Dakotah Hills Offices Limited Partnership, An Arizona Limited Partnership, William M. and Dianne B. Stephens, Tax Matters Partners, et al. - Page 26

                                       - 26 -                                         
                  The focus of petitioners’ legal analysis is on section              
             301.6231(a)(3)-1(a)(4), Proced. & Admin. Regs., and the                  
             illustration of those rules contained in section 301.6231                
             (a)(3)-1(c)(3), Proced. & Admin. Regs.  Petitioners assert               
             that under those provisions, an item relating to a distri-               
             bution from the partnership is defined as a nonpartnership               
             item to the extent that a determination of that item                     
             requires “other information”.  Sec. 301.6231(a)(3)-1(c)(3),              
             Proced. & Admin. Regs.  According to petitioners, the                    
             settlement transaction in this case took place between                   
             Admiral and each individual limited partner who joined the               
             Settlement Agreement, and any item relating to that                      
             transaction would require “information from either Admiral               
             or the individual partners regarding the settlement”.                    
             Petitioners assert that any such item would not be a                     
             partnership item because it requires information that is                 
             “not in the possession or control of the partnership.”                   
                  We disagree with petitioners’ legal analysis and with               
             the underlying factual premise of that analysis.  Contrary               
             to petitioners’ position, the determination of whether an                
             item is a partnership item does not depend upon whether the              
             item is determinable from information actually available at              
             the partnership level.  Cf. Dial U.S.A., Inc. v. Commis-                 
             sioner, 95 T.C. 1, 4 (1990) (defining a subchapter S                     
             corporation item).  The critical factor is whether the                   




Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011