PK Ventures, Inc. and Subsidiaries, et al. - Page 33

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          be allowed as a deduction at the end of the first succeeding                
          partnership taxable year, and subsequent partnership taxable                
          years, to the extent that the partner’s adjusted basis for his              
          partnership interest at the end of any such year exceeds zero               
          (before reduction by such loss for such year).”).                           
               Section 465 imposes a further limitation on a partner’s                
          distributive share of partnership losses.  Under section 465,               
          losses relating to activities engaged in by a taxpayer in                   
          carrying on a trade or business or for the production of income             
          are allowed as deductions only to the extent that the taxpayer is           
          at risk financially with respect to the activities.  Sec.                   
          465(a)(1), (c)(3).  Investors generally are considered to be at             
          risk financially to the extent that they contribute money to the            
          activities.  Sec. 465(b)(1)(A).  In addition, investors are                 
          considered to be at risk financially with respect to third-party            
          debt obligations relating to the activities to the extent that              
          they are personally liable for repayment of the debt obligations            
          or to the extent that they have pledged property, other than                
          property used in the activities, as security for the debt                   
          obligations.  Sec. 465(b)(1)(B) and (2).  The determination of              
          whether a taxpayer is to be regarded as at risk on a particular             
          debt obligation is to be made at the end of each taxable year.              
          Sec. 465(a)(1); Levy v. Commissioner, 91 T.C. 838, 862 (1988).              







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