Aron B. Katz and Phyllis A. Katz - Page 9




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          T.C. 198, 203 (1987).                                                       
               4.   Relevant Partnership Item Inquiry                                 
               The parties believe that our jurisdiction in this case turns           
          on whether the bankruptcy regulation operates upon the                      
          prepetition partnership losses.  Respondent argues that the                 
          regulation converts the prepetition partnership losses from                 
          partnership items to nonpartnership items, while petitioners                
          contend that such losses fall outside the scope of the                      
          regulation.  We, however, believe that the jurisdictional issue             
          before us is more appropriately resolved on other grounds.                  
          Respondent does not challenge the propriety of the prepetition              
          partnership losses.  Rather, respondent contends only that those            
          losses should have been reported by Mr. Katz’ bankruptcy estate             
          as opposed to Mr. Katz in his individual capacity.  Thus, even if           
          we assume that the bankruptcy regulation does not operate to                
          convert the prepetition partnership losses to nonpartnership                
          items,5 we are left with the issue of whether the manner in which           
          partnership items are allocated between a partner in bankruptcy             
          and the partner’s bankruptcy estate is a determination which,               
          pursuant to the TEFRA procedures, must be made at the partnership           
          level.  We therefore shall determine our jurisdiction based on              
          the resolution of this latter issue.                                        

               5  As the determination of whether the bankruptcy regulation           
          converts the prepetition partnership losses to nonpartnership               
          items is not necessary to our decision, we leave that                       
          determination for another day.                                              




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