- 5 - respondent simply should have increased the amount of petitioners' distributive share of partnership losses flowing from the favorable adjustments at the partnership level for 1989 and 1990. Instead, respondent recharacterized petitioners' distributive share of the adjusted partnership losses (as well as petitioners' share of partnership losses previously reported on their returns for those years) as passive in notices of computational adjustment issued for 1989 and 1990, resulting in deficiencies. However, as an affected item requiring partner level factual determinations, the recharacterization of such losses was not properly subject to computational adjustment. Sec. 6230(a)(2)(A)(i); see Estate of Quick v. Commissioner, supra. Respondent argues that this Court correctly declined to order refunds for overpayments of tax in our Opinion. We agree, but for the sake of clarity, we deem it necessary to discuss our rationale in greater detail than we did previously. The Tax Court is a court of limited jurisdiction, and we may exercise our jurisdiction only to the extent authorized by Congress. See sec. 7442; Judge v. Commissioner, 88 T.C. 1175, 1180-1181 (1987); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). We have jurisdiction to decide whether we have jurisdiction. Pyo v. Commissioner, 83 T.C. 626, 632 (1984).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011