- 13 - 1997 partnership return is final and binding on both respondent and petitioners. However, that does not present itself as a jurisdictional issue where, as here, the only adjustments stated are to affected items.6 We hold that the notice of deficiency based on affected items is valid where an administrative partnership-level proceeding has not been initiated and respondent is bound by the partnership’s treatment of partnership items. We hold that we have jurisdiction to redetermine the deficiency for petitioners’ 1997 tax year. An appropriate order will be issued. 6Petitioners contend that the determination of basis will require an examination of Annona’s books and records and that this involves a determination of partnership items, which requires partnership-level proceedings. We rejected the same argument in Roberts v. Commissioner, 94 T.C. at 862, stating: Nothing in the TEFRA partnership provisions indicates that we cannot analyze documents and records at the partnership level in a deficiency proceeding. We lack jurisdiction only to redetermine partnership items that the partnership was required to take into account at the partnership level. Sec. 6231(a)(3). In the absence of a partnership proceeding, those matters are considered final at the partnership level. * * * [Emphasis added; fn. ref. omitted.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
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