George Maciel - Page 24

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                    1On brief, the parties explained that respondent audited and      
               initially disallowed all expense deductions for Tri-City’s 1990 taxable
               year.  The parties stipulated that petitioner’s income inclusion from  
               Tri-City for 1990 was $41,105.                                         
                   We agree that this inclusion of income increased petitioner’s     
               basis.  Subch. K of the Code governs basis in a partnership.  Sec. 705 
               details how to calculate basis.  Specifically, a partner’s basis in his
               partnership interest is increased by, inter alia, the amount of his    
               distributive share of taxable income.  Sec. 705.  Thus, to the extent  
               petitioner recognized additional income as a result of the adjustment to
               Tri-City, he is also entitled to an upward adjustment of his basis in  
               Tri-City.  Respondent’s and petitioner’s calculations correctly        
               incorporate the increase in basis due to the additional income         
               inclusion.                                                             
                    2See supra note 5.  The inclusion of the “extra” $1,000 is        
               irrelevant, since it increases the basis and likewise increases the    
               amount realized.                                                       
               One difference between petitioner’s and respondent’s                   
          calculation of unreported income from this sale is whether the              
          inclusion of petitioner’s relief from partnership debt under the            
          sales agreement should be included as part of the sale proceeds.            
          We believe that respondent, in contrast to petitioner, correctly            
          includes, as an amount realized, that portion of the liability of           
          which petitioner is relieved by virtue of the sales agreement.30            
          “If a partnership interest is sold or exchanged, the reduction in           
          the transferor partner’s share of partnership liabilities is                
          treated as an amount realized under section 1001 and the                    
          regulations thereunder.”  Secs. 1.752-1(h), 1.1001-2(a), Income             

               30Petitioner argues that respondent incorrectly included               
          petitioner’s relief from indebtedness as an amount realized in              
          the sale.  It is clear that the amount of the indebtedness from             
          which petitioner is relieved is included as an amount realized in           
          the sale transaction, and likewise, petitioner’s basis in                   
          partnership is increased by his proportionate share of the                  
          partnership liability.  See secs. 705, 722, 752.  Thus, the                 
          amount realized is equally offset by the basis increase.                    




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