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determining a $29,311.50 deficiency in their 1980 Federal income
tax and a $1,465.58 addition thereto under section 6653(a). The
1984 notice did not contain any adjustments related to Catamount
and did not assert an addition to tax under section 6659 with
respect to Catamount. Petitioners timely petitioned this Court
to redetermine the determinations reflected in the 1984 notice,
see Toan v. Commissioner, docket No. 26011-84 (Toans’ individual
case), and the Court entered a stipulated decision in that case
on December 9, 1988. The Toans’ individual case did not involve
any adjustments related to Catamount, and it did not involve the
addition to tax under section 6659 with respect to Catamount.
Discussion
Petitioners argue primarily that this Court’s decision in
the Toans’ individual case bars respondent from assessing for
1980 any additional amount; e.g., the disputed addition to tax
under section 6659 for that year. Petitioners assert that the
addition to their 1980 tax under section 6659 was not a
partnership item that was subject to the unified audit and
litigation procedures of the Tax Equity and Fiscal Responsibility
Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 324,
648, but had to be determined in the Toans’ individual case.
Alternatively, petitioners argue, any assessment under the 1980
notice is time barred under section 6501. Petitioners assert
that the addition to tax under section 6659 was an affected item
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