Crystal Beach Development of Destin Ltd. - Page 8




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          individual partner level following the completion of partnership-           
          level proceedings.                                                          
               The Court agreed with the Commissioner that the additions to           
          tax in question were affected items that could not be raised in             
          the partnership-level proceedings.  With regard to additions to             
          tax for negligence, the Court stated in pertinent part:                     
               a partner will be liable for the addition to tax for                   
               negligence pursuant to section 6653(a) if he has an                    
               underpayment of tax some part of which is due to                       
               negligence.  The existence of an underpayment of tax at                
               the partner level cannot be made until the partner's                   
               share of distributable items of income, loss,                          
               deduction, and credit is determined in the partnership                 
               level proceeding.  Once the partnership level                          
               proceeding ends, however, the factual question of                      
               whether any part of the underpayment was due to the                    
               partner's negligence must be answered at the partner                   
               level.                                                                 
          N.C.F. Energy Partners v. Commissioner, supra at 744-745.                   
               However, in the Taxpayer Relief Act of 1997, Pub. L. 105-34,           
          sec. 1238(a), 111 Stat. 1026, Congress amended section 6221 to              
          provide that the applicability of any penalty, addition to tax,             
          or additional amount which relates to an adjustment to a                    
          partnership item shall be determined at the partnership level.              
          H. Conf. Rept. 105-220, at 685 (1997), states in pertinent part:            
                                     Present Law                                      
                    Partnership items include only items that are                     
               required to be taken into account under the income tax                 
               subtitle.  Penalties are not partnership items since                   
               they are contained in the procedure and administration                 
               subtitle.  As a result, penalties may only be asserted                 
               against a partner through the application of the                       





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