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05/24/2012 at 04:51PM PDT
Important Announcement! A planned system-wide upgrade will take place over the Memorial Day Weekend in the US (From Thurs, May 24, 2012 at 6 pm PDT thru Tues, May 29, 2012 at 5 am PDT). This includes QuickBooks, QuickBooks Payroll, Point of Sale, & Salesforce.com. This is only for US based products. This does not affect QuickBooks Online customers! During this time, you can shop, but can’t place orders online, activate products or update account info. We apologize for the inconvenience & thank you for patience while we improve our infrastructure to better serve you. International versions are unaffected. For more info, see our community discussion.
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Contributor
06/15/11 8:40am PDT
Viewed by asker 08/30/11 2:54pm PDT

Can partners write off remaining basis after dissolution of a partnership?

Lacerte : 2010

Family Limited LLP, 1 general partner and 5 limited partners
CPA firm messed up the basis, we'll have to recreate going back 14 years or so. No big deal.
They invested in land, each year they received a K1 showing ordinary income and paid tax on it. The two partners I'm dealing with never received distributions (unlike the other family members) The original investment was 10,000. We roughly calculated current basis at 200,000.
the land went into foreclosure, the general partner was the only one who guaranteed the loan. Now the partnership is dissolved.
How much if anything can the two partners write off? Just the original 10,000 or the remaining basis as well, since they paid tax and never received any distributions (no benefit).
How do they write this off, ordinary loss, business bad debt, capital loss?

Any thoughts are greatly appreciated.

Hope this helps. If so please mark solved, if not please ask more questions. Thanks!
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Accountant Man
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06/15/11 8:46am PDT

If the p-ship is closed and dissolved and they receive nothing more they can write off the balance of the capital account as a LTCL.

Investment plus income less losses less distributions = basis.

Although it is probably a useless question at this point, but how did the other partners receive distributions and not your clients? Pro rata, anyone?

pro-ra·ta   /proʊˈreɪtə, -ˈrɑ-/ Show Spelled
[proh-rey-tuh, -rah-] Show IPA

–adjective
proportionately determined: a pro-rata share of income.

If you use Pro Series Basic I might not be able to help you. If you use Turbo Tax I might refuse to help you. All others, watch out! ;-)
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06/15/11 8:55am PDT

Yeah, well, it's a family limited partnership. The others whined about not having the money to pay the tax on the K-1 income, so daddy gave them distributions. Of course the CPA firm allocated the distributions pro-rata instead of where they actually went.

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Accountant Man
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06/15/11 9:03am PDT

Figures. I always try to convince my clients if the TPs are paying tax on the income held by the company that at the very least the company should give them the cash to pay that tax. It would be fair.

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Synergy Tax
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06/15/11 9:54am PDT

Here is what I found in Pub 541:

Abandoned or worthless partnership interest. A loss incurred from the abandonment or worthlessness of a partnership interest is an ordinary loss only if both of the following tests are met.

*The transaction is not a sale or exchange.
*The partner has not received an actual or deemed distribution from the partnership

This says the complete opposite of your opion.

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IRMN
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06/15/11 10:39am PDT

How is his answer the opposite?   AM said the remaining basis could be written off as a long term capital loss.  Wouldn't the opposite be no deduction?

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06/15/11 10:46am PDT

AM says it's a capital loss, Pub 541 says ordinary loss

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PhoebeRoberts
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06/15/11 12:51pm PDT

Reduction in liabilities (including nonrecourse debt) blows the "deemed distribution" test.

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06/15/11 6:27pm PDT

I guess I have to read Pub 541, but I think when you have a capital investment that becomes worthless you have a capital loss. I am not disputing the Pub, but something does not sound right.

And I agree with Phoebe.

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Something to consider.  If the K-1 reported distributions to your client I think the IRS would say his basis was reduced by those distributions and your client made gifts to his kids.

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