Rodney J. and Noreen E. Blonien - Page 24




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          position with respect to Mr. Blonien’s share of items from                  
          Whitman & Ransom that was inconsistent with Whitman & Ransom’s              
          return.                                                                     
               If a partner takes a position on his return inconsistent               
          with the partnership’s position on its return and properly files            
          a Form 8082 calling attention to the inconsistency, the                     
          Commissioner has the option of (1) converting all partnership               
          items arising from that partnership into nonpartnership items and           
          resolving them at the partner level by so notifying the partner             
          under section 6231(b)(1)(A), or (2) determining the items at the            
          partnership level while allowing the inconsistent treatment                 
          pending the conclusion of the partnership-level proceedings.                
          Sec. 301.6222(b)-2T(a), Temporary Proced. & Admin. Regs., 52 Fed.           
          Reg. 6782 (Mar. 5, 1987).                                                   
               A partner who receives a Schedule K-1 and fails to notify              
          the Commissioner of inconsistent treatment by filing a Form 8082            
          is bound by the partnership’s position on its return.  The                  
          Commissioner may make a computational adjustment (without                   
          following the deficiency procedures) to make the partner’s return           
          consistent with the partnership’s return.  Sec. 6222(c); sec.               
          301.6222(b)-2T(a), Temporary Proced. & Admin. Regs., supra.                 
               On no return that is part of the record in this case did               
          petitioners notify respondent that Mr. Blonien was not a partner.           
          Petitioners led respondent to believe that Mr. Blonien was a                






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