Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 23

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          partner.80  See H. Conf. Rept. 108-755, at 401 (2004).                      
          Consequently, if the partnership has made a section 754 election,           
          the transferee partner is not allocated any existing built-in               
          gain or loss in the property.  On the other hand, if the section            
          754 election is not made, inside basis in partnership property is           
          not adjusted upon the transfer of a partnership interest.  Sec.             
          743(a).  Consequently, in the absence of a section 754 election,            
          the transferee partner may be allocated the built-in gain or loss           
          when the partnership disposes of the property.81                            

               80 More exactly, under sec. 743(b), in the case of a                   
          transfer of a partnership interest by sale or exchange:  (a) The            
          partnership increases its basis in partnership property by the              
          same amount as the transferee partner’s outside basis in his                
          partnership interest exceeds his inside basis in partnership                
          property; and (b) the partnership decreases its basis in                    
          partnership property by the same amount as the transferee                   
          partner’s inside basis in partnership property exceeds the                  
          transferee partner’s outside basis in his partnership interest.             
          In the case of property contributed to the partnership by a                 
          partner, the sec. 704(c) rules apply in determining the                     
          transferee partner’s inside basis in partnership property.  Sec.            
          743(b) (flush language).  The increase and decrease in the                  
          partnership’s basis constitutes an adjustment with respect to the           
          transferee partner only.  Sec. 743(b) (flush language).                     
               81 Recent legislation has limited the ability to transfer              
          losses among partners.  In the American Jobs Creation Act of 2004           
          (AJCA 2004), Pub. L. 108-357, sec. 833(a) and (b), 118 Stat.                
          1589, Congress amended secs. 704(c) and 743 effective for                   
          contributions and transfers after the date of enactment.  With              
          respect to sec. 704(c), AJCA 2004 sec. 833(a) provides that the             
          built-in loss in contributed property is taken into account only            
          in determining the amount of items allocated to the contributing            
          partner; in determining the amount of items allocated to other              
          partners, the partnership’s basis in partnership property shall             
          be treated as being equal to its fair market value at the time of           
          contribution.  With respect to sec. 743, AJCA 2004 sec. 833(b)              
                                                             (continued...)           





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