§ 705. Determination of basis of partner’s interest

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(a)General rule The adjusted basis of a partner’s interest in a partnership shall, except as provided in subsection (b), be the basis of such interest determined under section 722 (relating to contributions to a partnership) or section 742 (relating to transfers of partnership interests)—

(1)increased by the sum of his distributive share for the taxable year and prior taxable years of—

(A)taxable income of the partnership as determined under section 703(a),

(B)income of the partnership exempt from tax under this title, and

(C)the excess of the deductions for depletion over the basis of the property subject to depletion;

(2)decreased (but not below zero) by distributions by the partnership as provided in section 733 and by the sum of his distributive share for the taxable year and prior taxable years of—

(A)losses of the partnership, and

(B)expenditures of the partnership not deductible in computing its taxable income and not properly chargeable to capital account; and

(3)decreased (but not below zero) by the amount of the partner’s deduction for depletion for any partnership oil and gas property to the extent such deduction does not exceed the proportionate share of the adjusted basis of such property allocated to such partner under section 613A(c)(7)(D).

(b)Alternative rule The Secretary shall prescribe by regulations the circumstances under which the adjusted basis of a partner’s interest in a partnership may be determined by reference to his proportionate share of the adjusted basis of partnership property upon a termination of the partnership.

(Aug. 16, 1954, ch. 736, 68A Stat. 242; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), title XXI, § 2115(c)(3), Oct. 4, 1976, 90 Stat. 1834, 1909; Pub. L. 98–369, div. A, title VII, § 722(e)(1), July 18, 1984, 98 Stat. 974.)

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U.S. Code

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U.S. Code

Limitations on percentage depletion in case of oil and gas wells
§ 613A

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Aug. 16, 1954, ch. 736
68A Stat. 242
Pub. L. 94–455, title XIX, § 1906(b)(13)(A)
90 Stat. 1834
Pub. L. 98–369, div. A, title VII, § 722(e)(1)
98 Stat. 974
Pub. L. 98–369
Pub. L. 94–455, § 2115(c)(3)
Pub. L. 94–455, § 1906(b)(13)(A)
Pub. L. 98–369, div. A, title VII, § 722(e)(3)(A)
section 2115(c)(3) of Pub. L. 94–455
section 2115(f) of Pub. L. 94–455

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§ 705

Determination of basis of partner’s interest

U.S.C.×5

Stat.×3

Fed. Reg.×2

U.S.C.§ 613A

ActAug. 16, 1954, ch. 736

Stat.68A Stat. 242

Pub. L.Pub. L. 94–455, title XIX, § 1906(b)(13)(A)

Stat.90 Stat. 1834

Pub. L.Pub. L. 98–369, div. A, title VII, § 722(e)(1)

Cites 13 · showing 6Cited by 10 across 3 sources