8 1993), the taxpayers moved to dismiss for lack of jurisdiction on the ground that the Commissioner failed to comply with the TEFRA provisions of section 6223(a). The Commissioner argued that the partnership at issue was a small partnership within the meaning of section 6231(a)(1)(B), and, therefore, the TEFRA provisions do not apply. As in the instant case, the dispute centered on the same share requirement. The partnership reported only two items on its return for the year at issue; ordinary loss and net loss from self-employment. Because the losses were allocated according to the loss sharing distribution set forth on the Schedules K-1, we held that the same share requirement was satisfied. The taxpayers in McKnight v. Commissioner, supra, later filed motions to vacate and for reconsideration of our opinion, arguing the validity of the same share regulation in that it conflicts with the intent of Congress in enacting section 6231(a)(1). The taxpayers contended that Congress' intent with regard to the same share rule under section 6231(a)(1)(B)(i)(II) was to include in the determination all partnership items defined in section 301.6231(a)(3)-1(a)(1), Proced. & Admin. Regs, and not to narrow its scope by application of the same share regulation of section 301.6231(a)(1)-1T(a)(3), Temporary Proced. & Admin. Regs., supra. After reviewing the relevant statues and regulations, and the legislative history of the same, we observed that:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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