-8- This argument, though, rests entirely on whether JTA met TEFRA’s definition of a “small partnership.” See sec. 6231(a)(1)(B). For the 1995 tax year, this definition set two tests. The first was whether JTA had ten or fewer partners, each of whom was a natural person or the estate of a dead partner. Sec. 6231(a)(1)(B)(i)(I). The Commissioner concedes JTA passed this test. The second test for the 1995 tax year was whether JTA allocated each item to each partner the same way. This “same- share” requirement meant, for example, that a one-third partner had to get one-third of the partnership’s income and deductions; if he got one-third of the income, but one-half of even one of the deductions, the partnership would be subjected to TEFRA.5 Sec. 6231(a)(1)(B)(i)(II). Nehrlich claims that the Commissioner was wrong to flunk JTA on the same-share test. He reasons that a partnership’s “guaranteed payments”6 were not subject to the same-share requirement, and that JTA’s health insurance premiums were “guaranteed payments.” Nehrlich is correct that guaranteed payments are not one of the items used in a same-share analysis. See sec. 301.6231(a)(1)-1T(a)(3), Temporary Proced. & Admin. 5 The same-share requirement was removed from section 6231(a)(1)(B)(i) by the Taxpayer Relief Act of 1997, Pub. L. 105- 34, sec. 1234(a), 111 Stat. 1024. 6 Guaranteed payments are payments made to a partner without regard to the partnership's income. Sec. 707(c).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007