(1) In determining the federal taxable income of a resident partner for Colorado income tax purposes, any modification described in section 39-22104 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.
Each item of partnership income, gain, loss, deduction, or credit shall have the samecharacter for a partner under this article as for federal income tax purposes.
Where a partner's distributive share of an item of partnership income, gain, loss,deduction, or credit is determined for federal income tax purposes by special provision of 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 article, 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.
Source: L. 64: R&RE, p. 766, § 1. C.R.S. 1963: § 138-1-26. L. 87: (1) amended, p.
1437, § 4, effective June 22.