Greenberg Brothers Partnership #4, a.k.a. Breathless Associates, Richard M. Greenberg, Tax Matters Partner, et al. - Page 6

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          of paragraph one of the original settlement agreement without               
          being bound by the burdens of the at risk provisions set forth in           
          the remaining paragraphs.  Respondent has refused to extend                 
          offers of settlement terms to participants under these                      
          circumstances.5                                                             
                                     Discussion                                       
          TEFRA--Partnership and Nonpartnership Items                                 
               The parties agree that the partnerships are subject to the             
          audit and litigation procedures of the Tax Equity & Fiscal                  
          Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, 96 Stat. 324.           
          The principal purpose behind TEFRA is to provide consistency and            
          reduce duplication in the treatment of "partnership items" by               
          requiring that they be determined in a unified proceeding at the            
          partnership level.  Maxwell v. Commissioner, 87 T.C. 783, 787               
          (1986); H. Conf. Rept. 97-760, at 600 (1982), 1982-2 C.B. 662;              
          see also Slovacek v. United States, 40 Fed. Cl. 828 (1998).                 
               Partnership items include each partner's proportionate share           
          of the partnership's aggregate items of income, gain, loss,                 
          deduction, or credit.  Sec. 6231(a)(3); sec. 301.6231(a)(3)-                
          1(a)(1)(i), Proced. & Admin. Regs.  Partnership items also                  
          include each partner's proportionate share of the partnership's             
          liabilities, including determinations with respect to the amount            

               5                                                                      
                    As we understand, at least until these cases were                 
          submitted, respondent was still offering the settlement to                  
          partners who were willing to accept all of the settlement terms.            




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