Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 28

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               Timmy partnership at book value prior to the liquida-                   
               tion of the partnership and that, as a result, the only                 
               assets distributed to Mr. Ramsburg in liquidation of                    
               the partnership consisted of the remaining balance in                   
               the partnership checking account [Kildare Timmy bank                    
               account balance] and the proceeds from the partner-                     
               ship’s sale of the horses to Mr. Ramsburg.  Under                       
               �731(a)(2) of the Code, Petitioners therefore recog-                    
               nized a loss on the distribution of the cash balance of                 
               the checking account and the proceeds from the sale of                  
               the horses.  The fact that the fair market value of the                 
               horses owned by the Kildare Timmy partnership was not                   
               precisely determined does not change the fact that Mr.                  
               Ramsburg recognized a loss on the receipt of the liqui-                 
               dating distribution from the partnership. * * * Mr.                     
               Stottlemeyer effectively received, in liquidation of                    
               the partnership, a credit equal to his 50% share of the                 
               assets of the partnership against his liability to Mr.                  
               Ramsburg in the amount of $146,750.                                     
               In support of respondent’s position that section 469(g)(1)              
          does not permit petitioners to treat for 1998 petitioners’                   
          passive losses attributable to Kildare Timmy as nonpassive                   
          losses, respondent argues:                                                   
               a taxpayer who disposes of an interest in a passive                     
               activity may deduct suspended losses only if three                      
               conditions are satisfied:  (1) the taxpayer disposes of                 
               his entire interest in the activity; (2) the disposi-                   
               tion is in the form of a fully taxable transaction                      
               (i.e., one in which the full amount of the gain or loss                 
               inherent in the activity is recognized); and (3) the                    
               person acquiring the interest is not related to the                     
               taxpayer.  I.R.C. � 469(g).  The petitioners failed to                  
               satisfy any of these conditions.                                        
          According to respondent,                                                     


               24(...continued)                                                        
          If petitioners do not intend to include Kildare Timmy’s stud                 
          rights in their reference to the “horses” that Mr. Ramsburg                  
          allegedly purchased from Kildare Timmy, petitioners must concede             
          that Kildare Timmy distributed to Mr. Ramsburg not only money but            
          also such stud rights in liquidation of his interest in that                 
          partnership.                                                                 



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