Sally is a 25% partner in the STUV partnership. She has a tax basis in her partnership
Question:
Sally is a 25% partner in the STUV partnership. She has a tax basis in her partnership interest of $300,000. Sally also owns some land and a small building that she would like to sell to the partnership. The property has a fair market value of $500,000. Sally purchased the building for $400,000, and after taking MACRS deductions, her tax basis in the building is $350,000.
Part 1
If Sally sells the property to the partnership, what are the tax consequences to Sally?
Sally’s lawyer, who has a basic understanding of tax law, suggests that Sally should contribute the building to the partnership, and subsequently take a distribution of $500,000 from the partnership. What are the tax consequences of this transaction?
Part 2
Do you think the lawyer’s advice will work? In reaching your conclusion please consult the Internal Revenue Code and any other primary authority.
Part 3
Prepare a memo explaining your reasoning in a clear concise manner citing appropriate primary authority.
Business Statistics A First Course
ISBN: 978-0321979018
7th edition
Authors: David M. Levine, Kathryn A. Szabat, David F. Stephan