Rodney J. and Noreen E. Blonien - Page 3




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          of partnership and affected items.  Respondent argues that we               
          lack jurisdiction to question Finley Kumble’s decision to treat             
          Mr. Blonien as a partner, and that Mr. Blonien was a partner.               
               We hold that we have no jurisdiction in this proceeding to             
          consider Mr. Blonien’s argument that he was not a partner in                
          Finley Kumble.  To the extent the determination would affect the            
          allocation of partnership items among the other partners, the               
          determination of who is a partner is a partnership item that must           
          be challenged at the partnership level.  Therefore, assessment of           
          the deficiency against petitioners for 1992 arising out of Mr.              
          Blonien’s share of Finley Kumble’s items is not barred by the               
          applicable statute of limitations.                                          
               We have jurisdiction in this deficiency proceeding to                  
          adjudicate the effect of Mr. Blonien’s share of partnership items           
          (determined at the partnership level) on petitioners’ tax                   
          liability.  The deficiency will be determined in accordance with            
          Rule 155.                                                                   
                                  FINDINGS OF FACT                                    
               The parties have stipulated some of the facts.  The                    
          stipulation of facts and the attached exhibits are incorporated             
          herein by this reference.  Petitioners lived in Elk Grove,                  
          California, when they filed their petition in this case.                    
               Mr. Blonien is an attorney who has been admitted to practice           
          law in California since 1972.                                               






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