- 7 - the $8,448 was includable in petitioner’s gross income and issued petitioner a notice of deficiency. A partnership is generally not subject to income tax. Persons carrying on the business as partners are liable for income tax in their separate or individual capacities. Sec. 701. In general, a partner must take into account separately his distributive share, whether or not distributed, of each class or item of partnership income, gain, loss, deduction, or credit. Sec. 1.702-1(a), Income Tax Regs. A partner’s distributive share of income, gain, loss, deduction, or credit generally is determined by the partnership agreement. Sec. 704(a). Petitioner does not dispute the amount of PTSI’s income in 2002. Nor does he directly challenge the amount of his distributive share that PTSI reported. Instead, he believes he should not be taxed on the $8,448 because the corporation, as general partner of PTSI, allegedly committed various wrongful acts. Petitioner asserts the corporation refused to provide him with PTSI’s financial information, refused to make distributions to him, and embezzled partnership funds. Although we address the merits of petitioner’s allegations infra, we do not do so here. That is because even if petitioner’s assertions are true, petitioner must report his distributive share of PTSI’s income in 2002. See Burke v. Commissioner, T.C. Memo. 2005-297 (taxpayer’s distributive sharePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011