- 18 - such information. 8. In determining its basis in the contributed options, the purported partnership was required to take into account the amount and character of the contribu- tion, which included the fair market value and basis of the contribution, whether the obligation leg was a “liability” assumed by the partnership, and whether the legs of the options needed to be aggregated. * * * [Citations omitted.] We agree with respondent. Section 6231(a)(3) defines the term “partnership item” to mean with respect to a partnership, any item required to be taken into account for the partnership’s taxable year under any provision of subtitle A to the extent regula- tions prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropri- ately determined at the partnership level than at the partner level. Section 6231(a)(4) defines the term “nonpartnership item” to mean “an item which is (or is treated as) not a partnership item.” Section 6231(a)(5) defines the term “affected item” to mean “any item to the extent such item is affected by a partnership item.” Section 723 provides in pertinent part that the basis of property contributed to a partnership by a partner is the ad- justed basis of such property to the contributing partner at the time of the contribution.14 Thus, in order for a partnership to 14Sec. 1.723-1, Income Tax Regs., promulgated under sec. 723 further provides in pertinent part: (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007