- 3 - MEMORANDUM OPINION HALPERN, Judge: This case is a partnership-level action based upon a petition filed pursuant to section 6226.1 The petition was filed in response to respondent’s notice of final partnership administrative adjustment (the FPAA) dated October 8, 2004. The case is before us on a motion for partial summary judgment (the motion) by a participating partner, Arthur M. Winn (participating partner or Mr. Winn), who until December 26, 2000, was a limited partner in Countryside Limited Partnership (Countryside). Respondent objects. The FPAA alleges that a distribution by Countryside to Mr. Winn and to Lawrence H. Curtis (Mr. Curtis), another limited partner, on December 26, 2000, in liquidation of their partnership interests in Countryside resulted in $12,055,192 of capital gain to Mr. Winn and Mr. Curtis, cumulatively, for that year. The FPAA also seeks to (1) deny to Countryside a basis step-up, pursuant to section 734(b)(1)(B), for its property remaining after the distribution to Mr. Winn and Mr. Curtis, (2) require a basis reduction pursuant to section 743(b)(2) for certain notes held by an L.L.C. in which Countryside, through another L.L.C., owned a 98-percent interest, or, alternatively, disregard both L.L.C.s, and (3) impose underpayment penalties under section 6662. 1 Unless otherwise noted, all section references are to the Internal Revenue Code in effect for the year at issue, 2000, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008