- 15 - other contractual arrangements. It also means that, with regard to recourse liabilities, the shifting of basis cannot occur without a concomitant shifting of the underlying risk of economic loss. Mr. Forsythe bore the economic risk of loss with regard to the recourse liability because he personally guaranteed the full amount of the Nationsbanc loan and had no rights to “reimbursement, contribution, exoneration or indemnity (or any similar right)”. See sec. 1.752-2(b)(3)(i), Income Tax Regs. Pursuant to the related partner exception, Mr. Forsythe and Indeck Overseas, as common owners of interests in IPO II, may not be treated as related persons for purposes of all determinations of economic risk of loss. Therefore, Mr. Forsythe’s economic risk of loss as guarantor cannot be attributed to Indeck Overseas, as conceded by petitioner. Petitioner argues, however, that Indeck Overseas did bear economic risk of loss for the recourse liability through the Indeck Energy guaranty. Petitioner argues that Indeck Overseas can be related to Indeck Energy through Mr. Forsythe for purposes of determining economic risk of loss. We disagree. Indeck Overseas is only related to Indeck Energy via its “relationship” with Mr. Forsythe. See sec. 267(b)(11); sec. 1.752-4(b)(1), Income Tax Regs. The related partner exception begins with the language “Notwithstanding paragraph (b)(1) ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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