David E. and Jean H. Kohn - Page 6




                                        - 6 -                                         

          proportionate share of the partnership's aggregate income, gain,            
          loss, deduction, or credit.  See sec. 301.6231(a)(3)-1(a)(1)(i),            
          Proced. & Admin. Regs.                                                      
               An affected item is defined in section 6231(a)(5) as any               
          item to the extent such item is affected by a partnership item.             
          See Brookes v. Commissioner, supra at 5; Crowell v. Commissioner,           
          102 T.C. 683, 689 (1994).  The first type of affected item is a             
          computational adjustment that is made to record the change in a             
          partner's tax liability resulting from the proper treatment of              
          partnership items.  See id.  Once the partnership level                     
          proceedings are completed, respondent is permitted to assess a              
          computational adjustment against a partner without issuing a                
          deficiency notice.  See sec. 6230(a)(1); Brookes v. Commissioner,           
          supra at 5.                                                                 
               The second type of affected item is one that is dependent              
          upon factual determinations that are made at the individual                 
          partner level.  See Brookes v. Commissioner, supra at 5.                    
          Additions to tax for negligence and valuation overstatement are             
          affected items requiring factual determinations at the individual           
          partner level.  See N.C.F. Energy Partners v. Commissioner, supra           
          at 745.  Section 6230(a)(2)(A)(i) provides that the normal                  
          deficiency procedures apply to those affected items which require           
          partner level determinations.                                               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011