Ridge L. Harlan and Marjory C. Harlan - Page 3




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          distributive share of partnership gross income from the 1st-tier            
          partnership’s tax return.2                                                  
               Respondent determined deficiencies in individual income tax            
          and additions to tax under sections 6653(a) (negligence, etc.)              
          and 6661 (substantial understatement) against (1) petitioners               
          Ridge L. Harlan (hereinafter sometimes referred to as Ridge) and            
          Marjory C. Harlan (hereinafter sometimes referred to as Marjory)            
          (Ridge and Marjory are hereinafter sometimes referred to                    
          collectively as the Harlans) and (2) petitioners Theodore S.                
          Ockels (hereinafter sometimes referred to as Theodore) and                  
          Rosemarie G. Ockels (Theodore and Rosemarie G. Ockels are                   
          hereinafter sometimes referred to collectively as the Ockels) for           
          1985 as follows:                                                            






               2On brief, petitioners state that this is a jurisdictional             
          issue.  However, the instant cases are deficiency cases; thus,              
          the statute of limitations is an affirmative defense and not a              
          jurisdictional issue.  See sec. 7459(e); Rule 39; Davenport                 
          Recycling Associates v. Commissioner, 220 F.3d 1255, 1259-1260              
          (11th Cir. 2000), affg. T.C. Memo. 1998-347 (in deficiency cases,           
          assertion of the bar of the statute of limitations is an                    
          affirmative defense, not a jurisdictional question); Columbia               
          Building, Ltd. v. Commissioner, 98 T.C. 607, 611 (1992) (same);             
          compare Commissioner v. Lundy, 516 U.S. 235 (1996) (in refund               
          cases in the Tax Court, the statute of limitations is a                     
          jurisdictional question).                                                   
               Unless otherwise indicated, all Rule references are to the             
          Tax Court Rules of Practice and Procedure.                                  





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