7 In the motion to dismiss, respondent argues that the Court does not have jurisdiction to redetermine petitioners' tax for the years in issue to the extent that the amounts assessed by respondent are attributable to the proper reporting of partnership items. Petitioners' shares of the losses and investment credit basis of the partnership for 1982 and 1983 are partnership items. Accordingly, we are without jurisdiction over the deficiencies attributable to these items which were assessed as computational adjustments. Furthermore, petitioners agree that we are without jurisdiction over the computational adjustments in this affected items proceeding. See Bradley v. Commissioner, 100 T.C. 367, 371 (1993); Saso v. Commissioner, 93 T.C. 730, 734 (1989). Petitioners, however, argue that the investment tax credit recapture reported on their 1984 return is an affected item, and they contend that they overpaid taxes in 1984 as a result of recognizing recapture of a portion of the investment credit respondent has since disallowed in taxable years 1982 and 1983. Respondent counters that we do not have jurisdiction to offset the taxes assessed for 1982 and 1983 by petitioners' alleged overpayment in a year not before the Court. As we understand it, petitioners' argument is that the affirmative defense of equitable recoupment applies and that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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