5
By Order dated February 24, 1997, the Court ordered
respondent to file any motion to dismiss by March 26, 1997. On
March 26, 1997, respondent filed a motion to dismiss for lack of
jurisdiction as to the portion of this case which relates to
partnership items, computational adjustments, offsets to
previously assessed computational adjustments, and the increased
rate of interest under section 6621(c).
The tax treatment of partnership items generally is
determined at the partnership level pursuant to the unified audit
and litigation procedures set forth in sections 6221 though 6233.
Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L.
97-248, sec. 402(a), 96 Stat. 648; Maxwell v. Commissioner, 87
T.C. 783, 788 (1986). Partnership items include, inter alia,
each partner's proportionate share of the partnership's aggregate
items of income, gain, loss, deduction, or credit and other
amounts determinable at the partnership level with respect to
partnership assets or investments necessary to enable the
partnership or partner to determine the investment credit and the
recapture of the investment credit, sec. 6231(a)(3); sec.
301.6231(a)(3)-1(a)(1), Proced. & Admin. Regs., although
investment credits are taken into account separately by each
partner. Sec. 702(a); Southern v. Commissioner, 87 T.C. 49, 53
(1986). The TEFRA procedures apply with respect to all taxable
years of a partnership beginning after September 3, 1982. Sparks
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