Barry and Carolina Gustin - Page 12




                                       - 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’s            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011