Crop Associates-1986, Frederick H. Behrens, Tax Matters Partner - Page 24




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          in separate proceedings with each partner.  See, e.g., sec. 6221;           
          H. Conf. Rept. 97-760 (1982), supra at 599, 1982-2 C.B. 662.4               
               Our role in a subchapter C proceeding is limited by section            
          6226(f) to the determination and allocation of partnership items.           
          Section 6226(f) provides:                                                   
                    A court with which a petition is filed in                         
               accordance with this section shall have jurisdiction to                
               determine all partnership items of the partnership for                 
               the partnership taxable year to which the notice of                    
               final partnership administrative adjustment relates and                
               the proper allocation of such items among the partners.                
          We have no authority under section 6226(f) to determine any                 
          affected item or the tax liability of any partner.5  See, e.g.,             
          Crop Associates-1986 v. Commissioner, 113 T.C. 198 (1999).  In              
          Dynamic Energy, Inc. v. Commissioner, 98 T.C. 48 (1992), an                 
          entity level proceeding involving an S corporation, we held that            
          we lacked jurisdiction in such a proceeding to consider a defense           
          arising at the shareholder level and personal to the wife of a              
          shareholder.  We have held similarly in subchapter C proceedings.           


               4  A “partnership item” is any item required to be taken               
          into account for the partnership’s taxable year to the extent               
          that the regulations provide that such item is more appropriately           
          determined at the partnership level rather than at the partner              
          level.  Sec. 6231(a)(3).  A “nonpartnership item” is any item               
          which is not, or is not treated as, a partnership item.  See sec.           
          6231(a)(4).  An “affected item” means any item to the extent that           
          such item is affected by a partnership item.  See sec.                      
          6231(a)(5).                                                                 
               5  See sec. 6230(a)(2), describing situations in which the             
          deficiency procedures provided for in subchapter B, chapter 63,             
          subtitle F of the Code will apply to deficiencies attributable to           
          affected items.                                                             





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