Liquidation of Family Partnerships

Samuel A. Donaldson (Associate Professor of Law & Director, Graduate Program in Taxation, University of Washington School of Law) has recently released his article entitled Liquidation of the Family Partnership: The Taming of the Shrewd.

Here is the abstract of his article as published on SSRN:

Family partnerships and family limited liability companies are typically formed for reasons of efficiency, succession, and valuation. But all good things come to an end.

Owners of a family partnership opt for liquidation in a variety of situations, usually following the death of the founding owner(s). Although most practitioners recall that the liquidation of a partnership is not a taxable event, few remember that as many as three Code provisions can come into play upon the liquidation of a family partnership. This article reviews those potential income tax traps and uses two examples to illustrate their coordination and application in a typical setting.