Prop. Treas. Reg. § 1.1254-5 Special rules for partnerships and their partners.

Proposed 2014-11-03 · REG-151416-06 · 79 FR 65151 · Interprets § 1254 · Would amend § 1.1254-5

Par. 16. Section 1.1254-5 is amended by revising the introductory text of paragraph (b)(1) to read as follows:

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(b) Determination of gain treated as ordinary income under section 1254 upon the disposition of natural resource recapture property by a partnership —( 1 ) General rule. Upon a disposition of natural resource recapture property by a partnership, the amount treated as ordinary income under section 1254 is determined at the partner level. See also §§ 1.732-1(c)(2)(iii) and 1.755-1(c)(2)(iii) for rules governing the application of section 1254 to partnership property in certain situations. Each partner must recognize as ordinary income under section 1254 the lesser of—

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