- 40 -                                         
          this context that petitioners contend that they are not liable               
          for additional interest because assessment of additional interest            
          under section 6621(c) without prior opportunity to contest such              
          assessment violates the Due Process Clause of the Fifth                      
          Amendment.                                                                   
               In order to address petitioners’ contention, we need to step            
          back and briefly review the unified audit and litigation                     
          procedures that apply to TEFRA partnerships (the TEFRA                       
          procedures).                                                                 
          In general, the tax treatment of any partnership item is                     
          determined at the partnership level pursuant to the TEFRA                    
          procedures.  The TEFRA procedures apply with respect to a                    
          partnership's taxable years beginning after September 3, 1982.               
          See Sparks v. Commissioner, 87 T.C. 1279, 1284 (1986); Maxwell v.            
          Commissioner, 87 T.C. 783, 789 (1986).  Partnership items include            
          the partnership aggregate and each partner's share of (1) items              
          of income, gain, loss, deduction, or credit of the partnership               
          and (2) other amounts determinable at the partnership level with             
          respect to partnership assets, investments, transactions and                 
          operations necessary to enable the partnership or the partners to            
          determine the allowable investment credit.  See sec. 6231(a)(3);             
          sec. 301.6231(a)(3)-1(a)(1)(i), (vi)(A), 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.              
Page:  Previous   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   NextLast modified: May 25, 2011