The Clifton partnership, a calendar year partnership, incurs and pays the following costs during 20X1, its first taxable year:

The Clifton partnership, a calendar year partnership, incurs and pays the following costs during 20X1, its first taxable year:

ItemDate Paid
Legal fees for drafting the partnership agreement$14,000May 19, 20X1
Accounting fees to set up the books$9,000June 22, 20X1
Brokerage commissions to sell limited partnership interests$12,000July 13, 20X1

The Clifton partnership begins business on September 1, 20X1. If the Clifton partnership makes a proper election, what is the maximum total deduction which it may take for the above costs on its 20X1 partnership return?

  • a. $778
  • b. $5,400
  • c. $511
  • d. $5,667

The correct answer and explanation is:

The correct answer is: b. $5,400

Explanation:

The costs incurred by the Clifton Partnership fall into different categories for tax treatment purposes under IRC Section 709 (organizational and syndication costs) and IRC Section 195 (start-up costs).

  1. Legal fees for drafting the partnership agreement ($14,000):
    • This qualifies as an organizational cost because it is directly related to forming the partnership.
    • Under IRC Section 709, a partnership may deduct up to $5,000 of organizational costs in the first year, phased out dollar-for-dollar when total organizational expenses exceed $50,000.
    • The remaining balance must be amortized over 180 months (15 years).
  2. Accounting fees to set up the books ($9,000):
    • This also qualifies as an organizational cost and is grouped with the legal fees for the purpose of the $5,000 immediate deduction.
    • Since the total organizational costs are $14,000 + $9,000 = $23,000, the partnership can deduct $5,000 immediately, and the remaining $18,000 is amortized over 180 months.
    • Monthly amortization: $18,000 ÷ 180 = $100 per month.
    • Since the partnership starts business in September, it can deduct 4 months (September–December) = $400.
  3. Brokerage commissions for selling limited partnership interests ($12,000):
    • These are syndication costs, which must be capitalized and cannot be deducted or amortized.

Total Deduction for 20X1:

  • Immediate deduction: $5,000
  • Amortization (4 months of $100/month): $400
  • Total deduction = $5,400

Thus, the correct answer is b. $5,400.

I’ve provided the correct answer along with an explanation, and here’s the generated image of a professional office setting with financial documents and calculations. Let me know if you need any modifications!

Scroll to Top