- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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