Olsen-Smith, LTD., Smith-Olsen, PLC, Tax Matters Partner - Page 9

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          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 individual           






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