- 3 - personal service income and were subject to self-employment tax. Petitioners duly petitioned this Court to redetermine the determined deficiencies in their 1997 and 1998 income taxes. Before the scheduled trial in the instant case, this Court issued its decision in Grigoraci v. Commissioner, T.C. Memo. 2002-202 (Grigoraci I), involving similar issues relating to petitioners’ 1996 taxable year.2 In Grigoraci I, this Court concluded, among other things, that the self-employment tax determined by respondent, insofar as it was attributable to self- employment tax on the S corporation’s distributive share of GTWP’s income, was an “affected item” requiring a “partner-level determination” pursuant to section 6230(a)(2). Because the notice of deficiency in Grigoraci I was issued before the close of the partnership proceedings, this Court dismissed for lack of jurisdiction so much of petitioners’ case as related to that affected item.3 Id. 2 The trial in Grigoraci I took place in April 2001 before petitioners filed their petition in the instant case, which apparently explains why the instant case was not consolidated with the three dockets that were consolidated in Grigoraci I. 3 In Grigoraci I, unlike the instant case, the deficiency determined by respondent was also partly attributable to self- employment tax on wages that the S corporation had reported paying to Mr. Grigoraci. In Grigoraci I, this Court held that this discrete portion of the deficiency was not attributable to an “affected item” and that consequently this Court had jurisdiction to review it pursuant to sec. 6213. This Court held (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011