Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 16

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          1996.  The notices were issued on March 14, 1997, less than one             
          year thereafter.  Thus, if section 6229 applies, it is beyond               
          question that the March 14, 1997, notices are timely.                       
               Section 6229 was enacted as part of the unified partnership            
          audit and litigation provisions of TEFRA sec. 402(a), 96 Stat.              
          648.  The TEFRA rules, codified at sections 6221 through 6233,              
          segregate adjustments attributable to an individual's interest in           
          partnerships which are subject to the TEFRA statutes from all               
          other adjustments which can be made to the individual's return.             
          Maxwell v. Commissioner, 87 T.C. 783, 787-788 (1986).  So-called            
          TEFRA adjustments generally can be made only after all                      
          partnership proceedings are completed.  White v. Commissioner, 95           
          T.C. 209, 211 (1990); Roberts v. Commissioner, 94 T.C. 853, 859             
          (1990); N.C.F. Energy Partners v. Commissioner, 89 T.C. 741, 743-           
          745 (1987); Maxwell v. Commissioner, supra at 790-793.                      
          If we determine that the section 469 issue, as petitioners                  
          contend, does not involve a partnership item or affected item               
          adjustment, then section 6229 does not operate to suspend the               
          period of limitations.  Sec. 6501.  Under this scenario,                    
          respondent concedes that petitioners' distributive share of                 
          petitioners' losses for 1989 and 1990 could not be                          
          recharacterized as passive, and, therefore, that petitioners                
          would be entitled to refunds for those years based on the                   
          partnership-level adjustments.                                              






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