- 10 - 5. Maxwell Line of Cases Since the parties agree that the primary questions are items that are not before us in this proceeding, we will not concern ourselves with our jurisdiction to determine those items. We consider only our jurisdiction to determine the affected items. As noted above, petitioner relies upon N.C.F. Energy Partners v. Commissioner, 89 T.C. 741 (1987), Maxwell v. Commissioner, 87 T.C. 783 (1986), and Gillilan v. Commissioner, T.C. Memo. 1993-366, to support its argument that we have no jurisdiction over the affected items. In Maxwell, we were confronted with a notice of deficiency that was based on adjustments, some of which were unrelated to a partnership and some of which were “affected items” within the meaning of section 6231(a)(5). We granted respondent’s motion to dismiss the affected items for lack of jurisdiction. Our dismissal was based on an analysis of the statutory scheme for dealing with TEFRA partnerships. That statutory scheme contemplated full resolution of partnership items, at the partnership-level proceeding, before there could be any partner- level action, such as a notice of deficiency, based on affected items. Maxwell did not explicitly state that the notice of deficiency was invalid as to the affected items, but that appears to be the only logical conclusion. For example, if the notice had been valid as to affected items and the petition had beenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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