Bhupindar S. and Rajinder K. Dhillon - Page 10




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          50-percent interest in partnership profits, losses, and capital,            
          petitioners' distributive share of Executive Inn's ordinary                 
          income was 50 percent for both 1994 and 1995, $24,387 ($24,386.50           
          rounded to the nearest dollar) and $62,141, respectively.                   
          Executive Inn has therefore satisfied the "same share"                      
          requirement of section 6231(a)(1)(B)(i)(II).                                
               Based on the foregoing, we hold that Executive Inn falls               
          within the small partnership exception under section                        
          6231(a)(1)(B)(i), and is therefore not covered by the TEFRA                 
          partnership procedures.  Accordingly, the extended time period              
          for filing a petition for redetermination under section                     
          6226(b)(1) of the TEFRA partnership procedures does not apply in            
          this case.                                                                  
               Petitioners argue that Congress could not have intended that           
          the small partnership exception would apply under these                     
          circumstances.  According to petitioners, respondent is abusing             
          the small partnership exception by using it as an excuse to                 
          abandon a complex "partnership level examination and then to                
          issue a deficiency notice at the partner level (i.e., effectively           
          limiting challenge to the 'modifications' of partnership                    
          income)".  We disagree.  Section 6231(a)(1)(B) simply codifies              
          Congress' intent to exempt simple partnerships, like Executive              
          Inn, from the TEFRA partnership procedures.  See McKnight v.                
          Commissioner, 99 T.C. at 185; H. Conf. Rept. 97-760 (1982), 1982-           





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