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partnership formation and which tax return to file

jgcpa
Level 4

An existing Ltd Partnership ( Texas) has been filing a 1065. The partners are the Individual and a single member LLC. The single member is the same Individual. Is this a legal partnership? Is this a partnership in the eyes of the IRS?  Previously a 1065 was filed. For 2019, with the revised 1065, the member of the DE shows as a partner on the 1065 k-1 and the individual shows on the other k-1. To restate, both K-1s show the same individual as a  partner in box E/F, but one of those k-1s also lists the DE name and TIN in H2.

What do you suggest? Continue filing a 1065 for 2019 with the pass-through income? of file a Zero return 1065, with a note that all income is on the personal return?

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