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refund of $7,368 on their 1980 return for an unused investment
tax credit carryback from the 1983 tax year.
On September 5, 1989, respondent issued notices of final
partnership administrative adjustment to Barrister with respect
to the partnership returns filed by Series 162 for 1983 and 1984.
The tax matters partner of Series 162 petitioned this Court in
the case of Anderson Equip. Associates v. Commissioner, docket
No. 27745-89. A stipulated decision in that case was entered on
February 17, 1995.
Petitioners were not subject to the TEFRA proceeding because
they had previously filed, on February 28, 1992, a petition in
bankruptcy under chapter 7 in the U.S. Bankruptcy Court, Northern
District of California. Pursuant to section 6231(c)(2) and the
regulations thereunder, partnership items of a partner named as
the debtor in a bankruptcy proceeding shall be treated as
nonpartnership items as of the date the petition naming the
partner as debtor is filed in bankruptcy. Sec. 301.6231(c)-
7T(a), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6793
(Mar. 5, 1987). The effect of the conversion is to remove the
partner from the partnership proceeding and subject the converted
items to deficiency procedures applicable to the partner's
individual tax case. Computer Programs Lambda, Ltd. v.
Commissioner, 89 T.C. 198, 203 (1987).
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