- 13 - for such items was excepted from the unified partnership audit and litigation procedures. See sec. 6230(a)(2)(A)(ii) (normal deficiency procedures apply where partnership items converted to nonpartnership items under secs. 6231(e)(1)(B)(i) and 6231(c)(2)). Under the circumstances, we hold that the notices of deficiency for affected items are invalid insofar as they were issued to decedent's estate. Consequently, we shall dismiss this case for lack of jurisdiction with respect to decedent's estate and deny petitioners' motion for summary judgment as moot insofar as it pertains to decedent's estate. Jurisdiction: Elizabeth N. Callaway Petitioners maintain that, because Mrs. Callaway is treated as a Mountain View partner solely by virtue of having filed a joint return with decedent for the years in issue, her partnership items converted to nonpartnership items at the same time that decedent's partnership items were so converted. We disagree.6 The controversy surrounding Mrs. Callaway's status as a Mountain View partner involves the effect of section 301.6231(a)(2)-1T(a)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790 (Mar. 5, 1987), which provides in pertinent part: Persons whose tax liability is determined indirectly by partnership items (Temporary).--(a) 6 Again, petitioners' conversion theory raises the question of the validity of the notices of deficiency.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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