- 108 - Leasing II v. Commissioner, 97 T.C. 575, 576 (1991); Maxwell v. Commissioner, 87 T.C. 783, 787-788 (1986). Section 622622 authorizes the judicial review of FPAAs and provides in pertinent part: SEC. 6226(f) SCOPE OF JUDICIAL REVIEW.-A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all partnership items of the partnership for the partnership taxable year to which the notice of final partnership administrative adjustment relates and the proper allocation of such items among the partners. [Emphasis added.] Section 6231(a) defines the term “partnership item” as follows: (3) PARTNERSHIP ITEM.-The term “partnership item” means, with respect to a partnership, any item required to be taken into account for the partnership’s taxable year under any provision of subtitle A to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the partnership level than at the partner level. [Emphasis added.] As defined, partnership items can only be those items arising under subtitle A of the Internal Revenue Code. Section 22 The Taxpayer Relief Act of 1997 (Relief Act 1997), 111 Stat. 788, 1026, Pub. L. 105-34, sec. 1238(b)(1), amended sec. 6226(f) and expanded this Court’s jurisdiction in partnership level proceedings to include the applicability of “any penalty, addition to tax, or additional amount” related to the adjustment of a partnership item. This amendment to sec. 6226(f) is effective only for partnership taxable years ending after Aug. 5, 1997, and does not apply to the years at issue in the instant case. Relief Act 1997 sec. 1238(c), 111 Stat. 1027. Moreover, as noted supra note 21, sec. 6621(c) previously was repealed by the OBRA 1989, effective for taxable years the due date of the returns for which (determined without extensions) is after Dec. 31, 1989.Page: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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