Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 23

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          for 1989 and 1990.  Since no adjustment was made during the                 
          partnership-level proceeding as to the character of the activity,           
          respondent is bound by the reporting position of the Partnership.           
          See Doe v. Commissioner, 80 AFTR2d 97-5535, 97-1 USTC par. 50460            
          (10th Cir. 1997), affg. in part and revg. in part T.C. Memo.                
          1993-543; Roberts v. Commissioner, 94 T.C. at 862.                          
               Having concluded that the Partnership reported its losses as           
          arising from trade or business activity, we think it ineluctable            
          that the characterization of such losses as active or passive in            
          the hands of petitioners is not a partnership item within the               
          meaning of section 6231(a)(3) and the accompanying regulations.             
          Determining whether or not petitioners materially participated in           
          such activity for purposes of section 469 has no effect on any              
          item that would affect all of the partners' respective returns,             
          nor does it have any effect on any item on the Partnership's                
          return or on the Partnership's books and records.  See Roberts v.           
          Commissioner, 94 T.C. at 861.                                               
               B.  The section 469 issue involves an affected item                    
          requiring a partner-level factual determination.                            
               We now turn to consider respondent's alternative position              
          set forth in the amended answer that the section 469 issue                  
          involves an affected item such that section 6229(a) and (d)                 
          applies to suspend the period of limitations.  Sec.                         
          6230(a)(2)(A)(i).                                                           







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