- 44 - partnership property from each of the sheep partnerships. Petitioners rely on Jay Hoyt’s Federal conviction and three Oregon statutes that are similar to the Federal criminal statutes Jay Hoyt was convicted of violating as proof of the occurrence of a theft from the partnerships. On the premise that Jay Hoyt’s conviction establishes a theft from the individual investors, petitioners claim that the partnerships were the victims of Jay Hoyt’s theft, because “a theft from all the partners, is a theft from the partnerships.” Finally, petitioners cite various cases for propositions that they assert establish a theft from the partnerships. The Court is mindful that throughout all of petitioners’ arguments dealing with a theft loss, they treat “partners” and “partnerships” as the same, making no clear distinction between these terms. As set forth infra pp. 51-55, a clear distinction exists under both California and Nevada law. Further, a distinction between partners and partnerships exists under Federal law. See sec. 6226. Because all the partnerships at issue are subject to the provisions enacted in the Tax Equity & Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 648, our jurisdiction is limited exclusively to the determination of the tax treatment of partnership items for the partnership year to which the FPAA relates. See sec. 6226; infra pp. 108-109. WePage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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