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proceeding. Id. at 550-552; GAF Corp. v. Commissioner, 114 T.C.
519 (2000); Maxwell v. Commissioner, 87 T.C. 783 (1986).
Items determined at the partnership level include the amount
of, and each partner’s distributive share of, partnership items
of income. Dakotah Hills Offices Ltd. Pship. v. Commissioner,
T.C. Memo. 1996-35; sec. 301.6231(a)(3)-1(a)(1), (4), Proced. &
Admin. Regs.
The amount of Finley Kumble’s COD income and each partner’s
share of such COD income are partnership items. See sec.
301.6231(a)(3)-1(a)(1), Proced. & Admin. Regs. The first and
second steps of respondent’s allocations to petitioner of his
distributive share of COD income are items determined at the
partnership level.
The decision on the method of allocating partnership income
is a partnership-level determination. The allocation and
computation of COD income to petitioner under the two-step
process must be and was determined at the partnership level
because it affects the allocation of the remaining COD income to
all the other partners.
We do not have jurisdiction to review the method used to
compute and allocate Finley Kumble COD income to petitioner.
b. New Issue in a Rule 155 Proceeding
Generally, new issues may not be raised in a Rule 155
proceeding. Rule 155(c); Harris v. Commissioner, 99 T.C. 121,
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