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Callaway Real Estate Limited Partnership: Case Study

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The Callaway Real Estate Limited Partnership was formed on January 1, 2015. Their business consists of purchasing, constructing, and managing residential real estate. Currently, Callaway is under the accrual method of accounting and has a calendar year end. Under the partnership agreement, Callaway has one general partner, Tambour Properties Inc., who provides all staff and services. In return, Tambour receives an annual management fee of 5% of gross rental income earned by the partnership. The other 95% of partnership taxable income is allocated to the limited partners based on their percentages specified in the partnership agreement. The partnership agreement also specifies that partners' capital accounts are determined and maintained by Section 704(b) regulations, and that as general partner Tambour must restore any deficit balance in their capital account upon liquidation …show more content…

(2) Is the management fee paid to the general partner, Tambour, treated as a guaranteed payment or part of their distributive share? (3) What amount of loss is allocable to the limited partner, Dr. Ashin, in this taxable year? (4) Of the allocable amount, how much is deductible and are there any limits on how much she can deduct this year? (1) The payment is equal to 5% of gross rental income earned by the partnership, which is earned regardless of the overall net income of the partnership for the year. (2) Since the management fee is based on gross rentals regardless of the net income of the partnership, it should be treated as a guaranteed payment to Tambour under IRC §707(c). (3) Of the net taxable loss for the year of the partnership, $292,324 is allocable to Samantha. (4) Based on the allocable amount, Dr. Ashin is limited by her adjusted basis of $125,000 under IRC §704(d), and is limited to a deduction of $13,200 based on passive activity limitations under IRC

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