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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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