Jaco L.C., Jay A. Odom, Tax Matters Partner - Page 7




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          contested at the individual partner level following the                     
          completion of partnership-level proceedings.  Crystal Beach Dev.            
          of Destin, Ltd. v. Commissioner, T.C. Memo. 2000-170.  We there             
          explained that the part of the Taxpayer Relief Act of 1997, Pub.            
          L. 105-34, section 1238(a), 111 Stat. 1026, which provides that             
          penalties for negligence will be determined in partnership-level            
          proceedings applies only prospectively for taxable years ending             
          after August 5, 1997.  Because of our lack of jurisdiction we               
          shall strike from the petition all references to                            
          penalties/additions to tax.                                                 
               To the extent that we have not addressed any of petitioner’s           
          arguments, we have considered them and find them to be without              
          merit.                                                                      


                                        An order will be issued                       
                                        granting respondent’s motion and              
                                        dismissing those parts of the case            
                                        pertaining to claims for refund of            
                                        overpayments to shareholders of the           
                                        partnership and pertaining to the             
                                        accuracy-related penalty under                
                                        section 6662(a).                              










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