- 27 - The transaction in which gain or loss was recog- nized was the taxable liquidation of the Kildare Timmy partnership. The liquidation was fully taxable because the only property distributed in liquidation was money. * * * As a result, the Petitioners incurred a loss on the disposition of Jacob R. Ramsburg, Jr.’s interest in the Kildare Timmy partnership in the amount of $69,772. * * * Provided that the Tax Court finds that the sale of the horses from the partnership to Mr. Ramsburg was a sale for tax purposes, it is clear that the liquidation of the partnership, involving the distribution of only money, was a fully taxable transaction under �731 of the Code. Section 731(a) of the Code provides that gain or loss is recognized in the case of a liquidating distribution by a partnership to a partner which only consists of money. Any gain or loss recognized pursu- ant to �731(a) of the Code is “considered as gain or loss from the sale or exchange of the partnership interest of the distributee partner.” I.R.C. �731(a) * * *. With regard to the [sic] Mr. Ramsburg’s purchase of the horses from the Kildare Timmy partnership, Mr. Ramsburg and Mr. Stottlemeyer were dealing at arms’ length. The evidence indicates that, at the time the sale of the horses was agreed to, each owned 50% of the capital interest of the partnership. * * * Specifi- cally, the form of the transaction was structured as a sale, the transaction was accounted for on the 1998 partnership return and the Petitioners’ 1998 individual tax return as a sale, both of which were prepared by Petitioners’ certified public accountants. * * * With respect to Kildare Timmy’s claimed sale of its horses to Mr. Ramsburg, petitioners contend: the evidence establishes that [petitioner] Jacob R. Ramsburg, Jr. purchased the horses[24] from the Kildare 24Although not altogether clear, it appears that, when petitioners contend that Mr. Ramsburg purchased the “horses” from Kildare Timmy, petitioners intend to include in their reference to the “horses” not only Kildare Timmy’s racing and breeding horses but also its stud rights, and we so assume hereinafter. (continued...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011