- 18 - Because the focus in the bankruptcy rule is limited to the partner's status as a debtor in bankruptcy, we are compelled here to look only to petitioner's status, since she is the only partner before us, and, although she is a partner, she is not in bankruptcy. Accordingly, we find the bankruptcy rule to be inapplicable. Id. Consistent with our finding that the taxpayer's partnership items had not converted to nonpartnership items in Dubin, we held the notice of deficiency issued to the taxpayer to be invalid. Although the Dubin case involved the status of a taxpayer holding a joint partnership interest with her husband, whereas the instant case concerns the status of a taxpayer who filed a joint return with her husband, who held a separate partnership interest, we see no meaningful distinction between the controlling statutory and regulatory provisions. In short, just as the bankruptcy provision at issue in Dubin was found to extend only to the partner/spouse in bankruptcy, the prompt assessment provision at issue in the instant case only extends to the deceased partner on whose behalf the request for prompt assessment is filed. Based upon the preceding discussion, we hold that Mrs. Callaway's Mountain View partnership items did not convert to nonpartnership items at the time that decedent's partnership items converted to nonpartnership items pursuant to section 301.6231(c)-8T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6794 (Mar. 5, 1987).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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