- 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
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