2007 Minnesota Statutes

290.311 PARTNERSHIP GROSS INCOME.
    Subdivision 1. Partners. (a) Partner's modifications. In determining gross income and
Minnesota taxable income of a partner, any modification described in section 290.01, subdivisions
19 to 19f , which relates to an item of partnership income, gain, loss or deduction shall be made
in accordance with the partner's distributive share, for federal income tax purposes, of the item
to which the modification relates.
(b) Character of items. Each item of partnership income, gain, loss, or deduction shall
have the same character for a partner under this section which it has for federal income tax
purposes. Where an item is not characterized for federal income tax purposes, it shall have the
same character for a partner as if realized directly from the source from which realized by the
partnership, or incurred in the same manner as incurred by the partnership.
(c) Minnesota tax avoidance or evasion. Where a partner's distributive share of an item of
partnership income, gain, loss or deduction is determined for federal income tax purposes by
special provision in the partnership agreement with respect to such item, and where the effect of
such provision is the avoidance or evasion of tax under this section, the partner's distributive share
of such item, and any modifications required with respect thereto shall be determined as if the
partnership agreement made no special provision with respect to such item.
    Subd. 2.[Repealed, 1984 c 514 art 2 s 36]
History: Ex1961 c 51 s 2; 1965 c 51 s 61; 1980 c 419 s 18,19; 1984 c 514 art 2 s 26;
1989 c 28 s 18