Crop Associates-1986, Frederick H. Behrens, Tax Matters Partner - Page 53




                                       - 53 -                                         
          6621(c) as a sanction against the IRS for its district counsel’s            
          misconduct in the trial of the test cases.  The Court’s sanction            
          was based on its finding that the IRS’ misconduct in the trial of           
          the test cases had caused a substantial delay in resolution of              
          the cases.  Id.  In the current case, there are no time-sensitive           
          additions to tax or increased interest at issue.  A change in the           
          tax liability of a partner to reflect properly the treatment of a           
          partnership item under subchapter C is made through a                       
          computational adjustment.  See sec. 6231(a)(6).  A computational            
          adjustment includes any interest due with respect to any                    
          underpayment attributable to adjustments to reflect properly the            
          treatment of partnership items.  See sec. 301.6231(a)(6)-1T(b),             
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790, 6791                   
          (March 5, 1987).  Such interest, however, is not a partnership              
          item.  See sec. 301.6231(a)(3)-1, Proced. & Admin. Regs.  We have           
          no jurisdiction in a partnership proceeding to abate interest.              
          See sec. 6226(f).  In certain cases, Congress has provided for              
          the abatement of interest.  See sec. 6404(i) (establishing                  
          jurisdiction in Tax Court to review denials of requests to abate            
          interest in certain cases).  The prerequisites of section 6404(i)           
          have not here been met.                                                     
               Therefore, we shall deny the motion in its entirety.                   

                                                  An appropriate order                
                                             will be issued.                          





Page:  Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  

Last modified: May 25, 2011