- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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