- 4 - the Bankruptcy Court dated August 31, 1992. Mrs. Locke did not file a petition in bankruptcy.Discussion The TEFRA Provisions Pursuant to the TEFRA provisions the tax treatment of "partnership items" generally is to be determined at the partnership level. See Maxwell v. Commissioner, 87 T.C. 783, 788 (1986). 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. Nonpartnership items are items that are not partnership items. Sec. 6231(a)(4). This Court's jurisdiction of a partnership action is predicated upon the mailing of a valid FPAA by the Commissioner to the TMP and the timely filing by the TMP or other eligible partner of a petition seeking a readjustment of partnership items. Rule 240(c); Seneca, Ltd. v. Commissioner, 92 T.C. 363, 365 (1989), affd. without published opinion 899 F.2d 1225 (9th Cir. 1990). Neither the Lockes nor respondent disputes that the FPAA's were valid and that the petitions were timely filed in these cases. For purposes of the TEFRA provisions section 6231(a)(2) defines a partner as follows: (A) a partner in the partnership, and (B) any other person whose income tax liability under subtitle A is determined in whole or in part by taking intoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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