Leo and Pauline Goldman - Page 8

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          proceedings are completed, respondent is permitted to assess a              
          computational adjustment against a partner without issuing a                
          deficiency notice.  Sec. 6230(a)(1); N.C.F. Energy Partners v.              
          Commissioner, 89 T.C. 741, 744 (1987).                                      
               The second type of affected item is one that is dependent              
          upon factual determinations to be made at the individual partner            
          level.  N.C.F. Energy Partners v. Commissioner, supra at 744.               
          Section 6230(a)(2)(A)(i) provides that the normal deficiency                
          procedures apply to those affected items which require individual           
          partner level determinations.  Additions to tax under sections              
          6653(a)(1), 6653(a)(2), and 6661 are affected items requiring               
          factual determinations at the individual partner level and are              
          subject to the normal deficiency procedures.  N.C.F. Energy                 
          Partners v. Commissioner, supra at 745.                                     
               The Court may not adjudicate partnership items or related              
          computational adjustments in an affected items proceeding such as           
          this one.  Saso v. Commissioner, 93 T.C. 730, 734 (1989).  But in           
          Crowell v. Commissioner, 102 T.C. 683, 691 (1994), we held that             
          the taxpayers could challenge the validity of the affected items            
          notice of deficiency on the ground that respondent failed to                
          properly notify the taxpayer partner of the underlying                      
          partnership level proceeding.  As in Crowell, we believe                    
          petitioners' notice argument is tantamount to a motion to dismiss           
          this case for lack of jurisdiction on the ground that the                   
          affected items notices are invalid.                                         




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