Robert C. Olson - Page 11

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               As previously mentioned, this Court has no jurisdiction to             
          consider challenges to computational adjustments in an affected             
          items proceeding.  Bradley v. Commissioner, supra; Saso v.                  
          Commissioner, supra; Maxwell v. Commissioner, supra; Palmer v.              
          Commissioner, supra.  In the instant case, petitioner is directly           
          challenging the computational adjustment made pursuant to the               
          dismissal of the partnership proceeding, albeit for purposes of             
          computing the additions to tax for negligence and substantial               
          understatement of income tax.4  Nevertheless, the fact remains              
          that petitioner would have us review a computational adjustment             
          in an affected items proceeding.  This we may not do, even for              
          the limited purpose advocated by petitioner, because it would               
          necessarily require us, contrary to the statutory scheme of the             
          unified partnership audit and litigation provisions, to determine           
          partnership items in an affected items proceeding.                          
               Petitioner's remaining contentions do not merit any                    
          discussion other than to note that the validity of a properly               
          mailed FPAA is not contingent on actual receipt by a notice                 
          partner.  Crowell v. Commissioner, 102 T.C. 683, 692 (1994).                
          In order to reflect the foregoing,                                          


          4 It should be recalled that the computation of each of the                 
          additions to tax at issue in this case takes into account the               
          amount of the underpayment of tax, see supra note 3, and that it            
          is the underpayment of tax that respondent assessed as the                  
          computational adjustment at the conclusion of the partnership               
          proceeding.                                                                 




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