- 328 - 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.Page: Previous 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 Next
Last modified: May 25, 2011