Victor & Judith A. Grigoraci - Page 3

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          personal service income and were subject to self-employment tax.            
          Petitioners duly petitioned this Court to redetermine the                   
          determined deficiencies in their 1997 and 1998 income taxes.                
               Before the scheduled trial in the instant case, this Court             
          issued its decision in Grigoraci v. Commissioner, T.C. Memo.                
          2002-202 (Grigoraci I), involving similar issues relating to                
          petitioners’ 1996 taxable year.2  In Grigoraci I, this Court                
          concluded, among other things, that the self-employment tax                 
          determined by respondent, insofar as it was attributable to self-           
          employment tax on the S corporation’s distributive share of                 
          GTWP’s income, was an “affected item” requiring a “partner-level            
          determination” pursuant to section 6230(a)(2).  Because the                 
          notice of deficiency in Grigoraci I was issued before the close             
          of the partnership proceedings, this Court dismissed for lack of            
          jurisdiction so much of petitioners’ case as related to that                
          affected item.3  Id.                                                        

               2 The trial in Grigoraci I took place in April 2001 before             
          petitioners filed their petition in the instant case, which                 
          apparently explains why the instant case was not consolidated               
          with the three dockets that were consolidated in Grigoraci I.               
               3 In Grigoraci I, unlike the instant case, the deficiency              
          determined by respondent was also partly attributable to self-              
          employment tax on wages that the S corporation had reported                 
          paying to Mr. Grigoraci.  In Grigoraci I, this Court held that              
          this discrete portion of the deficiency was not attributable to             
          an “affected item” and that consequently this Court had                     
          jurisdiction to review it pursuant to sec. 6213.  This Court held           

                                                             (continued...)           





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