- 2 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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