Partner Tom transferred property (basis of $20,000; fair market value of $50,000
ID: 2565582 • Letter: P
Question
Partner Tom transferred property (basis of $20,000; fair market value of $50,000) to the TUV Partnership in exchange for a partnership interest. At a later date, when Tom's outside basis for his partnership interest was $70,000, Tom received a $50,000 cash distribution from the partnership. Which one of the following statements is not true?
a.
If the cash distribution occurred two months after the property contribution, the IRS may treat the transaction as a disguised sale.
b.
If the transaction is treated as a disguised sale, Tom's basis in the partnership interest will be $20,000.
c.
If Tom would have made the property contribution anyway, even if he knew that the partnership would probably not have any cash to distribute to him, the IRS would not likely contend the transaction was a disguised sale.
d.
If the IRS treated the transaction as a disguised sale, the partnership's basis in the property would be $50,000.
a.
If the cash distribution occurred two months after the property contribution, the IRS may treat the transaction as a disguised sale.
b.
If the transaction is treated as a disguised sale, Tom's basis in the partnership interest will be $20,000.
c.
If Tom would have made the property contribution anyway, even if he knew that the partnership would probably not have any cash to distribute to him, the IRS would not likely contend the transaction was a disguised sale.
d.
If the IRS treated the transaction as a disguised sale, the partnership's basis in the property would be $50,000.
Explanation / Answer
Ans is b. If the transaction is treated as a disguised sale, Tom's basis in the partnership interest will be $20,000.
Explanation: If a contribution and distribution is made to partnership within 2 years , it is treated as a disguised sale and also if there is future risk in investment , no disguised sale would be treated also if a transaction is treated as disguised sale, it will be treated as sale for all transactions. Partnership will take its fair value as basis. So only left option is option b