David Soward - Page 11

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          (1992)).  Thus, the Court does not have jurisdiction to consider            
          partnership items or affected items while a partnership                     
          proceeding is pending.  GAF Corp. & Subs. v. Commissioner, 114              
          T.C. at 528; Maxwell v. Commissioner, supra at 788.                         
               Petitioner acknowledges that, pursuant to section 6226, “the           
          Court does not have jurisdiction over disputes regarding                    
          ‘partnership items’ and ‘affected items’ as those terms are                 
          defined by * * * [section] 6231(a).”  Petitioner then states that           
          “there has been no determination supporting Respondent’s                    
          allegation that all of the items at issue in the case at bar are            
          such partnership or partnership affected items”, but he has                 
          provided neither reason nor authority to conclude that any items            
          in the notice of deficiency are nonpartnership items or are not             
          affected items requiring partnership-level determinations.  The             
          adjustments made in the notice of deficiency, as quoted above,              
          are all attributable to adjustments to partnership items or are             
          affected items, such as miscellaneous itemized deductions that              
          are deductible only to the extent that they exceed a percentage             
          of petitioner’s adjusted gross income.  See sec. 67(a).                     
          Petitioner claims that dismissal of this case at this time “would           
          subject Petitioner to the possibility of immediate collection               
          action without a prior adjudicative hearing.”  However,                     
          respondent has conceded, and we hold, that the notice of                    







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