Partner Tom transferred property (basis of $20,000; fair market value of $50,000) to the TUV Partnership in exchange for a partnership interest. At a later date, when Tom's outside basis for his partnership interest was $70,000, Tom received a $50,000 cash distribution from the partnership. Which one of the following statements
is not true?
a. If the cash distribution occurred two months after the property contribution, the IRS may treat the transaction as a disguised sale.
b. If the transaction is treated as a disguised sale, Tom's basis in the partnership interest will be $20,000.
c. If Tom would have made the
property contribution anyway, even if he knew that the partnership would probably not have any cash to distribute to him, the IRS would not likely contend the transaction was a disguised sale.
d.If the IRS treated the transaction as a disguised sale, the partnership's basis in the property would be $50,000.
- A contribution and distribution are presumed to be a
- disguised sale if they occur within two years (choice a. is true). Conversely, if there is entrepreneurial risk related to the future distribution, the transaction is not generally treated as a disguised sale (choice c. is true).
- If a transaction is treated as a disguised sale, it is treated as a sale for all calculations: The partnership takes a cost ($50,000) basis in the property (choice d. is true).