- 28 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011