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determinations. See sec. 6230(a)(1); sec. 301.6231(a)(6)-1T,
Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790 (Mar. 5,
1987).
3. Nature of the Items in Issue
Two mixed questions of law and fact underlie respondent’s
hypotheses about this case: Was the putative partnership an
actual partnership, and, if so, did the transferors transfer the
property to the partnership in exchange for interests in the
partnership? Those two questions also underlie the related
partnership case, Rhone-Poulenc Surfactants & Specialties, L.P.,
v. Commissioner, 114 T.C. __ (2000). In the partnership case,
GAF Chemicals and the Commissioner are in agreement that the
primary questions constitute partnership items.7
7Regulations authorized by sec. 6233 provide:
Sec. 301.6233-1T. Extension of entities filing
partnership returns, etc. (Temporary).–-(a) Entities
filing a partnership return. Except as provided in
paragraph (d)(1) of this section, the provisions of
subchapter C of chapter 63 of the Code (“subchapter C”)
and the regulations thereunder shall apply with respect
to any taxable year of an entity for which such entity
files a partnership return as well as to such entity’s
items for that taxable year and to any person holding
an interest in such entity at any time during that
taxable year. Any final partnership administrative
adjustment or judicial determination resulting from a
proceeding under subchapter C with respect to such
taxable year may include a determination that the
entity is not a partnership for such taxable year as
well as determinations with respect to all items of the
entity which would be partnership items, as defined in
(continued...)
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