- 3 - MESERVE DRILLING PARTNERS Year Adjustment to Ordinary Income 1982 $1,228,560 1983 171,721 COLUMBIA ENERGY FUND 1982 Year Adjustment to Ordinary Income 1982 $3,176,180 1983 1,059,673 In the motions to dismiss, petitioner claims that the FPAA's are invalid because they did not make determinations as to "partnership items" on the dates they were issued and therefore cannot confer jurisdiction on this Court. According to petitioner's argument, the regulations defining "partnership items" were adopted on April 15, 1986, whereas the FPAA's were mailed on March 18, 1986. Thus, petitioner argues that because no regulations existed when the FPAA's were mailed, pursuant to section 6231(a)(4), all items are "nonpartnership items". In addition, petitioner argues that the regulation defining "partnership items" should not be used to retroactively confer jurisdiction on this Court. Respondent asserts that the FPAA validly confers jurisdiction on the Court and that jurisdiction can be conferred by the retroactive application of the regulation defining "partnership items". Discussion The question of jurisdiction is a fundamental question that can be raised at any time by either party or by the Court.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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