- 2 - 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...)Page: 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