Whitman & Ransom, Maged F. Riad, Tax Matters Partner - Page 10

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          partners.  These provisions centralized the tax treatment of                
          partnership items and resulted in equal treatment for partners              
          through the uniform adjustment of each partner’s tax liability in           
          a single proceeding.  Chimblo v. Commissioner, 177 F.3d 119, 120-           
          121 (2d Cir. 1999), affg. T.C. Memo. 1997-535; Harbor Cove Marina           
          Partners Pship. v. Commissioner, 123 T.C. 64, 78-79 (2004).  Once           
          an action for readjustment of partnership items is commenced by             
          either the tax matters partner or a notice partner, any partner             
          with an interest in the outcome of that action may participate in           
          it.  Sec. 6226(c) and (d); Rule 245.                                        
               Pursuant to section 6221, the tax treatment of any                     
          partnership item is determined at the partnership level.  A                 
          “partnership item” is any item which must be taken into account             
          for the partnership’s taxable year to the extent that regulations           
          prescribe it as an item more appropriately determined at the                
          partnership level than at the partner level.  Sec. 6231(a)(3).              
          The regulations provide further that a partnership item not only            
          includes those items expressly listed in the regulations, but               
          also includes “the legal and factual determinations that underlie           
          the determination of the amount, timing, and characterization of            
          items of income, credit, gain, loss, deduction, etc.”  Sec.                 
          301.6231(a)(3)-1(b), Proced. & Admin. Regs.                                 
               The determination of a guaranteed payment is a partnership             
          item.  Sec. 301.6231(a)(3)-1(a)(2), Proced. & Admin. Regs.                  






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