Rodney J. Blonien and Noreen E. Blonien - Page 8

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          $7,482.17 (Finley Kumble’s total COD income of $55,777,452,                 
          multiplied by petitioner’s 0.0170-percent interest in Finley                
          Kumble’s profits and losses, minus the $2,000 credit for the COD            
          income actually reported by petitioners on their return).                   
               Respondent argues the Court lacks jurisdiction to review               
          the allocation of COD income to petitioner because such                     
          allocation is a partnership item that could only have been raised           
          in the prior TEFRA proceeding.  Respondent also argues                      
          petitioners are raising new issues in the Rule 155 computation.             
               We hold, pursuant to our opinion in Blonien v. Commissioner,           
          118 T.C. 541 (2002), that the Court does not have jurisdiction to           
          consider the proper methodology to allocate Finley Kumble COD               
          income to petitioner because such allocation is a partnership-              
          level item that was determined in the partnership-level TEFRA               
          proceeding.  Moreover, petitioners’ objection to respondent’s               
          computation is an attempt to raise a new issue we would not                 
          address at this stage of the proceedings even if we did have                
          jurisdiction.                                                               
               a.  Jurisdiction To Review Method Used To Compute                      
               and Allocate COD Income                                                
               We agree with respondent that we have no jurisdiction to               
          consider the allocation of COD income to petitioner because such            
          allocation is a partnership item.  We have no jurisdiction to               
          consider partnership items in a partnership-level deficiency                







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