Gerald H. Evans - Page 12




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          partnership that are subject to TEFRA from all other adjustments            
          that can be made to the individual's return.  See Maxwell v.                
          Commissioner, 87 T.C. 783, 787-788 (1986).  Agent Coar was                  
          therefore restricted from examining affected items as part of               
          petitioner's individual tax case.  See id.  In view of this fact,           
          the "total" adjustments Agent Coar could make to petitioner's               
          1982 taxable year would necessarily exclude any adjustments for             
          affected items.  Thus, any representation by Agent Coar must be             
          viewed in the context of Agent Coar's limited authority and the             
          restricted scope of his examination.                                        
               In light of the foregoing, the execution of Form 4549 with             
          respect to the 1982 year did not preclude respondent from                   
          subsequently issuing an affected items notice of deficiency for             
          the same taxable year.                                                      
               To reflect our disposition of the disputed issue, as well as           
          the parties' stipulation of settled issues,                                 


                                        Decision will be entered                      
                                   for respondent.                                    














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