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This reserve could be held in the trust for any contingent liabilities as they become due.A liquidating trust is a new legal entity that becomes successor to the liquidating fund.However, a partner generally must recognize gain on the distribution of property (other than money) if the partner contributed appreciated property during the 7-year period before the distribution.A partnership generally does not recognize gain or loss because of distributions it makes to partners.
Garth Puchert, Audit Partner of Eisner Amper's Financial Services Group, is primarily devoted to private equity funds, registered investment companies, investment advisors, mutual funds, hedge funds and broker-dealers in securities.
Such agreement provides for trustee duties, compensation of trustees, and governance as well as distributions and other administrative matters.
The liquidating trust normally has a lower cost structure than the existing fund and is managed on an "as needed" basis by the trustee as opposed to a full-time basis for the fund.
Also, if the time period is unreasonably prolonged, the status of the entity may change from a liquidating trust.
If a trust is created outside of Chapter 11 of the Bankruptcy Code, a private letter ruling may be requested if conditions of Revenue Procedure 82-58 are met.
Download PDF When "Liquidating Trust" is mentioned, most people associate this with bankruptcy.