-9- amount of income that would be NESE in the hands of the ultimate recipients if those recipients were in fact individuals. Cf. Hambrose Leasing v. Commissioner, 99 T.C. 298, 310 (1992). Thus, as to the issue at hand, LTD was excused by subtitle A (and the 1999 instructions to Form 1065) from reporting separately that portion of its ordinary income that was not NESE because that portion was allocated to direct partners which were limited partners, estates, trusts, corporations, exempt organizations, or IRAs. See, e.g., the 1999 Instructions to Form 1065, supra at 23-24. Whether an individual actually was a member of one or more of the passthrough entities (LLCs) at issue, and thus was an indirect partner of LTD, was not a determination that LTD was required to make under subtitle A. Where as here a partnership interest is held by a direct partner that is an LLC, the partnership must state that its ordinary income is NESE, without consideration of the nature or identity of the actual or reported owners of the LLC. The actual taxability of the separately stated amount as NESE, if later disputed by the Commissioner, is then determined at the indirect partner level through an affected item notice of deficiency issued after the TEFRA partnership- level proceeding is complete. Petitioner seeks a contrary conclusion by focusing on the definition of NESE set forth in section 1402(a). Petitioner notes that this definition requires the presence of an individualPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011