In Touch Properties, LLC, David England, Tax Matters Partner - Page 18




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          section 301.6231(a)(3)-1, Proced. & Admin. Regs., does not                  
          clearly answer the question of whether determinations regarding             
          contributions to a partnership’s capital and the effect of those            
          contributions on the partner’s basis and at-risk amounts are                
          partnership items.  See the discussion of section 301.6231(a)(3)-           
          1, Proced. & Admin. Regs., in Hambrose Leasing 1984-5 Ltd. Pship.           
          v. Commissioner, 99 T.C. 298, 306-312 (1992).                               
               In Hambrose Leasing, we interpreted section 301.6231(a)(3)-            
          1, Proced. & Admin. Regs., in the context of determining whether            
          individual partners were at risk under section 465(b)(4).  After            
          carefully considering the provisions of section 301.6231(a)(3)-1,           
          Proced. & Admin. Regs., and the arguments of the parties therein,           
          we stated the following:                                                    
                    We conclude, based on the circumstances of this                   
               case, that the determination of amounts at risk with                   
               respect to partnership liabilities personally assumed                  
               by individual partners is not a partnership item, but                  
               is an affected item, which can be dealt with only in a                 
               proceeding involving the partners and not in this                      
               partnership level proceeding.  Sec. 6226(f); N.C.F.                    
               Energy Partners v. Commissioner, 89 T.C. 741, 743                      
               (1987).  We base this conclusion on the definition of                  
               “partnership item” in section 6231 (“required to be                    
               taken into account for the partnership’s taxable                       
               year”), our interpretation of the pertinent                            
               regulations, in light of the statute (an approach which                
               makes it unnecessary for us to rule on petitioners’                    
               contention that the regulations are invalid), and the                  
               application of the statute and regulations in the                      
               decided cases.  In short, the application of section                   
               465 as such is not an issue appropriate for a                          
               determination in a partnership level proceeding.  See                  






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