Rodney J. and Noreen E. Blonien - Page 14




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               On December 17, 1999, respondent sent petitioners an                   
          affected items notice of deficiency, determining a deficiency of            
          $11,826 for the year ended 1992; the basis for the deficiency was           
          Mr. Blonien’s distributive share of Finley Kumble’s COD income in           
          the amount of $36,3324 and a phaseout of itemized deductions                
          under section 68 of $1,817 resulting from the additional Finley             
          Kumble income.5  This amount of COD income is $880 less than Mr.            
          Blonien’s distributive share of Finley Kumble’s COD income shown            
          on the Schedule K-1 that Mr. Blonien received from Finley Kumble.           
          It appears that, in issuing the notice, respondent did not give             
          petitioners credit for the $2,000 of Finley Kumble COD income               
          reported on page 1 of their 1992 return.  It does not appear that           
          respondent made adjustments to petitioners’ tax liability for the           
          other items reported to Mr. Blonien on the Finley Kumble Schedule           
          K-1 and in the FPAA.                                                        


               4Presumably, respondent used the “affected items” procedure            
          to enable Mr. Blonien and other Finley Kumble partners to claim             
          that they need not recognize their respective shares of Finley              
          Kumble’s COD income, to the extent of their own insolvency.                 
          Sec. 108(a)(1)(B), (d)(6); see Overstreet v. Commissioner, T.C.             
          Memo. 2001-13, affd. in part and dismissed in part 33 Fed. Appx.            
          349 (9th Cir. 2002).  Petitioners did not claim in their petition           
          that they were insolvent.                                                   
               5In issuing the notice, respondent did not respond to the              
          invitation in sec. 6222(d) to determine an accuracy-related                 
          penalty against petitioners under sec. 6662(a) for taking a                 
          position on their individual return inconsistent with the                   
          position taken by Finley Kumble on its partnership return without           
          filing Form 8082 or otherwise explaining the basis for the                  
          inconsistency.                                                              





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