GAF Corporation and Subsidiaries - Page 6




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          741 (1987); Maxwell v. Commissioner, 87 T.C. 783 (1986); and                  
          Gillilan v. Commissioner, T.C. Memo. 1993-366.5                               
                    2.  Partnership Items, Nonpartnership Items, Affected               
                    Items, and Computational Adjustments                                
               The terms “partnership item”, “nonpartnership item”,                     
          “affected item”, and “computational adjustment” are terms of art.             
          They are defined in section 6231(a)(3), (4), (5), and (6),                    
          respectively, as follows:                                                     
               The term “partnership item” means, with respect to a                     
               partnership, any item required to be taken into account                  
               for the partnership’s taxable year under any provision                   
               of subtitle A to the extent regulations prescribed by                    
               the Secretary provide that, for purposes of this                         
               subtitle, such item is more appropriately determined at                  
               the partnership level than at the partner level.                         
               The term “nonpartnership item” means an item which is                    
               (or is treated as) not a partnership item.                               
               The term “affected item” means any item to the extent                    
               such item is affected by a partnership item.                             
               The term “computational adjustment” means the change in                  
               the tax liability of a partner which properly reflects                   
               the treatment under this subchapter of a partnership                     
               item.  * * *                                                             
          Section 6231 is one of a group of provisions concerning the tax               
          treatment of partnership items that was added to the Code by the              
          Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L.             

               5Petitioner’s alternative ground is that this proceeding is              
          time barred by sec. 6501(a).  The same ground was raised in the               
          partnership case.  See Rhone-Poulenc Surfactants & Specialties,               
          L.P., v. Commissioner, 114 T.C. __ (2000).  Because of our                    
          holding that we lack jurisdiction, we need not address                        
          petitioner’s alternative ground.                                              





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