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Abandonment of Partnership Interest due to Fraud (IRC S165)Chapter 7 no asset no liab

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    Abandonment of Partnership Interest due to Fraud (IRC S165)Chapter 7 no asset no liab

    My question pertains to the intersection of partnership tax law, partnership tax accounting, IRC S 165 "abandonment of de facto partnership interest due to fraud", and Chapter 7 no asset, no liability filing, filed prior to BK Reform Act (Chapter 7 filed 2/2005).

    On Schedule B was listed a 1/7th interest in a family limited partnership/de facto partnership - the valuation never determined or intentionally withheld from debtor due to family fight - the fight incurring legal fees that led to 1/7th partner being forced to file Chapter 7, with counterclaims for malpractice against attorneys who represented debtor in family fight.

    Debtor discharged, but case not closed. Debtor wants to file with IRS an amendment to tax return (even though BK case not yet closed) declaring that the 1/7th interest is being abandoned due to fraud (of other LP members, their attorneys, and accountants). We've demanded tax bases if the interest - no one complying.

    Has anyone seen this type of situation? Did the IRS accept the abandonment due to fraud amendment under S 165 without then requesting a full audit (keeping in mind Bk case not yet closed, although discharge occured for debtor). Are they any negative (and positive ramifications) to filing under S 165 for abandonment of the interest due to fraud.

    Comments based on experience welcomed and sought.

    #2
    you know you might want to post this on this site. There is a california attorney and actually several other attorney's who repond to questions there and they would have a better clue as to what to say. I am clueless. LOLOL

    Comment


      #3
      I don't believe anyone on this forum can answer this legal question for you as we don't give legal advice......

      You best contact a BK attorney, or Tax attorney and find out good, true information from them.....

      Good Luck
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment

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