David Purchased a 10% Capital and Profits Interest in a Partnership

question 88

Multiple Choice

David purchased a 10% capital and profits interest in a partnership this year. He does not participate in the partnership's business. David has no passive income in the current year. His distributive share of the partnership's loss is $40,000 for this year. David's Sec. 705 basis in the partnership is $32,000 and his at-risk basis is $16,000 at the end of the current year. How much of the loss can David deduct on his tax return?

• A)$0
• B)$16,000
• C)$32,000
• D)$40,000

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Definitions:

Forum Selection Clauses

Provisions in a contract that designate the specific court or jurisdiction where disputes will be resolved.

Service of Process

The procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.

In Rem Jurisdiction

A legal principle that allows a court to exercise jurisdiction over a particular piece of property, regardless of who owns the property or where the owner is located.

Counterclaim

A legal claim made in response to the plaintiff’s initial claim in a civil suit. Unlike a defense, the counterclaim is the defendant’s affirmative attempt to obtain legal relief; in effect, it states a cause of action entitling the defendant to such relief. Often, the counterclaim must arise out of the occurrence that forms the basis for the plaintiff’s claim.