Foreign Partner Not Subject to U.S. Tax on Gain from Redemption of U.S. Partnership Interest

Volume 4 No 8    |    Read Article

By Neha Rastogi, Nina Krauthamer, and Elizabeth V. Zanet

Hurray! After three years, the U.S. Tax Court ruled that gain from the sale of a partnership interest or the receipt of a liquidating distribution by a retiring partner is not subject to U.S. income tax even though the partnership conducts business in the U.S. Neha Rastogi, Elizabeth V. Zanet, and Nina Krauthamer explain the reasoning behind the decision and the magnitude of the defeat for the I.R.S. Unless the case is reversed on appeal, the decision invalidates the I.R.S. position announced in Rev. Rul 91-32.    See more →