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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011