- 6 - Initially, we note that we have jurisdiction to consider the question of our jurisdiction over the parties or subject matter. Pyo v. Commissioner, 83 T.C. 626, 632 (1984). 1. Res Judicata--Petitioners contend that the doctrine of res judicata does not bar relitigation of the Barrister partnership items because they are presenting issues regarding those items not addressed in the partnership proceeding. Accordingly, they argue that they are not bound by the Barrister proceeding. Respondent, without agreeing with their underlying arguments, argues that petitioners should have moved this Court to reconsider or vacate the decision in the Barrister partnership proceeding. Petitioners have framed the issue in a manner that suggests two separate paths of inquiry to determine whether we have jurisdiction over the partnership items in this proceeding. First, we must analyze the statutory partnership provisions to determine whether we can consider the tax assessments from a partnership proceeding in petitioners' affected items proceeding. If we decide that the statutory provisions do not offer the relief sought, we then consider petitioners’ constitutional claim that they were deprived of procedural due process. Sections 6221 through 6231 provide for a unified partnership proceeding to determine the tax treatment of partnership items separate from and independent of a partner's deficiency proceeding involving nonpartnership items. Maxwell v. Commissioner, 87 T.C. 783, 787-788 (1986); H. Conf. Rept. 97-760,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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