Olsen-Smith, LTD., Smith-Olsen, PLC, Tax Matters Partner - Page 11

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          We also consider it inappropriate to opine on the hypothetical              
          potential adjustments that respondent might propose if any of the           
          three individuals was in fact a partner of LTD.                             
               Nor do we conclude that LTD’s reporting of its ordinary                
          income as NESE is an item that the regulations provide is more              
          appropriately determined at the partnership level than at the               
          partner level.  Section 301.6231(a)(3)-1, Proced. & Admin. Regs.,           
          lists those items that are partnership items because they are               
          more appropriately determined at the partnership level.  In                 
          relevant part, that list includes a partnership’s                           
          characterization of its items of income, credit, gain, loss, or             
          deduction.  As discussed above, LTD was not required at the                 
          partnership level to characterize the amount of its ordinary                
          income that was in fact NESE.  LTD was required at that level to            
          determine the entity status of its three direct partners and to             
          report perfunctorily its ordinary income as NESE except to the              
          extent that the ordinary income was allocated to a direct partner           
          that was a limited partner, estate, trust, corporation, exempt              
          organization, or IRA.  LTD was not required to determine the                
          identity of its indirect partners, and it was not required to               
          determine whether any member of those indirect partners was                 
          itself a passthrough entity.  LTD also was not required to                  
          determine the ultimate recipients of its ordinary income.  Each             
          of these matters that LTD was not required to determine had no              






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