- 8 - was not subject to the FSAA procedure. However, we noted that the temporary regulation by its terms was applicable to a taxable year of an S corporation only if the due date of the corporation's return for that year was on or after January 30, 1987. Eastern States Casualty Agency v. Commissioner, supra at 775. By contrast, the regulations in issue here are by their terms effective for partnership taxable years ending after September 3, 1982. We reject petitioner's argument that the regulations should not be applied here. The legislative history of TEFRA clearly indicates Congress' intent generally to treat a partnership's items of income, loss, deduction, and credit as "partnership items" for purposes of the unified audit and litigation procedures. See H. Conf. Rept. 97-760, at 600, 604 (1982), 1982- 2 C.B. 600, 662. Further, the issuance of the proposed regulations in January of 1983, only a few months after the enactment of TEFRA, provided guidance as to which items fell within the definition of "partnership items" and put the public on notice that the regulations would be applied to partnership years beginning after the date of TEFRA's enactment. The proposed regulations gave petitioners "warning of things to come". United States v. Fenix & Scisson, Inc., 360 F.2d 260, 267 (10th Cir. 1966). Accepting petitioner's contentions would lead to the absurd result that the TEFRA provisions would have littlePage: Previous 1 2 3 4 5 6 7 8 9 Next
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