Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 27

                                        - 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