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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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