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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 752 Treatment of certain liabilities us united_states_code code_section 26 INTERNAL REVENUE CODE 1 NORMAL TAXES AND SURTAXES 752 26 U.S.C. § 752 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s752 data/legal/raw/us/code/title-26/usc26.xml 3cd31b2105005f2d06f1a9a410e923e77e787aa9cb34a86d265370be1f6b7b61 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 caacf88a8354b610a1fa522bf4d146f56334361710b3790ecec89957619c9477 2026-07-04 official
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26 U.S.C. § 752 - Treatment of certain liabilities

Text

(a) Increase in partners liabilities Any increase in a partners share of the liabilities of a partnership, or any increase in a partners individual liabilities by reason of the assumption by such partner of partnership liabilities, shall be considered as a contribution of money by such partner to the partnership.

(b) Decrease in partners liabilities Any decrease in a partners share of the liabilities of a partnership, or any decrease in a partners individual liabilities by reason of the assumption by the partnership of such individual liabilities, shall be considered as a distribution of money to the partner by the partnership.

(c) Liability to which property is subject For purposes of this section, a liability to which property is subject shall, to the extent of the fair market value of such property, be considered as a liability of the owner of the property.

(d) Sale or exchange of an interest In the case of a sale or exchange of an interest in a partnership, liabilities shall be treated in the same manner as liabilities in connection with the sale or exchange of property not associated with partnerships.

(Aug. 16, 1954, ch. 736, 68A Stat. 251.)

Notes

Statutory Notes and Related Subsidiaries

Overruling of Raphan CasePub. L. 98369, div. A, title I, § 79, July 18, 1984, 98 Stat. 597, as amended by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “(a) General Rule.—Section 752 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (and the regulations prescribed thereunder) shall be applied without regard to the result reached in the case of Raphan vs the United States, 3 Cl. Ct. 457 (1983). “(b) Regulations.—In amending the regulations prescribed under section 752 of such Code to reflect subsection (a), the Secretary of the Treasury or his delegate shall prescribe regulations relating to liabilities, including the treatment of guarantees, assumptions, indemnity agreements, and similar arrangements.”