Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 33

                                        - 33 -                                         
               Having rejected the linchpin in petitioners’ position under             
          section 469(g)(1)(A) (viz., Mr. Ramsburg purchased from Kildare              
          Timmy its horses and stud rights immediately before Kildare Timmy            
          made a distribution to him in liquidation of his interest in that            
          partnership), we shall now analyze whether, as required by                   
          section 469(g)(1)(A), petitioners recognized all of the gain or              
          all of the loss, as the case may be, realized upon the distribu-             
          tion by Kildare Timmy to Mr. Ramsburg of Kildare Timmy’s horses              
          and stud rights and Kildare Timmy’s bank account balance.                    
               Section 731(a) provides:                                                
               SEC. 731.  EXTENT OF RECOGNITION OF GAIN OR LOSS ON                     
               DISTRIBUTION.                                                           
                    (a) Partners.--In the case of a distribution by a                  
               partnership to a partner--                                              
                         (1) gain shall not be recognized to such                      
                    partner, except to the extent that any money dis-                  
                    tributed exceeds the adjusted basis of such part-                  
                    ner’s interest in the partnership immediately                      
                    before the distribution, and                                       
                         (2) loss shall not be recognized to such                      
                    partner, except that upon a distribution in liqui-                 
                    dation of a partner’s interest in a partnership                    
                    where no property other than that described in                     
                    subparagraph (A) or (B) is distributed to such                     
                    partner, loss shall be recognized to the extent of                 
                    the excess of the adjusted basis of such partner’s                 
                    interest in the partnership over the sum of--                      
                              (A)  any money distributed, and                          


               26(...continued)                                                        
          [the] disposition of horses owned by * * * Kildare Timmy”.                   
          Consequently, pursuant to the terms of Mr. Stottlemeyer’s note,              
          Mr. Stottlemeyer did not owe Mr. Ramsburg anything.                          




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