- 7 - introduced by respondent that the FPAAs were properly mailed in these cases, and we so find. We find Josephine's and Catherine's self-serving testimony on this matter to be vague and insufficient to overcome respondent's evidence. Having found that petitioners were properly notified of the partnership proceeding, we lack jurisdiction to redetermine the deficiencies on which the additions to tax in these cases are based. Brookes v. Commissioner, 108 T.C. 1, 5 (1997), on appeal (9th Cir., March 25, 1997). The deficiencies are attributable to partnership items, properly considered solely in the partnership proceeding. Saso v. Commissioner, 93 T.C. 730, 734 (1989); Maxwell v. Commissioner, 87 T.C. 783, 788 (1986). Likewise, petitioners' arguments that respondent failed to comply with the applicable periods of limitation at the partnership level are affirmative defenses that could have been raised in the partnership level proceeding and may not be considered by the Court at the partner level. Crowell v. Commissioner, supra at 693. The second issue for decision is whether petitioners are liable for the section 6653(a) additions to tax as determined by respondent. Section 6653(a)(1) provides for an addition to tax equal to 5 percent of the entire underpayment of tax if any part of the underpayment is due to negligence or intentional disregard of rules and regulations. Section 6653(a)(2) provides for anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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