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jurisdiction to order credits or refunds of
overpayments except with respect to overpayments
determined by final decision as authorized by sec.
6512(b)(2), I.R.C.
Kevin M. Bagley and Mitchell B. Dubick, for petitioners.
Gretchen A. Kindel, for respondent.
SUPPLEMENTAL OPINION
NIMS, Judge: In a timely filed Motion for Reconsideration
(Motion) pursuant to Rule 161, petitioners request the Court to
reconsider its Opinion reported as Estate of Quick v.
Commissioner, 110 T.C. 172 (1998). The Opinion is incorporated
herein by this reference.
Except where otherwise noted, all Rule references are to the
Tax Court Rules of Practice and Procedure. All section
references are to sections of the Internal Revenue Code in effect
for the years in issue.
In our Opinion, we held, among other things, that
respondent's recharacterization of petitioners' distributive
share of partnership losses for 1989 and 1990 as passive for
purposes of section 469 (the section 469 issue) constituted an
"affected item" within the meaning of section 6231(a)(5), and was
thereby subject to the Tax Equity and Fiscal Responsibility Act
of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324, 648,
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