26 U.S.C. § 701
Partners, not partnership, subject to tax
A partnership as such shall not be subject to the income tax imposed by this chapter. Persons carrying on business as partners shall be liable for income tax only in their separate or individual capacities.
Notes of Decisions
Cited in 124
cases (10 in the last 5 years), 1960–2025 · leading case: In Re Allcat Claims Serv., L.P. & John Weakly, 356 S.W.3d 455 (Tex. 2011).
In Re Allcat Claims Serv., L.P. & John Weakly, 356 S.W.3d 455 (Tex. 2011). “See 26 U.S.C. § 701 (“A partnership as such shall not be subject to the income tax imposed by this chapter.”
Daniel Marx v. Richard L. Morris, 925 N.W.2d 112 (Wis. 2019). “20 26 U.S.C. § 701 (2016). 21 "Instead, the LLC's gains, losses, income, deductions, and credits will pass through to the members and be allocated among the members in proportion to their interests in the LLC.”
TRQ Captain's Landing L.P. v. Galveston Cent. Appraisal Dist., 212 S.W.3d 726 (Tex. App. 2006). “See 126 U.S.C. § 701 , et seq. As we read the statute, it would be inconsistent with the intent of the Legislature to interpret section 11.”
Adams v. Adams, 945 N.E.2d 844 (Mass. 2011). “" 26 U.S.C. § 701 (2006). In determining a partner's income tax, the partner must individually account for statutorily enumerated items, such as partnership income, gains, and losses that, in total, make up his or her "distributive share of the partnership[].”
DJB Holding Corp. v. Comm'r, 803 F.3d 1014 (9th Cir. 2015). “Another consequence of the arrangement was that WB Partners’ income would escape taxation until the Plans distributed benefits: WB Partners, DJB, and GSW are all “pass-through” entities, 26 U.S.C. §§ 701 , 1363(a), 1366(a)-(c), and valid employee stock ownership plans are tax…”
Duffie v. United States, 600 F.3d 362 (5th Cir. 2010). “26 U.S.C. § 701 . Instead, a partnership is treated as a conduit through which income passes to its partners, who are responsible for reporting their pro rata share of tax on their individual income tax returns.”
United States v. Woods, 134 S. Ct. 557 (2013). “A partnership must report its tax items on an information return, § 6031(a), and the partners must report their distributive shares of the partnership's tax items on their own individual returns, §§ 702, 704. Before 1982, the IRS had no way of correcting errors on a…”
Bellis v. United States, 417 U.S. 85 (1974). “Internal Revenue Code §§ 701, 702, 26 U. S. C. §§ 701 , 702. The majority refers to large law firms or brokerage houses as examples of partnerships which take on the characteristics of independent entities in the manner of corporations.”
Donahue v. Rodd Electrotype Co. of New England, Inc., 328 N.E.2d 505 (Mass. 1975). “See 26 U.S.C. § 701 (1970). [13] The original owners commonly impose restrictions on transfers of stock designed to prevent outsiders who are unacceptable to the other stockholders from acquiring an interest in the close corporation.”
Petaluma FX Partners, LLC v. Comm'r of Internal Revenue Serv., 591 F.3d 649 (D.C. Cir. 2010). “26 U.S.C. §§ 701 , 6031(a); Treas. Reg. § 301.”
Mellow Partners, A P'ship v. Cmsnr. IRS, 890 F.3d 1070 (D.C. Cir. 2018). “26 U.S.C. § 701 (2012). "A partnership's taxable income and losses instead pass through to the partners, who report their shares of partnership income or losses on their individual federal income tax returns.”
Weiner v. United States, 389 F.3d 152 (5th Cir. 2004). “; see also 26 U.S.C. § 701 . TEFRA requires the treatment of all partnership items to be determined at the partnership level.”
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