-52- (2003); McGovern, “Liabilities of the Firm, Member Guaranties, and the At Risk Rules: Some Practical and Policy Considerations”, 7 J. Small & Emerging Bus. L. 63, 81 (Spring 2003) (“Section 465 [more specifically identified in a footnote as section 465(c)(2)(B)] provides that if equipment leasing is carried on by a partnership or subchapter S corporation, all items of equipment that are placed in service during the same taxable year are treated as constituting a single activity.”); Pennell, “Separate Treatment of At-Risk Activities Under Section 465 Delayed”, 62 J. Taxn. 372 (1985) (“For that category [section 1245 property], aggregation based on the taxable year the properties were placed in service is allowed under the special rule in Section 465(c)(2)(B).”). We have not found (nor have petitioners cited) any treatise or article that sets forth a contrary interpretation. C. At-Risk Amounts Petitioners argue that the deficit capital account restoration provision in the revised LCL operating agreement exposed LCL’s members to liability for their respective shares of LCL’s recourse debt. Respondent argues that this provision was not operative during the relevant years because it required that an LCL member first liquidate its interest in LCL, an event that never occurred during the relevant years. Respondent argues alternatively that the provision, if operative, did not make thePage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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