- 10 - See id. No party, including petitioners, contested entry of the decision in the underlying partnership proceeding, nor did any party appeal the decision. The Hamilton decision cannot be vacated in the context of this action. Lastly, this Court has recently considered facts and issues substantially identical to those that petitioner has raised. See Davenport Recycling Associates v. Commissioner, T.C. Memo. 1998- 347, pending on appeal before the Court of Appeals for the Seventh Circuit. In Davenport Recycling, we denied a motion to vacate the final decision in a partnership proceeding in which Sam Winer was petitioner. Consistent with the preceding discussion, we hold that our jurisdiction in this case is limited to redetermining petitioners' liability for the additions to tax set forth in the affected items notice of deficiency and that we lack jurisdiction to consider petitioners' liability for the deficiencies that were assessed by computational adjustment, petitioners' liability for interest computed at the increased rate prescribed by section 6621(c), and petitioners' claims that the underlying partnership proceeding is invalid. For the foregoing reasons, respondent's motion to dismiss for lack of jurisdiction and to strike the claims relating to the deficiency attributable to partnership items is granted.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011