- 3 - 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.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