Robert J. Goldberg and Bradley A. Morgan - Page 7




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               the Secretary provide that, for purposes of this                       
               subtitle, such item is more appropriately determined at                
               the partnership level than at the partner level.                       
          If the tax treatment of a partnership item is at issue, the                 
          statute generally requires the matter to be resolved at the                 
          partnership level.  Sec. 6221; Maxwell v. Commissioner, supra at            
          787-788.  Further, deficiencies attributable to “affected items”            
          may not be assessed until the related partnership proceeding is             
          completed.  See sec. 6225(a); GAF Corp. & Subs. v. Commissioner,            
          114 T.C. 519, 525 (2000).  An affected item is “any item to the             
          extent such item is affected by a partnership item.”  Sec.                  
          6231(a)(5).  An affected item is peculiar to a partner’s own tax            
          posture.  Maxwell v. Commissioner, supra at 790.                            
               Respondent asserts that all the adjustments in the notice of           
          deficiency consist of affected items that depend on partnership-            
          level determinations.  Respondent asserts that the adjustments in           
          the notice of deficiency relating to petitioners’ share of the              
          partnership loss is a partnership item under section                        
          301.6231(a)(3)-1(a)(1)(i), Proced. & Admin. Regs.  Respondent               
          further argues that adjustment for the amount of loss petitioners           
          sustained for their sale of securities depends on a determination           
          of petitioners’ basis in Alameda, which petitioners used to                 
          compute their basis in the securities under section 732(b).                 
          Under section 301.6231(a)(5)-1(b), Proced. & Admin. Regs., the              
          basis of a partner’s interest in a partnership is an affected               







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