Greenberg Brothers Partnership #12, a.k.a. Lone Wolf McQuade Associates, and Richard M. Greenberg, Tax Matters Partner - Page 4

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          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 into            




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