- 9 -
whether sufficient notice of the partnership-level proceeding had
been provided to the taxpayers could be considered in a partner-
level proceeding. As noted above, petitioners do not presently
seek to question the affected items set forth in the notice of
deficiency issued to them. Further, the lack of notice here does
not concern an alleged failure by respondent to comply with
section 6223, but the TMP’s failure to notify petitioners and
obtain their approval of the settlement between the TMP and
respondent. That alleged lack of notice does not permit the
conversion of a partnership item into a nonpartnership item. See
sec. 6231(b) and (c). Furthermore, petitioners became
participating partners in the Barrister proceeding and received
notification of the entry of the stipulated decision at a time
when they could have sought to have that decision reconsidered or
vacated.
Petitioners do not present, nor have we found, any authority
permitting us to redetermine partnership items in this affected
items proceeding. Section 6226(f), which governs judicial review
of adjustments to partnership items, grants jurisdiction over all
partnership items and the proper allocation of the partnership
items among the partners to the Court in which a petition is
filed with respect to the FPAA. Our jurisdiction for the instant
proceeding is based on the issuance of a notice of deficiency
with respect to nonpartnership items.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011