Terry Nathan Norman - Page 7

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          partner who put up a greater share of the capital than his share            
          of the partnership profits is to receive preferential                       
          distributions to equalize capital accounts.”) (citing Otey v.               
          Commissioner, 70 T.C. 312, 321 (1978), affd. 634 F.2d 1046 (6th             
          Cir. 1980)), affd. 963 F.2d 218 (8th Cir. 1992).                            
               Petitioner has not provided the strong proof necessary to              
          vary the form in which his transaction with the corporation was             
          cast.  See Major v. Commissioner, supra.  We therefore hold that            
          petitioner and the corporation formed a partnership.2                       
          Issue 2.  Whether Petitioner’s Gross Income Includes a                      
          Distributive Share of PTSI’s Income                                         
               For its taxable year 2002, PTSI filed a Form 1065, U.S.                
          Return of Partnership Income, reporting income of $168,957.  PTSI           
          prepared a Schedule K-1, Partner’s Share of Income, Credits,                
          Deductions, etc., reporting petitioner’s distributive share of              
          this income as $8,448.  Petitioner did not report that amount on            
          his 2002 Federal income tax return.  Respondent determined that             




               2 Secs. 6221 to 6234 were added by the Tax Equity and Fiscal           
          Responsibility Act (TEFRA) of 1982, Pub. L. 97-248, sec. 402(a)             
          96 Stat. 648, and provide for the determination of partnership              
          items at the partnership, rather than at the individual partner,            
          level.  See Fargo v. Commissioner, T.C. Memo. 2004-13 n.1, affd.            
          447 F.3d 706 (9th Cir. 2006).  In general, the TEFRA provisions             
          do not apply to partnerships having 10 or fewer members unless              
          the partnership otherwise elects.  Sec. 6231(a)(1)(B).  Because             
          the partnership in question had fewer than 10 members and there             
          is no indication it made such an election, the TEFRA provisions             
          do not apply.                                                               




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