If the partnership is treated under the general entity approach of §741, a partnership interest would be a capital asset that would qualify for §453 treatment.Revenue Ruling 89-108 held that income from the sale of a partnership interest may not be reported under the installment method to the extent it represents income attributable to the substantially appreciated inventory.On the other hand, the character of the gain or loss to the partnership is determined by reference to the character of the assets it exchanges for the relinquished §751(b) property, which is generally capital in character.hot assets), the amount of any gain or loss with respect to payments under §736(b) for a retiring or deceased partner’s interest in property for each year of payment shall be determined under §731.
Because of discounts, the fair market value at date of death of the limited partnership interest was determined to be million. She has also done controversy work before the Internal Revenue Service and the New York State Department of Taxation and Finance.
A Section 743(b) adjustment is made when there is a sale or exchange of a partnership interest or on the death of a partner. The goal of the adjustment is to make the transferee have an inside basis in the partnership assets equal to the amount he would have had if he had purchased an undivided interest in the partnership assets. The partnership reports the adjustment on Form 1065 (PDF), Schedule B, Line 12b, Schedule K, Line 11 or 13 and the transferee’s Form K-1 Sections 734(b) and 743(b) Under Section 734(b), an adjustment is made to the tax basis of partnership assets after two types of distributions: When there is a change in the tax bases of distributed assets, the adjustment is the amount required to equalize the aggregate, post-distribution bases of the assets distributed and retained by the partnership to the total pre-distribution basis of the assets.
A 754 election activates both Section 734(b) and Section 743(b). This adjustment, which can be either positive or negative, is pro-rated over the partnership assets under the rules set forth in Section 755. It does not affect the transferee’s capital account.
or liquidation of a partnership interest, §§751(a) and (b) are designed to prevent an assignment of one partner’s share of ordinary income to another partner.
The mechanism that prevents this assignment of ordinary income creates a fiction under §751(a) for a sale and a fiction under §751(b) for a redemption of a partnership interest.