Peter D. Adkison - Page 13




                                       - 13 -                                         
          The Affected Items Notice of Deficiency                                     
               The Court’s jurisdiction to redetermine a deficiency                   
          attributable to an affected item is dependent upon a valid                  
          (affected items) notice of deficiency and a timely filed                    
          petition.  Crowell v. Commissioner, 102 T.C. at 694.  The record            
          reflects, and the parties agree, that the adjustments set forth             
          in the notice of deficiency are attributable to adjustments to              
          partnership items.  Those partnership items are the subject of              
          the partnership-level proceeding that is pending before the                 
          District Court.  Under the circumstances, it follows that the               
          notice of deficiency is invalid, and it is insufficient to permit           
          petitioners to invoke the Court’s jurisdiction to redetermine a             
          deficiency under section 6213(a).  GAF Corp. & Subs. v.                     
          Commissioner, 114 T.C. at 528; Maxwell v. Commissioner, 87 T.C.             
          at 788, 793.                                                                
          Section 6015                                                                
               Although petitioner may not invoke the Court’s jurisdiction            
          under section 6213(a), the petition includes allegations that               
          petitioner is entitled to relief from joint and several liability           
          on a joint return under section 6015.  Respondent maintains that            
          the Court lacks jurisdiction to review petitioner’s claim for               
          relief under section 6015 because (1) the notice of deficiency              
          upon which the petition is based is invalid and (2) petitioner’s            
          entitlement to relief under section 6015 is an affected item that           







Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 10, 2007