17 Additionally, the determination of whether the corporation before us should be respected for Federal tax purposes has no impact on the partnerships, their books and records, or any other aspect of the partnerships. The determination also has no impact upon the amount or character of a distribution, or percentage of the other partners’ interests in the partnerships. The determinations’ sole impact is on the liability for self- employment tax and related penalties. A determination of the identity of the partners in GTWP and TWA is not a partnership item under this section of the regulations. There are circumstances in which the determination of the status of a partner is a partnership item. In Blonien v. Commissioner, 118 T.C. 541 (2002), for example, we held that a determination that an individual was a partner in a partnership was a partnership item because such determination affected the distributive shares of the other partners. See also Oceanic Leasing v. Commissioner, T.C. Memo. 1996-458. A determination of this nature is more appropriately made at the partnership level because it alters the number of partners and decreases the distributive shares of the other partners. Conversely, resolution of the issue in this case does not change the number of partners, their allocable shares, or in any way affect the partnership or the other partners. Under the circumstances of this case, we hold that a determination that the partners of record were not the true andPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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