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Partner's basis.

The IRS An abbreviation for the Internal Revenue Service, a federal agency charged with the responsibility of administering and enforcing internal revenue laws.  has adopted final regulations (TD 9049) discussing special rules for determining the basis of a partner's interest under Sec. 705. The final rules address issues the IRS and Treasury considered during the development of final regulations (TD 8986) issued to prevent inappropriate increases or decreases in the adjusted basis of a corporate partner's interest in a partnership resulting from the partnership's disposition Act of disposing; transferring to the care or possession of another. The parting with, alienation of, or giving up of property. The final settlement of a matter and, with reference to decisions announced by a court, a judge's ruling is commonly referred to as disposition, regardless of  of the corporate partner's stock.

The rules, which are used to coordinate Belonging to a system of indexing by two or more terms. For example, points on a plane, cells in a spreadsheet and bits in dynamic RAM chips are identified by a pair of coordinates. Points in space are identified by sets of three coordinates.  Secs. 705 and 1032, were effective on March 18, 2003, and generally apply to sales or exchanges of stock occurring after that date. However, Regs. Sec. 1.705-2(d), dealing with positions in stock, applies to sales or exchanges of stock occurring after March 28, 2002.

The proposed regulations were to apply when a corporation owned a direct or indirect interest in a partnership that owned stock in the corporation, the partnership distributed money or other property to another partner who recognized gain Recognized Gain

The amount of gain reported for income tax purposes.

You can defer recognizing some gains until the following year(s).
See also: Capital Gain, Capital Loss, Deferred Income Tax, Drought Sale, Exempt Income, Exemption, Gain, Recognized Loss
 on the distribution during a year in which the partnership had no Sec. 754 election in effect and the partnership subsequently sold or exchanged the stock. According to according to
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

 the proposed regulations' preamble A clause at the beginning of a constitution or statute explaining the reasons for its enactment and the objectives it seeks to attain.

Generally a preamble is a declaration by the legislature of the reasons for the passage of the statute, and it aids in the interpretation of
, it might be inconsistent Reciprocally contradictory or repugnant.

Things are said to be inconsistent when they are contrary to each other to the extent that one implies the negation of the other.
 with Secs. 705's and 1032's intent to increase the basis of the corporation's partnership interest by the total gain resulting from the partnership's sale or exchange of the stock that was not recognized by the corporation under Sec. 1032.

The final regulations follow the proposed rules, but extend them to situations in which (1) a corporation owns a direct or indirect interest in a partnership that owns stock in the corporation; (2) the partnership distributes money or other property to another partner who recognizes a loss on the distribution, or the basis of the property distributed to that partner is adjusted during a year in which the partnership does not have a Sec. 754 election in effect; and (3) the partnership subsequently sells or exchanges the stock.

According to the IRS, the revisions provide a more consistent approach and better conform the new regulations to the Sec. 705 final regulations issued on March 29, 2002 (TD 8986).
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Author:Laffie, Lesli S.
Publication:The Tax Adviser
Date:May 1, 2003
Previous Article:2002 Data Book.
Next Article:Unlawful collection actions. (Regulations).

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