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iheartpeter
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Posted: 16 Jan 2010 at 19:40 | IP Logged  

Wiley 2010 Question #7 (Partnership Taxation Chapter)

The holding period of property acquired by a partnership as a contribution to the contributing partner's capital account:

a. begins with the date of contribution to the partnership

b. includes the period during which the property was held by the contributing partner.

c. is equal to the contributing partner's holding period prior to contribution to the partnership.

d. depends on the character of the property transferred.

 

The correct answer is B.  However, I thought it was D because Becker says that the holding period depends on whether the asset is capital or an ordinary income asset.



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iheartpeter
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Posted: 18 Jan 2010 at 20:21 | IP Logged  

Anyone?

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amndchr2
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Posted: 18 Jan 2010 at 20:31 | IP Logged  

The holding period of the partner's interest includes the holding period of contributed capital and sec. 1231 assets.  If the interest was received in exchange for ordinary income property or services, the holding period starts the day following the exchange.  The partnership's holding period in contributed property includes the partner's holding period, even if the partner recognized the gain.  I hope this helps :)
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iheartpeter
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Posted: 18 Jan 2010 at 21:03 | IP Logged  

amndchr2 wrote:
The holding period of the partner's interest includes the holding period of contributed capital and sec. 1231 assets.  If the interest was received in exchange for ordinary income property or services, the holding period starts the day following the exchange.  The partnership's holding period in contributed property includes the partner's holding period, even if the partner recognized the gain.  I hope this helps :)

Yes, I understand that.  However, Becker states that the holding period depends on the type of property contributed - capital/1231, then holding period includes partner's holding period; ordinary income items, then the holding period start at the date of contribution.  Why isn't the correct answer D for this question? Did Wiley make a mistake?



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FAR: 80 (May 2010)

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EAK5455
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Posted: 18 Jan 2010 at 22:14 | IP Logged  

The wiley question should really start with "Generally" because they are asking for the most common general rule applicable to the holding
period of contributed property. The only property I can think of that would avoid the general rule is a contribution of inventory,
receivables, rights to royalties or patents.... things like that.   Generally speaking, parternship interests get created with cash money
or capital / Sec. 1231 assets.
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