Eliane Olson - Page 6

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          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 partnership              







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