Douglas A. Vander Heide and Janet Vander Heide - Page 5

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          requires a consideration of the unified audit and litigation                
          procedures enacted as part of the Tax Equity and Fiscal                     
          Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, 96 Stat. 324.           
               The TEFRA partnership provisions were enacted in response to           
          the administrative problems experienced by the Internal Revenue             
          Service in auditing returns of partnerships, particularly tax               
          shelter partnerships with numerous partners.  Staff of Joint                
          Comm. on Taxation, General Explanation of the Revenue Provisions            
          of the Tax Equity and Fiscal Responsibility Act of 1982, at 268             
          (J. Comm. Print 1982).  As we stated in an earlier case                     
          interpreting the TEFRA partnership provisions:                              
                    By enacting the partnership and audit litigation                  
               procedures, Congress provided a method for uniformly                   
               adjusting items of partnership income, loss, deduction,                
               or credit that affect each partner.  Congress decided                  
               that no longer would a partner's tax liability be                      
               determined uniquely but "the tax treatment of any                      
               partnership item [would] be determined at the                          
               partnership level."  Sec. 6221.  [Maxwell v.                           
               Commissioner, 87 T.C. 783, 787 (1986).]                                
          A "partnership item" is defined as an item that is more                     
          appropriately determined at the partnership level than at the               
          partner level.  Sec. 6231(a)(3).  Partnership items include each            
          partner's proportionate share of a partnership's aggregate items            
          of income, gain, loss, deduction, or credit.  Sec. 6231(a)(3);              
          sec. 301.6231(a)(3)-1(a)(1)(i), Proced. & Admin. Regs.  The                 
          treatment of partnership items is decided at the partnership                
          level, rather than in separate proceedings involving individual             





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