Aron B. Katz and Phyllis A. Katz - Page 11




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          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, the              





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