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Section 6226(f) vests this Court with subject matter
jurisdiction to determine all partnership items of the
partnership for the partnership taxable year to which the FPAA
relates and the proper allocation of those items among the
partners. Our jurisdiction over a partnership action is
predicated upon the mailing of an FPAA by the Commissioner to the
TMP and the timely filing by the TMP or other eligible partner of
a petition seeking readjustment of partnership items. Secs.
6223(a)(2), 6226(a) and (b); Rule 240(c); Seneca, Ltd. v.
Commissioner, 92 T.C. 363, 365 (1989), affd. without published
opinion 899 F.2d 1225 (9th Cir. 1990).
Once a taxpayer invokes the Court's jurisdiction,
jurisdiction lies with the Court and remains unimpaired until the
Court has decided the controversy. Naftel v. Commissioner, 85
T.C. 527, 529-530 (1985).
The TMP may file a petition for readjustment with this Court
within 90 days after the Commissioner mails the FPAA to that
partner. Sec. 6226(a). When the TMP does not file a petition
within the 90-day period, a "notice partner" or 5-percent group
may file a petition for readjustment with this Court within 60
days after the close of the 90-day period. Sec. 6226(b)(1).
"These time limits are jurisdictional and, if a petition is
untimely, it must be dismissed." Tempest Associates, Ltd. v.
Commissioner, 94 T.C. 794, 798 (1990).
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