Ernest I. Korchak - Page 47

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          (the prior partnership-level proceeding will be res judicata as             
          to partnership adjustments at an affected items proceeding).22              
               A determination of whether section 6659 may be applied to a            
          partner upon the resolution of a partnership proceeding                     
          nevertheless may require findings of fact peculiar to the                   
          taxpayer, including that the taxpayer is an individual, a                   
          closely held corporation, or a personal service corporation and             
          that the taxpayer’s underpayment attributable to an                         
          overstatement is at least $1,000.  See N.C.F. Energy Partners v.            
          Commissioner, supra at 746.  Petitioner, however, has failed to             
          present any evidence that would lead us to conclude his                     


               22Because Madison is a TEFRA partnership, the tax treatment            
          of any partnership item is determined at the partnership level              
          pursuant to the TEFRA provisions.  See secs. 6221 to 6233; see              
          also Sparks v. Commissioner, 87 T.C. 1279, 1284 (1986) (the TEFRA           
          provisions apply generally to partnerships for taxable years                
          beginning after Sept. 3, 1982).  Under the TEFRA provisions, the            
          tax treatment of partnership items is decided at the partnership            
          level in a unified partnership proceeding rather than in a                  
          separate proceeding for each partner.  Boyd v. Commissioner, 101            
          T.C. 365, 369 (1993).  Partnership items include, for example,              
          the partnership aggregate and each partner’s share of items of              
          income, gain, loss, deduction, or credit of the partnership, and            
          other amounts determinable at the partnership level with respect            
          to partnership assets, investments, transactions, and operations            
          necessary to enable the partnership or the partners to determine            
          the allowable investment credit.  See sec. 6231(a)(3); sec.                 
          301.6231(a)(3)-1(a)(1)(i), (vi)(A), Proced. & Admin. Regs.                  
          Affected items, i.e., items affected by the treatment of                    
          partnership items such as certain additions to tax and interest,            
          can only be assessed following the conclusion of the partnership            
          proceeding.  See secs. 6225(a), 6231(a)(5); White v.                        
          Commissioner, 95 T.C. at 211; N.C.F. Energy Partners v.                     
          Commissioner, 89 T.C. 741, 745 (1987); Maxwell v. Commissioner,             
          87 T.C. 783, 791 n.6 (1986).                                                





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