Poison Creek Ranches #1, Ltd., Poison Creek Ranches #2, Ltd., Poison Creek Ranches #3, Ltd., Poison Creek Ranches #4, Ltd., Walter J. Hoyt, III, Tax Matters Partner, et al. - Page 23

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          argues, the Court is prohibited from allocating partnership items           
          to those partners because we do not have jurisdiction to do so.             
          Petitioner also argues that pursuant to section 6231, the                   
          partnership items of the partners who have accepted the out-of-             
          pocket settlement have been converted to nonpartnership items.              
          As a result, petitioner argues that these partners have no                  
          partnership interest.                                                       
               Respondent argues that the Court has jurisdiction to                   
          determine the allocation of items at issue in these cases because           
          the items are partnership items.  Respondent contends that in               
          order to determine the allocations to be made to the partners who           
          have not settled on an individual basis, it is necessary for the            
          Court to consider the capital accounts of all of the partners.              
               Respondent argues that the TEFRA provisions are procedural,            
          and affect only the type of proceeding which may be brought, but            
          do not alter the substantive law of partnerships.  Thus,                    
          respondent argues, the provisions do not have the effect of                 
          removing partners from the partnership.                                     
               The items at issue fall within the definition of partnership           
          items.  The determination of the allocation of partnership items            
          to the parties to this action requires that we consider the                 
          partnership aggregate of each item including partnership capital.           
          A partner's allocable interest in each item is determined based             
          on the share of total partnership capital contributed by the                





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