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4. Arguments of the Parties
Petitioner, consistent with GAF Chemicals’ position in the
partnership case, argues that the primary questions are
partnership items or, at the very least, items that must be
resolved in a partnership-level proceeding.8 Respondent’s
position is substantially the same. The parties are also in
agreement that the remaining questions present nonpartnership
items that are affected items requiring partner-level
determinations (the affected items). See sec. 6230(a)(2).
The parties differ over whether this Court may consider the
affected items before the seminal partnership items have been
resolved at the partnership level. Because such resolution has
not yet occurred, petitioner alleges that this Court lacks
jurisdiction over this case.
7(...continued)
section 6231(a)(3) and the regulations thereunder, if
such entity had been a partnership in such taxable
year* * * [Sec. 301.6233-1T, Temporary Proced. &
Admin. Regs., 50 Fed. Reg. 39998 (Oct. 1, 1985).]
Sec. 301.6231(a)(3)-1(a)(4)(i), Proced. & Admin. Regs.,
provides that the term “partnership item” includes “contributions
to the partnership.”
8GAF Chemicals, petitioner in the partnership case, is a
subsidiary of the petitioner in this case. Since both
corporations are members of the affiliated group, we assume that
they have a common interest. Thus, we attribute the position of
GAF Chemicals in the partnership case to petitioner.
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