- 11 - allocated among the partners is a determination which this Court may make in the course of a partnership-level proceeding: SEC. 6226(f). Scope of Judicial Review.–-A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all partnership items of the partnership for the partnership taxable year to which the notice of final partnership administrative adjustment relates, the proper allocation of such items among the partners, and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to a partnership item. [Emphasis added.] Since the allocation of partnership items among the partners may be resolved at the partnership level, it follows that such allocation is itself a partnership item under the TEFRA procedures. See Rule 240(b)(2) (defining a “partnership action” as an “action for readjustment of partnership items” under section 6226); see also H. Conf. Rept. 97-760, at 611 (1982), 1982-2 C.B. 600, 668 (stating that “Neither the Secretary nor the taxpayer will be permitted to raise nonpartnership items in the course of a partnership proceeding”). While we agree with petitioners that the manner in which partnership items are allocated among the partners is a determination that must be resolved at the partnership level, we note that respondent is not seeking to allocate the prepetition partnership losses from Mr. Katz to one or more other partners of record in the subject partnerships. Rather, respondent questions the allocation of partnership losses between one partner of record and that partner’s bankruptcy estate. Accordingly, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011