When high-basis property or excess cash is distributed from a partnership to a partner, the distribution will trigger an adjustment to the partnership's common basis in its remaining assets. This adjustment is intended to ensure that (1) gain recognized on the distribution will not be recognized...

In general, a partner's distributive share takes its characterization from the activities of the venture. Proposed section 710 will rechararterize as compensation the distributive share of any partner who contributes services to the partnership. It also recharacterizes as a sale certain...

Since codification of the economic substance doctrine in March of 2010, representatives of the Treasury department have assured taxpayers that no change in substantive law was intended, and the statutory language is relatively narrow. But courts have used the phrase “economic substance” for...

Section 704(c)(1)(A) governs the taxation of unrealized appreciation and loss in property contributed to a partnership. The principles underlying §704(c)(1)(A) also apply to property held by a partnership when additional property is contributed to the venture or existing property is distributed...

The law of cancellation of indebtedness has changed recently in ways good and bad. Homeowners facing foreclosure have been provided tax relief, as have corporations and others unable to pay their business loans. Creditors of partnerships, however, have learned that their bad-debt deduction must...

In this Article, three methods of exiting are partnership are examined. Each exit strategy offers significant tax advantages to the nonexiting partners. In two of the exit strategies, well-known defects in Subchapter K are exploited, and I conclude that the strategies cannot be attacked...

Now that the excitement over partnership carried interests temporarily has receded, it is worthwhile to identify where we are, how we got here, and where we are likely to end up. The issues raised by carried interests have been recognized and understood for decades, and generations of scholars...