Wassim Zhani Income Taxation of Corporations (Chapter 9)
Wassim Zhani Income Taxation of Corporations (Chapter 9)
Wassim Zhani Income Taxation of Corporations (Chapter 9)
Taxation of
Partnerships and Partners
Test Bank
True or False
1. Under the “check the box” regulations, any unincorporated business having two or more owners
and that does not elect to be taxed as a corporation will be treated as a partnership.
2. Owners of investment property can elect that Subchapter K not apply to their ventures if each
owner retains a separate and undivided ownership interest in the acquisition, operation, and
disposition of the property.
3. It is possible for a business to be taxed as a partnership even though one of its partners is a
corporation.
4. General partnerships are owned solely by two or more general partners, and limited partnerships
are owned solely by two or more limited partners.
5. A limited partner, by definition, may not participate in the management of the limited
partnership.
6. A contributing partner’s holding period for an interest in a partnership begins on the date the
partnership interest is acquired.
7. B contributes her business property to AB Partnership. This property has a market value of
$2,000 and a basis to B of $1,500. The entity theory applies in this situation. Accordingly, the
basis of the property to the partnership is $2,000, and B recognizes a $500 gain.
8. When noncash assets are contributed to a partnership, the entity theory usually applies and,
therefore, gain or loss is recognized.
9. The partnership’s holding period for assets contributed to the partnership by a partner begins
with the date the assets are contributed.
10. A partner’s share of liabilities is generally based on her or his economic risk of loss in the case of
recourse debt and loss-sharing ratio in the case of nonrecourse debt.
9-1
9-2 Chapter 9 Taxation of Partnerships and Partners
11. When a partner’s share of debt is decreased, the reduction is treated as a cash distribution from the
partnership to the partner.
12. The contribution of depreciated property in a tax-free exchange for a partnership interest does not
trigger the § 1245 or § 1250 depreciation recapture provisions.
13. Partners may agree to specially allocate any existing revenue, expense, or other partnership item in
any way they wish when (a) they have owned their interest in the partnership for the entire year, and
(b) the allocation has a substantial economic effect. (Assume all partners contributed cash for their
capital interests.)
14. Special allocations of depreciation, depletion, gain, and loss accrued at the date property is
contributed to a partnership is optional.
15. An individual who contributes services in exchange for an unrestricted capital interest in a partnership
has includible ordinary income equal to the fair market value of the capital interest.
16. Organization costs of a partnership can be deducted when incurred or paid, or they can be amortized
on a straight-line basis over a period not to exceed 60 months, provided the partnership files the
proper election.
17. Syndication fees paid by a partnership may be amortized on a straight-line basis over a period of
60 months or longer.
18. Form 1065 and Schedule K-1 are prepared according to the aggregate theory; however, special tax
elections usually reflect the entity theory.
19. An individual who contributes services in exchange for an interest in the future profits of a newly
formed partnership does not recognize current year income on the receipt of the interest.
20. S owns a 30 percent interest in the capital and profits of ST partnership. S sold land ($5,000 basis) to
ST for its fair market value of $3,000. S’s $2,000 loss will be disallowed to him.
21. A has been a partner in the ABC Partnership for only four months. During the current year, the
partnership sold investment land that it purchased six years ago and recognized a $100,000 gain. A’s
distributive share of this gain is long-term capital gain.
22. A 70 percent partner has a $5,000 recognized loss when he sells equipment with a basis of $35,000 to
the partnership at its FMV of $30,000.
23. In most instances, a new partnership should use a January 31 year-end in order to maximize deferral
of partnership income for calendar year partners.
24. W, B, and G, the sole owners of a partnership, use different tax years for their individual returns.
They agree to adopt concurrent tax years for their personal returns. The partnership may also change
its tax year to coincide with those of the partners without approval from the IRS.
25. For purposes of determining a year-end for the partnership, a principal partner is defined as one who
owns 50 percent or more of the partnership.
26. The portion of a partner’s distributive share of losses that exceeds the partner’s basis may be carried
forward indefinitely and deducted in a later year or years when that partner’s basis is increased.
27. The flow-through of partnership losses is considered to be the last event to occur during a
partnership’s taxable year.
Test Bank 9-3
28. Dividend and interest income are considered passive activity income to a partner.
29. Any portion of a partner’s distributive share of current year partnership loss that is a nondeductible
passive activity loss does not reduce the partner’s outside basis in the partnership interest.
30. A guaranteed payment from a partnership always represents current ordinary income to the recipient
partner.
Multiple Choice
31. Which of the following is not considered a partnership for Federal income tax purposes?
a. Trust
b. Pool
c. Syndicate
d. Joint venture
e. Limited Liability Company
32. Which of the following is not a legal characteristic of a general partnership?
a. Unlimited liability of partners for partnership recourse debt
b. Restricted transferability of partnership interests
c. Centralized management
d. Limited life
e. All of the above are legal characteristics of partnerships.
33. Based on the entity concept of partnerships, which of the following statements is false?
a. A partnership may enter into taxable transactions with partners.
b. A partnership is legally liable for debts of the partners.
c. A partnership must file an annual tax return (Form 1065) reporting the results of operations.
d. A partnership is required to make tax elections for partnership activities that are applicable to all
partners.
e. A partnership may hold title to property in its own name.
34. Which of the following transactions between partnerships and partners are reported based on the
entity concept?
a. A partner exchanges appreciated land for a partnership capital interest.
b. A partnership makes a charitable contribution.
c. A partner sells appreciated equipment to the partnership.
d. Both b. and c. follow the entity concept.
e. All of the above follow the entity concept.
35. An individual received a 70 percent capital interest in a general partnership by contributing the
following:
Investment land purchased 10 years ago for $40,000 and valued at $90,000. There was a
$50,000 nonrecourse debt on the land that was also transferred to the partnership.
Services to organize the partnership valued at $22,500.
Business inventory purchased nine months ago for $10,000 and valued at $8,000.
a. $0
b. $22,500
c. $35,000
d. $57,500
e. $72,500
9-4 Chapter 9 Taxation of Partnerships and Partners
36. T transfers a building ($90,000 market value, $40,000 basis), plus a $60,000 nonrecourse debt on the
building, to a partnership in exchange for a 30 percent capital interest valued at $30,000. The
partnership has no other debt. T’s basis in his partnership interest is
a. $0
b. $2,000
c. $12,000
d. $30,000
e. $40,000
37. On January 1, 2011, F exchanged proprietorship equipment ($102,000 market value and $84,000
basis) for a 20 percent capital interest in a partnership. The calendar year partnership’s 2011 and 2012
tax depreciation deductions for this equipment total $8,400 (10% of contributed basis). How much of
the $8,400 should be allocated to F?
a. $1,680
b. $800
c. $240
d. $232
38. R exchanged a proprietorship parking lot ($23,000 market value and $15,000 basis) for a 10 percent
capital interest in a partnership. The partnership uses the property for four years and then sells it for
$25,000. R must recognize income from the sale of
a. $10,000
b. $8,200
c. $1,000
d. $200
39. An accountant performed services for EZ partnership and, in lieu of her normal fee, accepted a
10 percent unrestricted capital interest in the partnership with a fair market value of $7,500. How
much income from this arrangement should the accountant report on her tax return?
a. $7,500
b. $5,000
c. $2,500
d. $0
40. Individual D contributes $15,000 cash and investment land (FMV $35,000 and basis $22,000) and
Individual E contributes business assets (FMV $50,000 and basis $60,000) to create the new DE
Partnership. Which of the following statements is accurate?
a. Both D and E have initial capital balances of $50,000. D’s outside basis in his interest is $37,000
and E’s outside basis in his interest is $60,000.
b. Both D and E have initial capital balances of $50,000. D’s outside basis in his interest is $22,000
and E’s outside basis in his interest is $60,000.
c. Both D and E have initial capital balances and outside bases in their interests of $50,000.
d. D’s initial capital account balance and outside basis in his interest are $37,000 and E’s initial
capital account balance and outside basis in his interest are $60,000.
e. Because D and E have equal capital account balances, they must share partnership profits and
losses equally.
41. V is to perform services in exchange for a 20 percent capital interest in a partnership. Both the services
and the capital interest are valued at $30,000. However, the agreement between V and the partnership
states that the capital interest is forfeited if V violates any part of the service contract during the next
five years. V believes the market value of the interest at the end of the fifth year will be $70,000.
(Assume this $70,000 value is accurate when choosing among the answers below.) V has a choice of
recognizing
42. In return for services rendered to it by C, the ABC partnership transfers a one-fourth capital interest
to C when it only has one asset, a tract of land with a basis of $20,000 and fair market value of
$30,000. The partnership has no liabilities. As a result, ABC’s recognized gain and basis in the land,
respectively, are
a. $10,000 and $30,000
b. $2,500 and $22,500
c. $2,500 and $27,500
d. $10,000 and $20,000
43. QT Partnership, which operates a retail clothing store, had the following information at year-end:
a. $167,500
b. $167,700
c. $167,850
d. $168,050
e. $168,300
44. Which of the following is not used to calculate ordinary income (loss) on Form 1065?
a. Business interest income
b. Ordinary income from other partnerships and fiduciaries
c. Payments to Keogh or IRA plans for partners
d. Cost of goods sold
e. Guaranteed payments to partners
45. Items that may be subject to special tax treatment and that are reported separately on Schedule K of
the partnership return include all of the following except
a. Dividends
b. Capital gains and losses
c. Charitable contributions
d. Tax credits
e. Business bad debts
46. For the current year, Gamma Partnership has $60,000 net operating revenues before consideration of
any payment to its two equal partners, G and H. During the year, Gamma made a $25,000
guaranteed payment to Partner G. It also distributed $5,000 cash to both G and H. Gamma and its
two partners all use the calendar year for tax purposes. Based on these facts, how much partnership
income should G and H report on their current year individual returns?
a. Both G and H should report $30,000 of partnership income.
b. Both G and H should report $17,500 of partnership income.
c. Both G and H should report $12,500 of partnership income.
d. G should report $42,500 and H should report $17,500 of partnership income.
e. G should report $37,500 and H should report $12,500 of partnership income.
9-6 Chapter 9 Taxation of Partnerships and Partners
47. At the beginning of the current year, K’s basis in her partnership interest was $35,000. At the end of
the year, K received a K-1 from the partnership that showed the following:
Increase in share of partnership liabilities $8,700
Cash withdrawal 20,000
Partnership taxable income 13,500
Dividend income 5,000
Short-term capital loss 1,400
Charitable contribution ,500
Special allocation of depreciation 1,800
Based on these facts, compute K’s basis in her partnership interest at the beginning of the next year.
a. $31,200
b. $42,200
c. $31,700
d. $38,500
e. $39,900
48. Two years ago, J contributed a capital asset (FMV $10,000 and basis $16,000) to the JKL
Partnership. The asset was a nondepreciable § 1231 asset to the partnership. During the current year,
the partnership sold the asset for $8,000. As a result of the sale, the partnership should recognize:
a. An $8,000 § 1231 loss
b. A $6,000 capital loss and a $2,000 § 1231 loss
c. An $8,000 capital loss
d. A $2,000 § 1231 loss
e. A $2,000 capital loss
49. Z has a 40% interest in the profits and a 20% interest in the losses of the Lytton Partnership. Z’s
outside basis in his interest at the beginning of the year was $100,000. During the year the partnership
borrowed $80,000 on a fully recourse basis and took out a $200,000 nonrecourse mortgage on real
estate owned by the partnership. Based on these facts, which of the following statements is accurate?
a. If Z is a general partner, he may increase the basis in his partnership interest by a total of $96,000
because of the increased partnership debt.
b. If Z is a limited partner, he may increase the basis in his partnership interest by a total of $80,000
because of the increased partnership debt.
c. If Z is a general partner, he may increase the basis in his partnership interest by a total of $56,000
because of the increased partnership debt.
d. If Z is a limited partner, he may increase the basis in his partnership interest by a total of $16,000
because of the increased partnership debt.
e. Both a. and b. are accurate.
50. At the beginning of the current year, Corporation M had a $50,000 basis in its 50% interest in the
M&N Partnership. For the year, M&N incurred a $168,000 net operating loss and a $32,000 capital
loss and received $20,000 of dividend income. The amount of the partnership’s debts did not change
during the year and it made no distributions to its partners. Based on these facts, what amount of
M&N’s ordinary loss and capital loss may M recognize during the current year?
a. $42,000 ordinary loss and $8,000 capital loss
b. $50,000 ordinary loss
c. $50,400 ordinary loss and $9,600 capital loss
d. $54,000 ordinary loss and $16,000 capital loss
e. $60,000 ordinary loss
51. Which of the following is not a requirement for “substantial economic effect” within the meaning of
§ 704(b)?
a. Tax allocation of profits must be in the same ratio as the partners’ capital accounts.
b. Tax allocations of profit and loss must be reflected in the partners’ book capital accounts.
c. Liquidating distributions must be made on the basis of ending capital account balances.
d. Tax allocations of profits and losses must be in the same ratio.
e. Answers a. and d. are not requirements for “substantial economic effect.”
Test Bank 9-7
Basis in Partnership
Distributive Determined before
Partner Profit and Loss % Loss Distribution
P 40 $10,000
Q 25 8,000
R 25 1,000
S 10 1,000
100% $20,000
57. X has the following income and loss items for the current year:
a. $101,000
b. $70,000
c. $81,000
d. $80,000
e. $71,000
58. Which of the following partnership interests is not a § 469 passive activity?
a. A 20% limited interest in a partnership that operates a profitable restaurant business. The owner
of the interest is an individual.
b. A 20% limited interest in a partnership that operates a profitable restaurant business. The owner
of the interest is a publicly traded corporation.
c. A 20% general interest in a partnership that operates a profitable restaurant business. The owner
of the interest is an individual who does not materially participate in the day-to-day operations of
the business.
d. A 20% limited interest in a partnership that rents single family houses and duplexes. The owner of
the interest is an individual.
e. A 20% limited interest in a partnership that operates a profitable restaurant business. The owner
of the interest is a trust.
59. Before consideration of his $8,000 distributive share of Jedi Partnership’s current year loss, individual
C’s basis in his partnership interest was $5,000 and his at-risk amount was only $2,500. C has no
passive activity income for the current year. Based on these facts:
a. If C’s interest in Jedi is a passive activity, he cannot deduct any of the $8,000 distributive share
and will have a basis in his partnership interest of $5,000.
b. If C’s interest in Jedi is not a passive activity, he can deduct $2,500 of the $8,000 distributive
share and will have a basis in his partnership interest of $2,500.
c. If C’s interest in Jedi is not a passive activity, he can deduct $5,000 of the $8,000 distributive
share and will have a basis in his partnership interest of zero.
d. If C’s interest in Jedi is a passive activity, he cannot deduct any of the $8,000 distributive share
and will have a basis in his partnership interest of zero.
e. Both c. and d. are correct answers.
60. O purchased a 20% interest in the OOPS partnership for $20,000 on January 1, 2012. He purchased
another 10% interest in OOPS for $10,000 on December 1, 2012. As of January 1, 2013, what is O’s
holding period in his partnership interest?
a. One year
b. One month
c. One year for 50% of his interest and one month for 50% of his interest
d. One year for 67% of his interest and one month for 33% of his interest
61. G is a 50% general partner and L is a 50% limited partner in the GL limited partnership. The
partnership’s ordinary business income for the year is $60,000. G receives a guaranteed payment of
$15,000 for managing the partnership and L receives a guaranteed payment of $5,000 for helping to
arrange some financing for GL. How much of this income is subject to the self-employment tax?
a. $30,000 for G and $30,000 for L
b. $45,000 for G and $35,000 for L
c. $45,000 for G and $5,000 for L
d. $15,000 for G and $5,000 for L
9
Taxation of
Partnerships and Partners
True or False
1. True. Unless the business organization with two or more owners is incorporated or elects to be taxed
as a corporation, it will be treated as a partnership for federal income tax purposes. (See p. 9-3.)
2. True. Each owner must retain a separate and undivided ownership interest in order for the election to
be valid. (See p. 9-3.)
3. True. There are no restrictions placed on who or what qualifies as a partner. The Code and Regulations
simply state that the word partner “means a member of a partnership.” [See p. 9-2 and § 761(b).]
4. False. All partnerships must have at least one general partner. (See p. 9-4.)
5. True. If a limited partner does participate in management, he or she may be converted to general
partner status. (See p. 9-4.)
6. False. If a partner contributes either § 1231 or capital assets to a partnership, the holding period for
the partner’s interest in the partnership includes the period of time the partner owned the contributed
assets. [See Example 2, pp. 9-5 and 9-1, and § 1223(1).]
7. False. The aggregate theory applies when a partner contributes property to a partnership in exchange
for a partnership interest. In this case, B recognizes no gain and the partnership takes a $1,500
carryover basis in the contributed property. (See Example 2, pp. 9-5 and 9-6, and §§ 721 and 722.)
8. False. The aggregate theory applies. Consequently, when noncash assets are exchanged for an interest
in a partnership, the transfer is usually considered to be tax-free at both the partnership and partner
levels. (See p. 9-5 and §§ 721, 722, and 723.)
9. False. The partnership’s holding period includes the period of time the contributing partner held the
assets. [See p. 9-5 and § 1223(2).]
10. False. Each partner’s share of liabilities is based on his or her economic risk of loss for recourse debt,
but it is based on the profit-sharing ratio for nonrecourse debt. (See Examples 6 and 7, p. 9-8 through
9-10, and § 752.)
9-9
9-10 Chapter 9 Taxation of Partnerships and Partners
12. True. In such instances, potential recapture of depreciation is transferred to the partnership. (See p. 9-5.)
13. True. This freedom of allocation, however, is not available for precontribution income, gain, or loss when
noncash assets are contributed. [See Examples 28 and 29, pp. 9-31 through 9-32, and § 704(c).]
14. False. The special allocation is mandatory. [See pp. 9-31 through 9-33, and § 704(c).]
15. True. The tax-free exchange provisions apply to property contributed to a partnership but not to services
contributed. (See Example 13, p. 9-13, and § 721.)
16. False. Organization costs must be capitalized. If an election is made, up to $5,000 of organization
expenses can be deducted (assuming total organization expenses do not exceed $50,000). Remaining
organization expenses must be amortized over 180 months. [See p. 9-18 and § 709(b).]
17. False. Syndication fees paid or accrued by a partnership remain on the books as intangible assets until the
partnership is liquidated. (See p. 9-18 and § 709.)
18. True. Section 703 specifies that most elections must be made at the partnership level and that all partners
are required to use the same methods for reporting their share of partnership income, deductions, credits,
and losses. (See p. 9-16.)
19. True. The current liquidation value of a future profits interest is zero. (See Example 17 and p. 9-15.)
20. False. Such losses are disallowed only to a partner who directly or indirectly owns 50 percent or more of
the capital or profits interest in a partnership. [See p. 9-40 and § 707(b)(1)(A).]
21. True. The character of the gain (short-term or long-term) is determined at the partnership level. [See
pp. 9-19 and 9-25 and § 702(b).]
22. False. The entity concept does not apply to transactions between a partnership and a partner who directly
or indirectly owns more than 50 percent of the capital or profits interest of the partnership if the
transaction results in a loss. Such a partner cannot recognize the loss. [See p. 9-40 and § 707(b)(1)(A).]
23. False. A partnership must adopt the taxable year of those partners owning a majority interest in the
partnership. If the majority of the partners do not have the same taxable year, the partnership must adopt
the taxable year of its principal partners. If the principal partners do not have the same year, the
partnership must adopt the fiscal year resulting in the least aggregative deferral of partnership income. A
partnership may select another taxable year, subject to IRS approval. Normally the IRS will approve
another taxable year, such as a January 31 fiscal year, only if the taxpayer can establish a valid business
purpose. [See Example 18, pp. 9-17 and 9-18, and § 706(b).]
24. True. A partnership may adopt the tax year of its majority owners without IRS approval. [See p. 9-17 and
§ 706(b).]
25. False. In this context, a principal partner is one who owns 5 percent or more of the partnership. (See p. 9-17.)
26. True. Any losses that exceed a partner’s basis may be carried over indefinitely to be deducted when the
basis is increased. [See Example 34, pp. 9-34 and 9-35, and § 704(d).]
27. True. All distributions, contributions, and changes in partnership liabilities are considered to occur before
the flow-through of partnership losses. (See p. 9-28 and § 705.)
28. False. Dividends and interest are classified as portfolio income. Passive activity income is received from a
business in which the partner does not materially participate. [See pp. 9-36 and 9-37 and § 469(e).]
29. False. Basis reduction for a distributive share of partnership loss occurs regardless of the application of
§ 469 to that loss. (See Example 38 and p. 9-36.)
30. True. This is the statutory rule of § 707(c). (See pp. 9-39 through 9-40.)
Solutions to Test Bank 9-11
Multiple Choice
31. a. For income tax purposes, trusts, estates, and corporations are not classified as partnerships. However,
such organizations may own interests in partnerships. (See pp. 9-2 and 9-3 and § 761.)
32. c. A partnership is not characterized by centralized management because all general partners have the legal
right to participate in management decisions. [See p. 9-3 and Reg. § 301. 7701-2(a).]
33. b. According to the entity concept, a partnership has no responsibility for its partner’s debts. (See p. 9-4.)
34. c. The aggregate/conduit concept applies to the other transactions. The entity concept applies to c, with all
gain recognized by the partner, and the partnership treats the equipment in the same way as it would if the
purchase had been from an unrelated individual. [See pp. 9-38 to 9-39 and § 707(a).] The gain in a is not
recognized. (See Example 2, pp. 9-5 through 9-6, and § 721.) The contribution in b flows through the
partnership to the partners and is deductible by them. (See pp. 9-25 and 9-26.)
35. d. The basis in the interest equals $57,500 [$40,000 land basis þ $22,500 ordinary income recognized on
performance of services þ $10,000 inventory basis $15,000 net relief of debt (30% of $50,000)]. (See
pp. 9-5 through 9-13 and §§ 722 and 752.)
36. c. T is treated as retaining responsibility for the portion of the debt that exceeds his basis in the property
($60,000 $40,000 ¼ $20,000). The remaining portion of the debt ($40,000) is treated as a partnership
liability. T’s basis is computed as follows:
Basis of contributed property $40,000
Retained share of debt 20,000
Share of partnership debt ($40,000 30%) 12,000
Reduction in personal debt (60,000)
Total basis $12,000
38. b. R must be allocated income equal to the appreciation at the time the property is contributed to the
partnership of $8,000 ($23,000 $15,000) plus 10 percent of the income equal to the appreciation that
occurred while the partnership held the property of $200 ($25,000 $23,000 ¼ $2,000 10%). [See
Example 29, pp. 9-31 through 9-33, and § 704(c).]
39. a. Because the accountant received an unrestricted capital interest in exchange for services, the FMV of that
interest is includible ordinary income to her and becomes her basis in the partnership. [See Example 13,
p. 9-13, and Reg. § 1.721-1(b)(1).]
40. a. Capital accounts are credited with the fair market value of contributed property while outside basis equals
the tax basis of contributed property. (See Example 2 and pp. 9-5 and 9-6.)
41. e. Per § 83, V may elect to recognize the $30,000 FMV of the interest in the year of receipt or to defer
recognition of the projected $70,000 FMV until the end of the fifth year. (See Examples 14 and 15 and
pp. 9-13 and 9-14.)
42. b. ABC is treated as having sold a one-fourth interest in the land for $7,500 ($30,000/4). ABC must recognize
a gain of $2,500 [$7,500 ($20,000 basis/4 ¼ $5,000)]. The partnership’s basis in the land is $22,500
[($20,000 3/4 ¼ $15,000) þ $7,500]. (See Example 16 and pp. 9-14 and 9-15.)
9-12 Chapter 9 Taxation of Partnerships and Partners
43. a. Charitable contributions, dividends, § 1231 gains, and capital gains are stated separately and are not used
to calculate ordinary income. QT’s ordinary income is calculated as follows:
45. e. Bad debts are reported as a deduction on Form 1065. (See Exhibit 9-2 and pp. 9-25.)
46. d. The partnership taxable income after deduction of G’s guaranteed payment is $35,000 which is allocated
equally between G and H. G must also report his $25,000 guaranteed payment as ordinary income. [See
Example 41, pp. 9-38 and 9-39, and § 707(c).]
47. d. K’s basis equals the $35,000 beginning basis increased by her distributive share of ordinary and dividend
income ($18,500) and by the increase in her share of partnership liabilities ($8,700) and decreased by her
distributive share of capital loss, charitable contributions, and depreciation ($3,700) and her $20,000 cash
withdrawal. (See Example 23, p. 9-28, and §§ 705, 733, and 752.)
48. b. The $6,000 excess of the asset’s basis over FMV at date of contribution must be recognized as capital loss.
The $2,000 remaining loss is a § 1231 loss. (See Example 20, p. 9-26, and § 724.)
49. e. If Z is a general partner, he may increase his outside basis by 20% of the recourse debt ($16,000) and 40%
of the nonrecourse debt ($80,000) for a total increase of $96,000. If Z is a limited partner, he may increase
his outside basis by 40% of the nonrecourse debt ($80,000). (See Examples 6 and 7, pp. 9-8 through 9-10,
and § 752.)
50. c. Corporation M may increase its $50,000 basis by its $10,000 distributive share of partnership dividend
income. It may then deduct a total of $60,000 of its distributive shares of partnership net operating loss
($84,000) and capital loss ($16,000). The $50,000 deduction is allocated proportionally between the two
categories of losses. [See Example 35, pp. 9-34 and 9-35, and § 704(d).]
51. e. There is no requirement that allocations of partnership profits and losses reflect the relative capital
contributions of the various partners. Similarly, partners may agree to allocated partnership profits and
losses in different ratios. (See p. 9-5.)
52. a. A partner recognizes a guaranteed payment in his or her taxable year that includes the last day of the
partnership taxable year in which the partnership accounted for the guaranteed payment. [See Example 43,
p. 9-39, and § 707(c).]
53. d. Per § 707(b), a partner who owns more than a 50% interest in a partnership may not recognize loss upon
the sale of property to the partnership. (See Example 44 and p. 9-40.)
54. c. This transaction is treated as a loan between unrelated parties, so that J must recognize interest income
upon receipt, and J&D may take an interest deduction upon payment. [See pp. 9-38 and 9-39 and § 707(a).]
55. b. The amount of loss is limited to the partner’s adjusted basis in the partnership.
R will carry over the disallowed loss ($250) to be deducted in a later year or years to the extent that R has
increased his basis in the partnership. [See Example 34, pp. 9-34 and 9-35, and § 704(d).]
56. c. G’s share of the loss in 2011 is $7,000 (50% of $14,000). However, since G’s basis before loss distribution
is only $5,000, G’s deduction on his 2011 return is limited to $5,000. Thus, G starts 2012 with a beginning
basis of $0. In 2012, G’s share of profits is $3,000. G’s unused 2011 distributed loss of $2,000 is subtracted
from G’s 2012 $3,000 share of profits and results in net partnership income of $1,000 for G to report in
2012. Note that G has a basis in GH Partnership of $1,000 after the receipt of his distributive share of the
2012 partnership profit ($3,000). [See Example 34, pp. 9-34 and 9-35, and § 704(d).]
57. c. Active income of $80,000 ($100,000 $20,000) plus portfolio income of $1,000 is included in A.G.I. The
limited partnership loss of $10,000 is a passive loss and will be carried forward to offset passive income in
future years or deducted when the partnership interest is disposed of. (See Example 38, p. 9-36, and § 469.)
58. b. Publicly traded (widely held) corporations are not subject to § 469. (See Example 39, p. 9-37.)
59. d. The allocation of $8,000 of partnership loss to C reduces the outside basis in his interest to zero. However,
none of the loss can be deducted because C has no passive activity income for the year. (See Examples 37
and 38 and pp. 9-36 and 9-37.)
60. d. When a partner acquires his partnership interest at different times, holding period is apportioned to the
interest based on the fair market value of the interest purchased. As of January 1, 2013, O has a one-year
holding period in two-thirds of his partnership interest ($20,000/$30,000, and a one-month holding period
for one-third ($10,000/$30,000) of his interest. (See pp. 9-5 and 9-6.)
61. c. All guaranteed payments receive by partners, whether general or limited, in return for services rendered
are included in self-employment income. A general partner's distributive share of income is also self-
employment income, but a limited partner's share is usually not. Thus, G has $45,000 of self-employment
income ($30,000 þ $15,000) and L has $5,000. (See p. 9-27.)
9
Taxation of
Partnerships and Partners
Comprehensive Problems
Y: Cash of $100,000
Z: Land with $100,000 fair market value and $80,000 basis
Y and Z share profits and losses equally. Duo started business operations on February 1, 2012. The following
current year’s figures were prepared by Duo’s controller, using the cash method of accounting. Y is a general
partner and materially participates in business operations, and Z is a limited partner.
COMPREHENSIVE PROBLEMS
1. Calculate the following amounts (show your work).
9-15
9-16 Chapter 9 Taxation of Partnerships and Partners
2. a. Sales $ 700,000
Cost of goods sold (400,000)
Salaries to employees (150,000)
Payroll taxes for employees (10,000)
Guaranteed payment to Y (51,000)
Operating expenses (150,000)
Organizational expenses (2,000)
Net income (loss) $ (61,000)
9-19
9-20 Chapter 9 Taxation of Partnerships and Partners
2011
Form For calendar year 2011, or tax year beginning , 2011, ending , 20 .
Department of the Treasury ▶
Internal Revenue Service See separate instructions.
A Principal business activity Name of partnership D Employer identification number
$ 162,500
G Check applicable boxes: (1) Initial return (2) Final return (3) Name change (4) Address change (5) Amended return
(6) Technical termination - also check (1) or (2)
H Check accounting method: (1) Cash (2) Accrual (3) Other (specify) ▶
I Number of Schedules K-1. Attach one for each person who was a partner at any time during the tax year ▶
J Check if Schedules C and M-3 are attached . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Caution. Include only trade or business income and expenses on lines 1a through 22 below. See the instructions for more information.
instructions)? Yes No
Signature of general partner or limited liability company member manager Date
Print/Type preparer’s name Preparer’s signature Date PTIN
Paid Check if
self- employed
Preparer
Firm’s name ▶ Firm's EIN ▶
Use Only
Firm’s address ▶ Phone no.
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 11390Z Form 1065 (2011)
9-34 Chapter 9 Taxation of Partnerships and Partners
b Own directly an interest of 20% or more, or own, directly or indirectly, an interest of 50% or more in the profit, loss,
or capital in any foreign or domestic partnership (including an entity treated as a partnership) or in the beneficial
interest of a trust? For rules of constructive ownership, see instructions. If “Yes,” complete (i) through (v) below . .
(ii) Employer (v) Maximum
Identification
(iii) Type of (iv) Country of Percentage Owned in
(i) Name of Entity
Number (if any) Entity Organization Profit, Loss, or Capital
▲ ▲
Name of
designated Identifying
TMP number of TMP
▲
If the TMP is an
entity, name Phone number
of TMP representative of TMP
▲
Address of
designated
TMP
Form 1065 (2011)
9-36 Chapter 9 Taxation of Partnerships and Partners
4 Guaranteed payments . . . . . . . . . . . . . . . . . . . . . 4
5 Interest income . . . . . . . . . . . . . . . . . . . . . . . . 5 1,400
6 Dividends: a Ordinary dividends . . . . . . . . . . . . . . . . . 6a
b Qualified dividends . . . . . . 6b
7 Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Net short-term capital gain (loss) (attach Schedule D (Form 1065)) . . . . . . . 8
9a Net long-term capital gain (loss) (attach Schedule D (Form 1065)) . . . . . . . 9a
b Collectibles (28%) gain (loss) . . . . . . . . . 9b
c Unrecaptured section 1250 gain (attach statement) . . 9c
10 Net section 1231 gain (loss) (attach Form 4797) . . . . . . . . . . . . . 10
11 Other income (loss) (see instructions) Type ▶ 11
Employ- Deductions
c Qualified rehabilitation expenditures (rental real estate) (attach Form 3468) . . . . 15c
d Other rental real estate credits (see instructions) Type ▶ 15d
e Other rental credits (see instructions) Type ▶ 15e
f Other credits (see instructions) Type ▶ 15f
16a Name of country or U.S. possession ▶
b Gross income from all sources . . . . . . . . . . . . . . . . . . . 16b
Foreign Transactions
651111
Final K-1 Amended K-1 OMB No. 1545-0099
Schedule K-1
(Form 1065) 2011 Part III Partner’s Share of Current Year Income,
Deductions, Credits, and Other Items
Department of the Treasury For calendar year 2011, or tax 1 Ordinary business income (loss) 15 Credits
Internal Revenue Service
year beginning , 2011 26,280
ending , 20 2 Net rental real estate income (loss)
Partner’s Share of Income, Deductions, 3 Other net rental income (loss) 16 Foreign transactions
Credits, etc. ▶ See back of form and separate instructions.
ATLANTA, GA 30304
7 Royalties
C IRS Center where partnership filed return
ATLANTA 8 Net short-term capital gain (loss)
Loss % 60 %
Capital % 60 %
840
K Partner’s share of liabilities at year end:
Nonrecourse . . . . . . $ 18,000 14 Self-employment earnings (loss)
Qualified nonrecourse financing . $ 52,230 56,280
Recourse . . . . . . . $
For Paperwork Reduction Act Notice, see Instructions for Form 1065. Cat. No. 11394R Schedule K-1 (Form 1065) 2011