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affected items that require factual determinations at the partner
level. N.C.F. Energy Partners v. Commissioner, supra at 745.
Petitioner relies on 3 cases to support his position that an
NOL adjustment is an affected item that requires a determination
at the partner level: Harris v. Commissioner, 99 T.C. 121 (1992),
affd. 16 F.3d 75 (5th Cir. 1994); Maxwell v. Commissioner, 87
T.C. 783 (1986); and Durrett v. Commissioner, T.C. Memo. 1994-
179, affd. in part, revd. in part 71 F.3d 515 (5th Cir. 1996).
In contrast, respondent relies on Bob Hamric Chevrolet, Inc. v.
United States, 849 F. Supp. 500 (W.D. Tex. 1994), to support her
position that an NOL adjustment is properly treated as an
affected item subject to computational adjustment. Based on our
view of the cases cited by the parties, and in light of the
circumstances presented, we agree with respondent that the NOL
adjustments in question are properly treated as computational
adjustments that may be assessed without the issuance of an
affected items notice of deficiency.
In Maxwell v. Commissioner, supra at 790-791, we
characterized an investment tax credit (ITC) carryback as an
affected item on the ground that the existence or amount of the
carryback is dependent on or affected by a partnership item;
i.e., the amount of the partnership's ITC. Given the procedural
posture of that case, however, we were not required to (and did
not) decide whether the ITC carryback was an affected item
subject to a computational adjustment or an affected item
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