- 17 - that her husband filed for bankruptcy.8 Specifically, the Commissioner argued that the taxpayer's partnership items converted to nonpartnership items by virtue of section 6231(a)(12), which provides that a husband and wife who have a joint interest in a partnership generally shall be treated as one person (or partner). In rejecting the Commissioner's position, we noted that section 301.6231(a)(12)-1T(a), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6793 (Mar. 5, 1987), establishes an exception to the general rule stated in section 6231(a)(12) by providing that spouses holding a joint interest in a partnership are treated as separate partners. Further, focusing on the bankruptcy rule set forth in section 301.6231(c)-7T(a), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6793 (Mar. 5, 1987), we concluded that the temporary regulation "concerns itself with the treatment of items as partnership items with respect to a partner named as a debtor in a bankruptcy proceeding; partnership items of such a partner are treated as nonpartnership items." Dubin v. Commissioner, supra at 334. We concluded our analysis as follows: 8 The Commissioner's position was born of the fact that the Commissioner had not notified the taxpayer of the partnership level proceedings but rather issued the taxpayer a notice of deficiency. The case was before the Court on the parties' cross- motions to dismiss for lack of jurisdiction. The Commissioner argued that the case should be dismissed on the ground that the petition was not timely filed, and the taxpayer moved to dismiss on the ground that the notice of deficiency was invalid.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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