Meserve Drilling Partners, Regional Resources, Inc., F.K.A. R&R Energy, Inc., Tax Matters Partner - Page 8

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          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 little            






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