Jaco L.C., Jay A. Odom, Tax Matters Partner - Page 5




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          describes situations in which the deficiency procedures provided            
          for in subchapter B, chapter 63, subtitle F of the Code will                
          apply to deficiencies attributable to affected items.                       
               This Court has held that in a partnership level proceeding             
          we lack jurisdiction over issues relating to affected items.  We            
          further held that those issues are to be resolved in separate               
          proceedings involving the partners after the partnership level              
          proceeding has been completed either as a matter of computational           
          adjustment or as the subject of subsequent notices of                       
          deficiencies to the partners pursuant to section 6230(a).  N.C.F.           
          Energy Partners v. Commissioner, 89 T.C. 741, 746 (1987).                   
          Petitioner in its Notice of Objection has conceded that                     
          correction of partnership items generates overpayments that are             
          affected items within the meaning of section 6231(a)(5).  We                
          agree.  For the foregoing reasons, we conclude that this Court              
          does not have jurisdiction in this partnership level proceeding             
          over affected items such as the alleged overpayments in question            
          and the refund of such alleged overpayments.                                
               We note that after the Tax Court enters its decision in this           
          case and if it decides there is a casualty loss greater than that           
          claimed on the partnership return and the allocation thereof, the           
          statute contemplates that the individual partners should not have           
          to file claims for refund.  That is, in the case of any                     
          overpayments by a partner attributable to a partnership item or             






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