- 6 - innocent spouse with respect to both the computational adjustment relating to the partnership items and the additions to tax. As previously indicated, respondent has filed a Motion to Dismiss. In this motion, respondent moves to dismiss for lack of jurisdiction and to strike those allegations set forth in the petition that pertain to petitioner's liability for partnership items for 1982. Respondent does not dispute that petitioner is entitled to raise the innocent spouse defense as to the additions to tax determined in the affected items notice of deficiency. Discussion In general, the tax treatment of any partnership item is determined at the partnership level pursuant to the unified audit and litigation procedures set forth in sections 6221 through 6231. TEFRA sec. 402(a), 96 Stat. 648. The TEFRA procedures apply with respect to all taxable years of a partnership beginning after September 3, 1982. Sparks v. Commissioner, 87 T.C. 1279, 1284 (1986); Maxwell v. Commissioner, 87 T.C. 783, 789 (1986). Partnership items include each partner's proportionate share of the partnership's aggregate items of income, gain, loss, deduction, or credit. Sec. 6231(a)(3); sec. 301.6231(a)(3)- 1(a)(1)(i), Proced. & Admin. Regs. An affected item is defined in section 6231(a)(5) as any item to the extent that such item is affected by a partnershipPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011