G-5 Investment Partnership, H. Miles Investments, LLC, Tax Matters Partner, and Henry M. Greene and Julie M. Greene, Partners Other Than The Tax Matters Partner - Page 5




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          for judgment on the pleadings is proper only where the pleadings            
          do not raise a genuine issue of material fact and the moving                
          party is entitled to judgment as a matter of law.  Abrams v.                
          Commissioner, 82 T.C. 403, 408 (1984); Anthony v. Commissioner,             
          66 T.C. 367 (1976).  The record shows, and the parties agree,               
          that there is no genuine issue of material fact.                            
          B.   Background                                                             
               Section 6226 is one of a group of provisions concerning the            
          tax treatment of partnership items6 that was added to the Code by           
          the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA),               
          Pub. L. 97-248, sec. 402(a), 96 Stat. 648 (TEFRA partnership                
          provisions).  The TEFRA partnership provisions have been amended            
          since their enactment in 1982 and are now contained in sections             
          6221 through 6234.                                                          
               A taxpayer may seek judicial review of an FPAA by filing a             
          petition for readjustment of the partnership items with this                
          Court.  Sec. 6226.  The procedures under TEFRA parallel                     
          deficiency procedures in that notice (the FPAA), and the right to           
          petition this Court must generally be given before assessments              





               6 Partnership items are items required to be taken into                
          account for the partnership’s taxable year, to the extent                   
          regulations provide that such items are more appropriately                  
          determined at the partnership level than at the partner level.              
          Sec. 6231(a)(3); sec. 301.6231(a)(3)-1, Proced. & Admin. Regs.              





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