- 14 - 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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011