Section 17. Resident partners  


Latest version.
  • --(a) Partner's modifications.--In determining
      city  adjusted  gross  income  and  city  taxable  income  of a resident
      partner, any modification described in subdivisions (b), (c) or  (d)  of
      section  twelve, subdivision (c) of section fifteen or paragraphs two or
      three of subdivision (d) of such section, 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.   Where a partner's
      distributive share of any such item is not required  to  be  taken  into
      account  separately  for  federal  income  tax  purposes,  the partner's
      distributive share of such item shall be determined in  accordance  with
      his  distributive share, for federal income tax purposes, of partnership
      taxable income or loss generally.
        (b) Character of items.--Each item of partnership income, gain,  loss,
      or  deduction  shall  have  the  same character for a partner under this
      local law as 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) City 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 principal
      purpose  of such provision is the avoidance or evasion of tax under this
      local law, the partner's  distributive  share  of  such  item,  and  any
      modification  required  with  respect thereto, shall be determined as if
      the partnership agreement made no special provision with respect to such
      item.