Aron B. Katz and Phyllis A. Katz - Page 7




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          partnership-level proceeding is invalid to the extent it relates            
          to a partnership item or an affected item.  See GAF Corp. v.                
          Commissioner, 114 T.C. 519, 524-526 (2000).                                 
               No FPAA was issued by respondent and no partnership-level              
          proceedings have been commenced regarding the prepetition                   
          partnership losses in the present case.  Accordingly, if the NOL            
          carryovers at issue constitute affected items as petitioners                
          contend, we must grant the motion to dismiss on the basis that              
          the notice of deficiency is invalid as it relates to those items.           
          With this procedural framework in mind, we turn to the issue of             
          whether the NOL carryovers may be properly characterized as                 
          affected items under the TEFRA procedures.                                  
               2.   Definition of Affected Item and Partnership Item                  
               Section 6231(a)(5) defines an “affected item” as any item to           
          the extent such item is affected by a partnership item.  See also           
          N.C.F. Energy Partners v. Commissioner, supra at 743-745; Maxwell           
          v. Commissioner, supra at 792-793; sec. 301.6231(a)(5)-1T,                  
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790 (Mar. 5,                
          1987).  Section 6231(a)(3) defines the term “partnership item” as           
          any item required to be taken into account for the partnership’s            
          taxable year, to the extent the regulations establish that such             
          item is more appropriately determined at the partnership level              
          than at the partner level.  The regulations include in the                  
          definition of a partnership item each partner’s share of items of           






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