GAF Corporation and Subsidiaries - Page 11




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          timely (the petition was timely in Maxwell), we would have had                
          jurisdiction.  Once we acquire jurisdiction over a deficiency,                
          subsequent events do not affect our jurisdiction.  See Dorl v.                
          Commissioner, 57 T.C. 720 (1972); Main-Hammond Land Trust v.                  
          Commissioner, 17 T.C. 942, 956 (1951), affd. 200 F.2d 308 (6th                
          Cir. 1952).                                                                   
               Opinions subsequent to Maxwell explicitly state that we lack             
          jurisdiction over affected items in a notice of deficiency that               
          was issued prior to the completion of the related TEFRA                       
          partnership proceedings because, to the extent the notice is                  
          based on affected items, such a notice is invalid.  In Frazell v.             
          Commissioner, 88 T.C. 1405 (1987), the Commissioner issued a                  
          notice of deficiency for 1982 that was dependent upon                         
          partnership-level adjustments.  The taxpayer moved to dismiss for             
          lack of jurisdiction because the TEFRA partnership procedures had             
          not been followed.  We framed the issue as follows:                           
                    We must decide whether ACTF was a partnership for                   
               Federal income tax purposes prior to 1983.  If it was,                   
               and if it had a 1982 taxable year beginning after                        
               September 3, 1982, then we must grant petitioners’                       
               cross-motion to dismiss for lack of jurisdiction                         
               because respondent has not complied with the                             
               partnership audit and litigation procedures (sec. 6221                   
               et seq.), and the notice of deficiency would be                          
               invalid.  Maxwell v. Commissioner, 87 T.C. 783 (1986);                   
               sec. 301.6221-1T(a), Temp. Proced. & Admin. Regs., 52                    
               Fed. Reg. 6781 (Mar. 5, 1987). * * *[Id. at 1411;                        
               emphasis added.]                                                         








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