Whitman & Ransom, Maged F. Riad, Tax Matters Partner - Page 12

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          section 162(a).  Alternatively, respondent determined that each             
          of the withdrawing partners received taxable guaranteed payments            
          in accordance with the partnership return filed by W&R.                     
               Section 736(a) applies to payments made in liquidation of              
          the withdrawing partners’ interests.8  The phrase “liquidation of           
          a partner’s interest” means:                                                
               the termination of a partner’s entire interest in a                    
               partnership by means of a distribution, or a series of                 
               distributions, to the partner by the partnership.  A                   
               series of distributions will come within the meaning of                
               this term whether they are made in one year or in more                 
               than one year.  Where a partner’s interest is to be                    
               liquidated by a series of distributions, the interest                  
               will not be considered as liquidated until the final                   
               distribution has been made.                                            
          Sec. 1.761-1(d), Income Tax Regs.                                           
               The severance agreements signed by Parson in 1993 and by               
          Handler in 1994 establish that each had withdrawn as members of             


               8 Sec. 736 provides in relevant part:                                  
               SEC. 736.  PAYMENTS TO A RETIRING PARTNER OR A DECEASED                
                         PARTNER’S SUCCESSOR IN INTEREST.                             
                    (a) Payments Considered as Distributive Share or                  
               Guaranteed Payment.--Payments made in liquidation of the               
               interest of a retiring partner or a deceased partner shall,            
               except as provided in subsection (b), be considered--                  
                         (1) as a distributive share to the recipient of              
                    partnership income if the amount thereof is determined            
                    with regard to the income of the partnership, or                  
                         (2) as a guaranteed payment described in section             
                    707(c) if the amount thereof is determined without                
                    regard to the income of the partnership.                          






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