- 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 thePage: 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