Arlene Nussdorf, et al. - Page 18




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               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...)           





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