Eliane Olson - Page 12

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          Commissioner, supra.  In the instant case, petitioner is directly           
          challenging the computational adjustment made pursuant to the               
          dismissal of the partnership proceeding by asserting that she is            
          not liable for the computational adjustment.  However, petitioner           
          has already been held liable for such adjustment by virtue of the           
          dismissal of the partnership proceeding, which dismissal served             
          to sustain respondent's disallowance of the partnership items               
          relating to Computer Graphics for 1982.  It follows that we may             
          not review petitioner's liability for the computational                     
          adjustment in the present proceeding.                                       
               Viewing the matter from a slightly different perspective, it           
          is apparent that the provisions of section 6013(e) relieving a              
          spouse of liability in certain cases represent a defense to                 
          liability.  In the present case, petitioner's liability for tax             
          in respect of partnership items has already been determined.                
          Accordingly, we are without jurisdiction in an affected items               
          proceeding to reconsider petitioner's liability for such tax.               
          See Greene v. Commissioner, T.C. Memo. 1995-105 (period of                  
          limitations for assessing a computational adjustment is a defense           
          to liability for such adjustment; such defense may therefore not            
          be asserted in an affected items proceeding); English v.                    
          Commissioner, T.C. Memo. 1990-662 ("In a proceeding by an                   
          individual partner based upon determinations of his tax liability           
          at the partner level, we have no power to deal with any question            





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