- 24 - provide that such an item is 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. The phrase "nonpartnership item" means an item which is not a partnership item. Sec. 6231(a)(4). The jurisdiction of this Court to readjust partnership items depends upon the mailing of a valid notice of FPAA by the Commissioner to the tax matters partner and the filing of a timely petition for readjustment by the tax matters partner or by a notice partner with an interest in the outcome. Sec. 6226(a) and (b); Rule 240(c); Seneca, Ltd. v. Commissioner, 92 T.C. 363, 365 (1989), affd. without published opinion 899 F.2d 1225 (9th Cir. 1990). The mailing of a valid notice of FPAA by the Commissioner to the tax matters partner triggers the time period for filing a petition for readjustment by either the tax matters partner or a notice partner under section 6226(a) and (b) and is a jurisdictional prerequisite to the commencement of a partnership action. Sec. 6226(a); Rule 240(c); Maxwell v. Commissioner, 87 T.C. 783, 788-789 (1986). The tax matters partner has 90 days after the Commissioner mails a valid notice of FPAA to the tax matters partner in which to file a petition for readjust- ment in this Court, in the District Court in which thePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011