- 12 - 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 questionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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