12 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 The severance agreements signed by Parson in 1993 and by Handler in 1994 establish that each had withdrawn as members of 8 Sec. 736 provides in relevant part: SEC. 736.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011