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Tax Consideration in Partnership Agreements.

The Accounting Review 1965 40(4), 834-838
Abstract The code and regulations concerning partnership activities are among the most complex laws and rules in the field of taxation. The article focuses on the effects of the U.S. Internal Revenue Code while discussing the importance of the tax effects to be considered during the formulation of original partnership agreements and later timely modification thereof which can eliminate some inequities that might arise among partners. An agreement should be arrived at among partners as to the treatment of certain aspects of contributed property. If the agreement is silent as to the depreciation of the contributed property, the depreciation would be treated as if the property had been purchased by the partnership. Cash payments in liquidation of a partner's interest in a partnership or to successors in interest of a deceased partner's interest can raise some tax consequences. A distinction in the tax law between payments in liquidation of a partner's interest in partnership property and other liquidating payments should be carefully considered before an agreement is reached between a retiring partner and the remaining partners of the partnership.

ACCOUNTING FOR LEASEHOLDS.

The Accounting Review 1950 25(4), 417-419
Abstract This paper is written in criticism of the usual textbook treatment of the amortization of prepaid leaseholds. The usual treatment violates theory in atleast three aspects: (1) It violates the accounting convention by recording book interest on costs incurred. (2) It mismatches costs with revenue. (3) It results in an improper valuation of the prepaid lease for balance sheet purposes. The accounting convention that no interest should be considered earned and recorded as such on the equipment would seem to apply to the prepaid lease as well. The amount of any cost incurred is, fundamentally, the present value of future service. It is sometimes argued that since interest was a consideration in determining the amount to be prepaid, that interest should therefore be considered earned and recorded on the prepayment. It is also true that interest is or should be a consideration in the determination whether one should purchase or lease. It is further true that interest is a consideration in the determination of whether one should engage his money in a business. But, after the determination is made and the cost incurred for assets of a business, it does not follow that interest should be a consideration to be recorded in the books of account.