Crystal Beach Development of Destin Ltd. - Page 3




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          Background                                                                  
               On September 17, 1999, respondent issued a notice of final             
          partnership administrative adjustment (FPAA) to Crystal Beach               
          Development of Destin, Ltd. (the partnership) setting forth                 
          adjustments to the partnership's returns (Forms 1065) for 1995              
          and 1996.  Attached to the FPAA are:  (1) A schedule of                     
          examination changes which includes a statement that "Penalties or           
          additions to tax under IRC section 6662, which may be applicable            
          at the investor level, are being recommended in the examination             
          of the flow-through entity"; and (2) an "Explanation of Affected            
          Items" which states that "an addition to the tax is charged as              
          provided by Section 6662(a)".                                               
          Waters Edge Building Company, the partnership's tax matters                 
          partner, filed a timely petition for readjustment with the Court.           
          The petition includes allegations contesting the imposition of              
          the accuracy-related penalty.                                               
               As indicated, respondent filed a motion to dismiss for lack            
          of jurisdiction and to strike.  Respondent contends that the                
          Court lacks jurisdiction over the accuracy-related penalty in               
          this partnership-level proceeding on the ground that such penalty           
          is an "affected item" that can be reviewed only at the individual           
          partner level.  Respondent further contends that allegations                
          pertaining to such penalty should be stricken from the petition             
          for readjustment.                                                           





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Last modified: May 25, 2011