- 17 - Taxation of Partnerships and Partners, par. 1.05[1], at 1-14 (4th ed. 2007). Only the first part of the rule (section 1.701-2(a) through (d), Income Tax Regs.) is pertinent to this case. Section 1.701-2(a), Income Tax Regs., is entitled “Intent of subchapter K”. It states: “Subchapter K is intended to permit taxpayers to conduct joint business * * * activities through a flexible economic arrangement without incurring an entity-level tax.” It further states that there are three requirements “[i]mplicit in the intent of subchapter K”: (1) “The partnership must be bona fide”, and the transaction(s) in question “must be entered into for a substantial business purpose”, (2) the transaction(s) must not violate substance over form principles, and (3) the tax consequences under subchapter K “must accurately reflect the partners’ economic agreement and clearly reflect the partner’s income” unless any departure from that standard is “clearly contemplated” by the applicable provision of subchapter K or the regulations thereunder. Section 1.701-2(b), Income Tax Regs., entitled “Application of subchapter K rules”, provides, in pertinent part: [I]f a partnership is formed or availed of in connection with a transaction a principal purpose of which is to reduce substantially the present value of the partners’ aggregate federal tax liability in a manner that is inconsistent with the intent of subchapter K, the Commissioner can recast the transaction for federal tax purposes, as appropriate to achieve tax results that are consistent with the intent of subchapter K * * * . Thus, even though the transaction may fall within the literal words of a particular statutory * * * provision, the Commissioner can determine * * * that to achieve tax results that are consistent with the intent of subchapter K * * *Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: March 27, 2008