§742 — Basis of transferee partner’s interest
41 citing cases
Statute Text — 26 U.S.C. §742
The basis of an interest in a partnership acquired other than by contribution shall be determined under part II of subchapter O (sec. 1011 and following).
Treasury Regulations
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Treas. Reg. §1.742-1Basis of transferee partner's interest
(a) In general. The basis to a transferee partner of an interest in a partnership shall be determined under the general basis rules for property provided by part II (section 1011 and following), Subchapter O, Chapter 1 of the Internal Revenue Code. Thus, the basis of a purchased interest will be its cost. Generally, the basis of a partnership interest acquired from a decedent is the fair market value of the interest at the date of his death or at the alternate valuation date, increased by his estate's or other successor's share of partnership liabilities, if any, on that date, and reduced to the extent that such value is attributable to items constituting income in respect of a decedent (see section 753 and §§ 1.706-1(c)(3)(v) and 1.753-1(b)) under section 691. See section 1014(c). However, the basis of a partnership interest acquired from a decedent is determined under section 1022 if the decedent died in 2010 and the decedent's executor elected to have section 1022 apply to the decedent's estate. For basis of contributing partner's interest, see section 722. The basis so determined is then subject to the adjustments provided in section 705.
(b) Effective/applicability date. This section applies on and after January 19, 2017. For rules before January 19, 2017, see § 1.742-1 as contained in 26 CFR part 1 revised as of April 1, 2016.
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Treas. Reg. §1.742-1(a)In general.
In general. The basis to a transferee partner of an interest in a partnership shall be determined under the general basis rules for property provided by part II (section 1011 and following), Subchapter O, Chapter 1 of the Internal Revenue Code. Thus, the basis of a purchased interest will be its cost. Generally, the basis of a partnership interest acquired from a decedent is the fair market value of the interest at the date of his death or at the alternate valuation date, increased by his estate's or other successor's share of partnership liabilities, if any, on that date, and reduced to the extent that such value is attributable to items constituting income in respect of a decedent (see section 753 and §§ 1.706-1(c)(3)(v) and 1.753-1(b)) under section 691. See section 1014(c). However, the basis of a partnership interest acquired from a decedent is determined under section 1022 if the decedent died in 2010 and the decedent's executor elected to have section 1022 apply to the decedent's estate. For basis of contributing partner's interest, see section 722. The basis so determined is then subject to the adjustments provided in section 705.
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Treas. Reg. §1.742-1(b)Effective/applicability date.
Effective/applicability date. This section applies on and after January 19, 2017. For rules before January 19, 2017, see § 1.742-1 as contained in 26 CFR part 1 revised as of April 1, 2016.
41 Citing Cases
It provides that the adjusted basis of a partner’s interest shall be the basis determined under section 722 or section 742, increased or decreased by certain amounts (including the partner’s distributive share of partnership income and losses).
§§ 705(a)(2), 733; see also Treas.
Alternatively, section 742 provides that the “basis of an interest in a partnership acquired other than by contribution shall be determined under part II of subchapter O (sec.
The adjusted basis ofa partner's interest in a partnership is determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers ofpartnership interests) increased by his distributive share ofpartnership taxable income (plus any exempt income and excess depletion deductions).
The adjusted basis ofa partner's interest in a partnership is determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers ofpartnership interests) increased by his distributive share ofpartnership taxable income (plus any exempt income and excess depletion deductions).
Petitioners characterize Steven's payments as "acquisition costs" and con- tend that they generate basis under section 742, which provides that "[t]he basis of an interest in a partnership acquired other than by contribution" shall be deter- mined under the Code's general basis rules.
The adjusted basis ofa partner's interest in a partnership is determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers ofpartnership interests) increased by his distributive share ofpartnership taxable income (plus any exempt income and excess depletion deductions).
In relevant part, section 705(a) provides that the adjusted basis ofa partner's interest in a partnership is his original basis as determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers ofpartnership interests) increased by (1) the amount of money and his basis in property subsequently contributed to the partnership and (2) his distributable share ofthe income ofthe partnership and decreased (but not below zero) by (1) the amount ofmoney a
In relevant part, section 705(a) provides that the adjusted basis of a partner’s interest in a partnership is his original basis as determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers of partnership interests) increased by (1) the amount of money and his basis in property subsequently contributed to the partnership and (2) his distributable share of the income of the partnership and decreased (but not below zero) by (1) the amount of mo
Section 722 provides that the basis of an interest in a F .
742 provides: “The basis of an interest in a partnership acquired other than by contribution shall be determined under part II of subchapter O (sec. 1011 and following).” In general, the basis of property acquired by gift is the same as it was in the hands of the donor. Sec. 1015. For purposes of determining loss, however, if that basis is gre
rn for the 1995 tax year, in the case of qualifying children born after Oct. 1, 1995. For a return for the 1996 tax year, the requirement is waived for qualifying children born after Nov. 30, 1996. See Uruguay Round Agreements Act, Pub. L. 103-465, sec. 742(c)(2), 108 Stat. 5010 (1994). - 8 - Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 6021(b)(3), 112 Stat. 823. As part of this amendment, section 32(c)(3)(A)(iv) was stricken from the statute. In addition to ame
a tax return has significantly reduced the improper claiming of dependents. Requiring that TIN’s be supplied regardless of the age of the dependent will further reduce the improper claiming of dependents. [H. Rept. 103-826, at 196 (1994) (discussing sec. 742(b) of the Uruguay Round Agreements Act, Pub. L. 103-465, 108 Stat. 4809, 5010 (1994)).] The use of SSN’s also helps ensure that there is indeed a person in existence to support the claimed exemption. See U.S. General Accounting Office, Tax A
742 (Basis of Transferee Partner’s Interest), sec. 743 (Optional Adjustment to Basis of Partnership Property). Outside of subchapter K, whether the aggregate or the entity approach is to be applied depends upon which approach more appropriately serves the Code provision at issue. See Holiday Village Shopping Ctr. v. United States, 773 F.2d 276
rn for the year. See Miller v. Commissioner, supra at ___ (slip op. at 9-10). Congress acknowledged this benefit in 1994, when it eliminated an exception to the TIN requirement. See sec. 6109 as amended by Uruguay Round Agreements, Pub. L. 103-465, sec. 742, 108 Stat. 5010 (1994). The House report discussing this section states: The requirement that TIN’s be provided with respect to each dependent claimed on a tax return has signi- ficantly reduced the improper claiming of dependents. Requiring
742 (Basis of Transferee Partner’s Interest) and sec. 743 (Optional Adjustment to Basis of Partnership Property). Outside of subchapter K, whether the aggregate or the entity approach is to be applied depends upon which approach more appropriately serves the Code provision at issue. See Holiday Village Shopping Ctr. v. United States, 773 F.2d
- 7 - In 1993, section 742.30(C) was added to the Ohio Revised Code which provided: (C) The board of trustees of the police and firemen's disability and pension fund may enter into an agreement with a municipal corporation for a single payment by the municipal corporation of the employer's accrued liability.