- 109 - 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.Page: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
Last modified: May 25, 2011