David E. and Jean H. Kohn - Page 5




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          proceedings; and (6) respondent's actions during the TEFRA                  
          proceedings constituted a fraud upon the Court.                             
          Discussion                                                                  
               The tax treatment of Hamilton was determined at the                    
          partnership level pursuant to the TEFRA partnership provisions in           
          sections 6221 through 6233.  The partnership audit provisions               
          provide a unified partnership proceeding for determination of the           
          tax treatment of partnership items separate from and independent            
          of a partner's deficiency proceeding involving nonpartnership               
          items.  See Tax Equity and Fiscal Responsibility Act of 1982                
          (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 648; Brookes v.              
          Commissioner, 108 T.C. 1, 5 (1997); Maxwell v. Commissioner, 87             
          T.C. 783, 787-788 (1986).  Accordingly, this Court does not have            
          jurisdiction in a partner's personal tax case to redetermine any            
          portion of a deficiency attributable to partnership items.  See             
          sec. 6221; Brookes v. Commissioner, supra at 5; Maxwell v.                  
          Commissioner, supra at 788.                                                 
               A partnership item is defined as any item required to be               
          taken into account for the partnership's taxable year to the                
          extent that the Secretary provides by regulations that the item             
          is more appropriately determined at the partnership level than at           
          the partner level.  See sec. 6231(a)(3); Brookes v. Commissioner,           
          supra at 5; N.C.F. Energy Partners v. Commissioner, 89 T.C. 741,            
          743 (1987).  Partnership items include each partner's                       





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