Investment Research Associates - Page 261




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         partnership proceeding and cannot be considered in the partner's              
         personal or individual case.  Disputes relating to                            
         "nonpartnership items", however, continue to be resolved at the               
         individual partner level.                                                     
              Section 6231(a)(3) provides that a "partnership item" means              
         any item required to be taken into account for the partnership's              
         taxable year to the extent prescribed by regulations as an item               
         that "is more appropriately determined at the partnership level               
         than at the partner level."  The regulations provide that                     
         partnership items include the partnership's aggregate and each                
         partner's share of items of income.                                           
              If the commitment fees were Kanter's income that he assigned             
         to the partnership, then the asserted deficiency against him from             
         the adjustment would not be attributable to a partnership item,               
         and consideration of the adjustment in the instant cases will not             
         be enjoinable pursuant to section 6225(b).  See sec. 6225(a) and              
         (b).  The adjustment to Kanter’s income further would not be an               
         "affected item".  Sec. 6231(a)(5); NCF Energy Partners v.                     
         Commissioner, 89 T.C. 741, 743-746 (1987); Maxwell v.                         
         Commissioner, 87 T.C. 783, 792-793 (1986).  Conversely, if the                
         fees are the partnership's income, the determination of a                     
         partner's share of the income is a partnership item and must be               
         made at the partnership level.  See sec. 6231(a)(1), (3); Rule                
         240(b)(2); see also Maxwell v. Commissioner, supra at 787-788.                






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