Jose, Mahlon, and Eric are partners in New Communications Partnership. Jose owns a 50% interest, Mahlon owns a 35% interest, and Eric owns a 15% interest. During the current year (the first year of operation for the enterprise), the business has a loss. Although the partnership is established as a general partnership, Jose functions as the manager and performs all of the day-to-day duties of a chief operating officer. Mahlon and Eric are merely investors who receive monthly reports about the business. At the close of the current tax year, each partner will receive a share of the partnership loss. Which of the partners will be able to deduct his (their) share of the partnership loss?
I.Jose
II.Mahlon
III.Eric

A)Mahlon
B)Jose, Mahlon, and Eric
C)Jose
D)Jose and Mahlon
E)Mahlon and Eric

Question

Jose, Mahlon, and Eric are partners in New Communications Partnership. Jose owns a 50% interest, Mahlon owns a 35% interest, and Eric owns a 15% interest. During the current year (the first year of operation for the enterprise), the business has a loss. Although the partnership is established as a general partnership, Jose functions as the manager and performs all of the day-to-day duties of a chief operating officer. Mahlon and Eric are merely investors who receive monthly reports about the business. At the close of the current tax year, each partner will receive a share of the partnership loss. Which of the partners will be able to deduct his (their) share of the partnership loss?
I.Jose
II.Mahlon
III.Eric
​
A)Mahlon
B)Jose, Mahlon, and Eric
C)Jose
D)Jose and Mahlon
E)Mahlon and Eric

Quizplus · Accepted Answer

Jose can deduct his share of the partnership loss because he is actively involved in the business as the manager, which allows him to meet the material participation requirement for deducting losses. Mahlon and Eric, being passive investors, may not be able to deduct the loss unless they have other passive income to offset it.

Jose, Mahlon, and Eric Are Partners in New Communications Partnership