- 47 - (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).Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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