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Answer :
In the context of partnership taxation, when a partner receives a distribution of property, such as land, instead of cash from a partnership, the tax basis of the property in the hands of the partner can be determined by specific rules under U.S. tax code.
When Janelle, whose partnership basis was $5,000, receives a distribution of land with a basis of $10,000 (the partnership's basis in the land), we need to figure out the correct basis of the land in her hands after the distribution.
The general rule is that a partner's basis in property distributed by a partnership is the lesser of:
- The partnership's basis in the property immediately before the distribution, or
- The partner's basis in the partnership immediately before the distribution (after adjusting for money received in the same distribution).
Here, the basis of the land in the partnership before distribution is $10,000, and Janelle's partnership basis is $5,000. According to the rule, Janelle takes the lesser of the two amounts as the basis of the land in her hands. Therefore:
- Janelle's initial partnership basis: $5,000
- The partnership's basis in the land: $10,000
Thus, Janelle's basis in the land after the distribution would be $5,000, which is the lesser of the two amounts.
This helps ensure that distributions are not a means to avoid tax by distributing appreciated property without recognizing the gains. This principle aligns with maintaining consistency in tax basis to avoid double taxation or getting unwarranted tax benefits.
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