GAF Corporation and Subsidiaries - Page 25




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                    IV.  Conclusion                                                                                                                                       
                              Congress enacted the TEFRA partnership provisions to                                                                                        
                    separate the determination of partnership items from the                                                                                              
                    determination of nonpartnership items.  Nevertheless, it bears                                                                                        
                    remembering that the partnership pays no tax, and it is the                                                                                           
                    partners’ tax liabilities that are at stake.  The partners are                                                                                        
                    obligated to pay the correct tax and are entitled to contest any                                                                                      
                    computational adjustment requiring partner-level determinations                                                                                       
                    in this Court.  Without a clear indication of congressional                                                                                           
                    purpose, we should not construe the statute so as to allow the                                                                                        
                    partners to avoid a computational adjustment that ultimately may                                                                                      
                    prove to be justified on the merits.  I would overrule Maxwell v.                                                                                     
                    Commissioner, 87 T.C. 783 (1986), and the cases that have                                                                                             
                    followed it, to the extent that they hold that we lack subject                                                                                        
                    matter jurisdiction to redetermine a deficiency in tax                                                                                                
                    attributable to affected items until the related partnership                                                                                          
                    proceeding (if any) is completed.                                                                                                                     
                              WHALEN and BEGHE, JJ., agree with this dissent.                                                                                             
















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