- 6 - under section 704(d). Respondent argues that a partnership-level proceeding was not required to determine Mr. Gustin’s basis and to apply the loss limitations. Respondent states that he does not intend to issue an FPAA, that he can no longer make adjustments to partnership items for Annona’s 1997 tax year, that he accepts the partnership’s treatment of partnership items, and that partnership-level proceedings are completed when he accepts the partnership’s treatment of partnership items without adjustment. The instant case is similar to Roberts v. Commissioner, 94 T.C. 853 (1990). In Roberts, the Commissioner did not commence a partnership-level examination, did not issue an FPAA, and did not otherwise seek to adjust the partnership items reported on the partnerships’ returns. The notice of deficiency was issued on April 9, 1987, disallowing partnership losses claimed by the taxpayers because of alleged stop-loss agreements with third parties. See sec. 465(b)(4). On April 15, 1987, the period of limitations for assessing a tax attributable to any partnership item under section 6229(a) expired. On July 6, 1987, the taxpayers filed their petition and then filed a motion to dismiss for lack of jurisdiction. In Roberts v. Commissioner, supra at 861-862, we held that side agreements for purposes of the section 465 at-riskPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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