- 12 - partner, without the superfluous step of conducting a partnership proceeding”. Id. at 557. A partner’s basis in his partnership interest is an affected item. Sec. 301.6231(a)(5)-1T(b), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790 (Mar. 5, 1987). Our normal deficiency procedures apply to “any deficiency attributable to * * * affected items which require partner level determinations”. Sec. 6230(a)(2)(A)(i). Since a partner’s basis in a partnership interest may require determinations at the partner level, deficiencies attributable to adjustments to basis must be made at the partner level. See Dial USA, Inc. v. Commissioner, 95 T.C. 1, 5-6 (1990). In the notice of deficiency, respondent determined: “Since your distributive share of the partnership loss is limited to the extent of your adjusted basis, we have disallowed the amount in excess of your basis [$36,000], as shown.” Respondent’s determination is based on an adjustment to Mr. Gustin’s basis in his partnership interest, an affected item. Mr. Gustin’s partnership loss is affected by partnership items; however, basis is not itself a partnership item and can be the appropriate subject of deficiency proceedings. In this case, respondent acknowledges that he cannot make an adjustment to a partnership item, and he accepts the partnership return as filed. The treatment of partnership items on Annona’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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