- 6 - partnership proceeding”. (Emphasis added.)) established that respondent misled petitioner. These facts, however, do not override the mandate of section 6221 that “the tax treatment of any partnership item * * * shall be determined at the partnership level.” Maxwell v. Commissioner, 87 T.C. 783, 787-788 (1986). Respondent complied with the partnership audit and litigation procedures and, upon completion of the partnership- level proceeding, assessed a computational adjustment against petitioner. See secs. 6223, 6225(a)(2), 6230(a)(1), 6231(a)(6); Brookes v. Commissioner, 108 T.C. 1, 5 (1997). Petitioner had the opportunity, in the partnership-level proceeding, to challenge the partnership items, but he failed to do so. Accordingly, petitioner is precluded from challenging those items in this proceeding. See secs. 6221, 6226; Brookes v. Commissioner, supra at 5-7. Petitioner further contends that respondent’s determinations relating to this proceeding are untimely. We disagree. Respondent sent petitioner the notice of deficiency relating to this proceeding prior to the expiration of the period prescribed by section 6229(d). Sec. 6229(d)(1) and (2) (providing that the mailing of an FPAA suspends the running of the 3-year limitations period until 1 year after the Court’s decision relating to a partnership-level proceeding becomes final); Aufleger v.Page: Previous 1 2 3 4 5 6 7 8 Next
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