- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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