Michael W. and Charlotte S. Phillips - Page 8

                                        - 8 -                                         
          1117 (4th Cir. 1977); Goldstone v. Commissioner, 65 T.C. 113                
          (1975).                                                                     
               Additional concerns are implicated where the taxpayer is a             
          partner and the item he seeks to change is an item that is more             
          appropriately determined at the partnership level.  Consistent              
          treatment of these “partnership items” for all partners is a                
          central principle of the TEFRA unified partnership audit and                
          litigation procedures.  See secs. 6221, 6222, 6227, 6231(a)(3);             
          H. Conf. Rept. 97-760, at 600-601 (1982), 1982-2 C.B. 600,                  
          662-663.  To help the Secretary monitor consistency and to                  
          facilitate coordination, the statute and regulations thereunder             
          establish specific procedures for changing the treatment of                 
          partnership items on a partner’s return.  Sec. 6227; secs.                  
          301.6227(b)-1T, 301.6227(c)-1T, Temporary Proced. & Admin. Regs.,           
          52 Fed. Reg. 6788 (Mar. 5, 1987).  As an express legislative                
          prescription, these procedures apparently supersede the                     
          discretionary administrative standards and case law governing the           
          acceptance of amended returns generally:  a partner’s treatment             
          of partnership items on his return may not be changed except in             
          accordance with these procedures.  Sec. 301.6221-1T(a), Temporary           
          Proced. & Admin. Regs., 52 Fed. Reg. 6781 (Mar. 5, 1987).                   
               Section 6227 provides that in order to change the treatment            
          of a partnership item on his return the partner must file a                 
          request for administrative adjustment (RAA).  Sec. 6227(a), (c).            
          The RAA is filed on Form 8082, Notice of Inconsistent Treatment             
          or Amended Return, together with the partner’s amended Federal              
          income tax return.  Sec. 301.6227(c)-1T, Temporary Proced.                  



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011