Abstract

http://ssrn.com/abstract=2132870
 


 



Sales Between a Partnership and Non-Partners


Douglas A. Kahn


University of Michigan Law School

August 20, 2012

Tax Notes, Vol. 136, p. 827, August 2012
U of Michigan Law & Econ Research Paper No. 12-016

Abstract:     
Section 267(a)(1) denies a deduction for losses recognized on sales between certain related parties. With one minor exception, that provision does not apply to sales between a partnership and another person. Nevertheless, Reg. 1.267(b-1(b) applies that provision to deny part or all of a loss recognized on a sale between a partnership and a person who is not a partner but who has constructive ownership of a partnership interest. The author maintains that an amendment made to another provision of the Code (section 707(b)) in 1986 invalidated that part of the regulation under section 267. The author also maintains that the 1986 amendment invalidated parts of temp. reg. 1.267(a)-2T(c).

Number of Pages in PDF File: 7

Keywords: partnership, non-partner, sales, related parties, regulation

JEL Classification: K1, K2, L5

Accepted Paper Series





Download This Paper

Date posted: August 21, 2012  

Suggested Citation

Kahn, Douglas A., Sales Between a Partnership and Non-Partners (August 20, 2012). Tax Notes, Vol. 136, p. 827, August 2012; U of Michigan Law & Econ Research Paper No. 12-016. Available at SSRN: http://ssrn.com/abstract=2132870

Contact Information

Douglas A. Kahn (Contact Author)
University of Michigan Law School ( email )
625 South State Street
Ann Arbor, MI 48109-1215
United States
734-647-4043 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 244
Downloads: 34

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.391 seconds