The Effect of Like-Kind Property on the Section 704(c) Anti-Mixing Bowl Rules
Bradley T. Borden
Brooklyn Law School
Douglas L. Longhofer
Ernst & Young LLP - Washington, D.C. Office
March 24, 2011
Tax Management Real Estate Journal, Vol. 27, p. 131, March 2011
Brooklyn Law School, Legal Studies Paper No. 226
Section 704(c)(2) provides an exception to the section 704(c)(1)(B) anti-mixing bowl rules. Commentators have observed that the section 704(c)(2) regulations appear to reach a result that is different from the one intended by the language of the statute. This article take a close look at the language of section 704(c)(2) and suggests that it is subject to multiple interpretations. Of those multiple interpretations, one that requires the partners to recast their original transaction to account for the basis of distributed like-kind property is the most reasonable. The results obtained using that interpretation are identical to the results in the section 704(c)(2) regulations. Thus, the article concludes that commentary on those regulations is generally incorrect.
Number of Pages in PDF File: 11
Keywords: like-kind property, partnership distribution, anti-mixing-bowl rules, section 704(c)
Date posted: March 28, 2011 ; Last revised: June 28, 2011
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