20
Apr
The IRS recently released an internal memorandum concluding that typical 'bad boy guaranties' provided by a partner for partnership debt should be treated as a recourse liability of the guarantor for purposes of allocating the debt, and associated deductions, among the partners. That result could reduce the amount of depreciation deductions that would be allocable to the non-guarantor partners.
The memorandum was severely criticized in the tax community, as its conclusion was inconsistent with the way in which most practitioners...