- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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