Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 2

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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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