Anthony B. and Jill Serfustini - Page 2




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                         Additions to Tax                                             
               Year      Sec. 6653(a)(1)     Sec. 6653(a)(2)     Sec. 6661            
               1982           $450                *              $2,617               
               1983           25                  **             –--                  
                    *    50 percent of the interest due on $10,467.                   
                    **   50 percent of the interest due on $503.                      

               The issues for decision are:  (1) Whether, for 1982 and                
          1983, petitioners are liable for the additions to tax under                 
          section 6653(a)(1) and (2) for negligence, and (2) whether, for             
          1982, petitioners are liable for the addition to tax under                  
          section 6661 for a substantial understatement of tax.  The issues           
          in this case relate to the participation of Anthony B. Serfustini           
          (petitioner) as a limited partner in a partnership known as                 
          Blythe Jojoba II Research, Ltd. (Blythe II or the partnership).2            


               2    Petitioners have attempted to place at issue in this              
          case the underlying deficiencies attributable to partnership                
          losses they claimed during the years at issue.  As described                
          hereafter, the deficiencies determined by respondent in                     
          connection with Blythe II are partnership-level adjustments, sec.           
          6231(a)(3), that were upheld by this Court in the case of Utah              
          Jojoba I Research v. Commissioner, T.C. Memo. 1998-6.  This Court           
          has repeatedly held that it lacks jurisdiction, in a partner-               
          level proceeding involving nonpartnership items (which is the               
          case herein), to redetermine a deficiency, or any portion                   
          thereof, attributable to the tax treatment of a partnership item.           
          E.g., Saso v. Commissioner, 93 T.C. 730, 734 (1989); Maxwell v.             
          Commissioner, 87 T.C. 783, 788 (1986); see also Powell v.                   
          Commissioner, 96 T.C. 707, 712 (1991); Woody v. Commissioner, 95            
          T.C. 193, 208 (1990); Palmer v. Commissioner, T.C. Memo. 1992-              
          352, affd. 4 F.3d 1000 (11th Cir. 1993); English v. Commissioner,           
          T.C. Memo. 1990-662.                                                        
               Petitioners also contend that the issuance of the notices of           
          deficiency in this case was barred by the statute of limitations            
                                                             (continued...)           





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