- 15 - have no effect on the remaining partners. The subdivision of partnership tax items between the two related but independently taxed entities is thus not a determination “required to be taken into account for the partnership’s taxable year” as contemplated by section 6231(a)(3). 5. Conclusion as to Jurisdictional Issue We hold that the manner in which the distributive share of a partner in bankruptcy is allocated between the partner in his individual capacity and his bankruptcy estate is not a partnership item under the TEFRA procedures. Accordingly, the merits of such an allocation need not be resolved in a partnership-level proceeding, but rather may be resolved in a proceeding at the partner level such as the present one.10 Petitioners’ motion to dismiss for lack of jurisdiction shall be denied. B. Parties’ Cross-Motions for Summary Judgment The parties have each moved for summary judgment with respect to whether the prepetition partnership losses were to be reported by Mr. Katz or his bankruptcy estate. Summary judgment may be granted only if it is demonstrated that no genuine issue exists as to any material fact and that a decision may be entered 10 We note that our holding is consistent with Gulley v. Commissioner, T.C. Memo. 2000-190, which addressed in a partner- level proceeding the proper allocation of partnership losses between a taxpayer in bankruptcy and the taxpayer’s bankruptcy estate. The jurisdictional issue, however, was not addressed in that case.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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