River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 20

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          6621(c), however, is within subtitle F, not subtitle A.                      
          Affiliated Equip. Leasing II v. Commissioner, supra 577-578.  In             
          contrast to a partnership item, an “affected item” is “any item              
          to the extent such item is affected by a partnership item.”  Sec.            
          6231(a)(5).  Thus, section 6621(c) interest is an “affected                  
          item”, because a taxpayer-partner’s liability for such interest              
          may require findings of fact peculiar to a particular partner.               
          Affiliated Equip. Leasing II v. Commissioner, supra at 578;                  
          N.C.F. Energy Partners v. Commissioner, 89 T.C. 741, 744-746                 
          (1987) (noting that section 6621(c)’s applicability also turns on            
          the amount of a taxpayer’s underpayment attributable to a tax-               
          motivated transaction).  Affected items of this type, because                
          they depend on partnership level determinations, are by                      
          definition not partnership items and cannot be determined in a               
          partnership level proceeding.  Affiliated Equip. Leasing II v.               
          Commissioner, supra at 578; N.C.F. Energy Partners v.                        
          Commissioner, supra at 743-745.  Accordingly, the Tax Court lacks            
          jurisdiction in this partnership level proceeding to decide the              
          applicability of section 6621(c) interest.                                   
               To reflect our holdings with respect to Issues 1 through 3              
          and the concessions of the parties,                                          
                                              Appropriate orders and                   
                                        decisions will be entered under                
          Rule 155.                                                                    






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