Aron B. Katz and Phyllis A. Katz - Page 6




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          the NOL carryovers constitute “affected items” governed by the              
          unified audit and litigation procedures and that respondent has             
          failed to comply with those procedures by not first proceeding              
          against the relevant partnerships.                                          
               1.   TEFRA Procedures                                                  
               The unified audit and litigation procedures were enacted as            
          part of the Tax Equity and Fiscal Responsibility Act of 1982                
          (TEFRA), Pub. L. 97-248, sec. 401(a), 96 Stat. 648, and are                 
          commonly referred to as the TEFRA procedures.4  The TEFRA                   
          procedures provide a method for adjusting “partnership items” in            
          a single, unified partnership proceeding, rather than in separate           
          actions against each partner.  See sec. 6221.  In general, the              
          Commissioner is precluded from assessing a deficiency                       
          attributable to a partnership item until after the completion of            
          the partnership-level proceeding.  See sec. 6225(a).  The same              
          prohibition extends to the assessment of a deficiency                       
          attributable to an “affected item”, as the tax treatment of such            
          an item is dependent on the treatment of a partnership item.                
          E.g., Dubin v. Commissioner, 99 T.C. 325, 328 (1992); N.C.F.                
          Energy Partners v. Commissioner, 89 T.C. 741, 743-744 (1987);               
          Maxwell v. Commissioner, 87 T.C. 783, 792 (1986).  Accordingly, a           
          notice of deficiency issued prior to the completion of the                  


               4  The TEFRA procedures, effective for partnership taxable             
          years beginning after Sept. 3, 1982, have been amended since                
          their enactment and now constitute secs. 6221 through 6234.                 




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