Whitman & Ransom, Maged F. Riad, Tax Matters Partner - Page 8

                                          8                                           
          1996 Schedule K-1, allocating to each withdrawing partner an                
          amount classified as a guaranteed payment equal to the deficit              
          capital account; i.e., Parson was allocated $30,823; Handler                
          $186,740;6 Sargent $85,470; Tilton $46,138; and Hahn $96,351.               
               On March 10, 2003, respondent issued an FPAA for 1996 to               
          Maged F. Riad as tax matters partner for W&R.  Respondent                   
          disallowed the deduction for guaranteed payments, determining W&R           
          failed to substantiate that guaranteed payments were incurred or            
          paid in 1996 or that the amounts were deductible as ordinary and            
          necessary expenses under section 162.  In the alternative,                  
          respondent determined that Hahn, Handler, Parson, Sargent, and              
          Tilton received taxable guaranteed payments in 1996 consistent              
          with the treatment accorded in the partnership return.                      
               On May 27, 2003, petitioner filed with the Court a Petition            
          for Readjustment of Partnership Items Under Code Section 6226               
          praying that the Court:  (1) “determine that petitioner filed a             
          partnership return for 1996 which correctly and accurately                  


               5(...continued)                                                        
          respondent to be guaranteed payments.                                       

               6 The $1 difference between the calculated capital account             
          and the amount deducted will be attributed to rounding.  Handler            
          reported a $137,074 long-term capital gain on Schedule D, Capital           
          Gains and Losses, in his 1996 Federal tax return as “liquidation            
          of p’ship interest” and paid the applicable tax. His calculation            
          of the deficit in his capital account differed from W&R’s.  The             
          treatment of the transaction by other withdrawing partners is not           
          in the record.                                                              





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