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Subject Topic: Partnership recognition of LTCL (Topic Closed Topic Closed) Post ReplyPost New Topic
  
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lauritta
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Joined: 02 Jan 2011
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Posted: 20 Jan 2012 at 17:53 | IP Logged  

I wanted to share this question. I found it interesting. I assumed they are parners with 50% ownership - so no loss is allowed. But the answer is totaly different. Does anybody have any thoughts?

Doris and Lydia are equal partners in the capital and profits of Agee & Nolan, but are otherwise unrelated.  The following information pertains to 300 shares of Mast Corp. stock sold by Lydia to Agee & Nolan:

Year of purchase

  2008

Year of sale

  2010

Basis (cost)

$9,000

Sales price (equal to fair market value)

$4,000

The amount of long-term capital loss that Lydia recognized in 2010 on the sale of this stock was

 A. $5,000

Answer A is correct.  Although gains and losses incurred in sales transactions between a partnership and its partners are generally recognized, a loss is disallowed if incurred in a transaction between a partnership and a partner owning (directly or constructively) more than a 50% capital or profits interest. Since Lydia's partnership interest does not exceed 50%, she realizes and recognizes a long-term capital loss of $9,000 – $4,000 = $5,000 from the sale of stock.



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Holly
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Posted: 20 Jan 2012 at 23:25 | IP Logged  

interesting.  thanks for posting it. 
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CPA#1
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Posted: 30 Jan 2012 at 13:08 | IP Logged  

No loss is allowed for a MORE THAN 50% partner. Lydia's interest is exactly 50%, not more than 50%. Tricky tricky tricky question!!

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