Tom and Rick plan to form T & S Investments, a general partnership, to remodel and operate
Question:
Tom and Rick plan to form T & S Investments, a general partnership, to remodel and operate a small shopping mall in a building that is owned by Rick. They have agreed that Tom will contribute $50,000 cash for a 50% interest. For the other 50% interest, Rick intends to contribute the building and land, which has a FMV of $180,000 (building $150,000 and land $30,000) and is subject to a fully recourse mortgage liability of $130,000 incurred to purchase the building. Rick’s depreciated basis in the building is $46,400 and accumulated depreciation prior to the building’s contribution is $63,600. The building and land were purchased on June 5, 1995 for $123,600 (building $110,000 and land $13,600).
- Will Rick’s contribution of property subject to a liability exceeding the basis of the property qualify for non-recognition treatment?
- What is the partnership’s basis in the property?
- What is Rick’s basis in his partnership interest?
- What is Tom’s basis in his partnership interest?
South Western Federal Taxation 2015
ISBN: 9781305310810
38th edition
Authors: William H. Hoffman, William A. Raabe, David M. Maloney, James C. Young