Rodney J. and Noreen E. Blonien - Page 28




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                    If a computational adjustment results in a                        
               deficiency in a partner's tax, the partner is accorded                 
               the right to challenge the adjustment pursuant to the                  
               deficiency procedures provided for in subtitle F,                      
               chapter 63, subchapter B of the Internal Revenue Code                  
               only if and to the extent the change in the partner's                  
               tax liability cannot be made without making one or more                
               partner-level determinations.  See sec. 6230(a)(1);                    
               sec. 301.6231(a)(6)-1T, Temporary Proced. & Admin.                     
               Regs., 52 Fed. Reg. 6790 (Mar. 5, 1987).                               
          Therefore, we have jurisdiction in this proceeding to determine             
          the effect of the Finley Kumble partnership-level allocations on            
          petitioners’ tax liability to the extent the change in                      
          petitioners’ tax liability resulting from the partnership-level             
          allocations requires partner-level determinations.                          
               Determining whether the assessment of the deficiency is                
          timely under the applicable statute of limitations requires a               
          partner-level determination of the timeliness of respondent’s               
          assessment with respect to each partner in the partnership.                 
          Similarly, determining whether respondent gave petitioners credit           
          for the income recognized on their return in computing their                
          deficiency and determining the effect of the additional Finley              
          Kumble income on the phaseout of itemized deductions under                  
          section 68(a)10 may require partner-level determinations.  We               

               10Because the phaseout of itemized deductions under sec.               
          68(a) is computational and does not require any special partner-            
          level factual determinations, it appears that respondent could              
          have assessed the affected item adjustment as computational                 
          without following the deficiency procedures of ch. 63, subch. B             
          of the Internal Revenue Code.  See sec. 301.6231(a)(6)-1T(a),               
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790 (Mar. 5,                
                                                             (continued...)           





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