Katz v. Commissioner
United States Tax Court
P-H, a calendar year taxpayer, owned interests in several calendar year partnerships. P-H filed a bankruptcy petition on July 5, 1990. P-H included the portions of his distributive shares attributable to the period prior to his bankruptcy filing on his separately filed 1990 income tax return. The remainder of those distributive shares were reported by P-H's bankruptcy estate.
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P-H, a calendar year taxpayer, owned interests in several calendar year partnerships. P-H filed a bankruptcy petition on July 5, 1990. P-H included the portions of his distributive shares attributable to the period prior to his bankruptcy filing on his separately filed 1990 income tax return. The remainder of those distributive shares were reported by P-H's bankruptcy estate. HELD: The manner in which the distributive share of a partner in bankruptcy is allocated between the partner and the bankruptcy estate is not a "partnership item" under sec. 6231(a)(3), I.R.C. Accordingly, such…
1Opinion of the Court
OPINION
Vasquez, Judge:
This matter is presently before the Court on petitioners’ motion to dismiss for lack of jurisdiction. In the event petitioners’ motion to dismiss is not granted, the parties have filed cross-motions for summary judgment1 pursuant to Rule 121.2 As discussed below, we shall deny petitioners’ motion to dismiss and motion for summary judgment, and we shall grant summary judgment in favor of respondent.
Background
Petitioners resided in Boulder, Colorado, at the time their petition was filed in this case. The following summary of the relevant facts is based on the parties’…
2Cases cited8 opinions
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- GAF Corp. v. CommissionerUnited States Tax Court · 2000
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3Cited by13 opinions
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