Ernest I. Korchak - Page 51

                                        - 51 -                                        
          See Solowiejczyk v. Commissioner, 85 T.C. 552 (1985), affd.                 
          without published opinion 795 F.2d 1005 (2d Cir. 1986); Barlow              
          v. Commissioner, T.C. Memo. 2000-339.                                       
               Petitioner contends that he should not be held liable for              
          the increased interest rate under section 6621(c) because he                
          invested in Madison with the intent to earn a profit.                       
          Respondent contends that we lack jurisdiction to determine                  
          whether petitioner is liable for the increased interest rate,               
          citing our Opinion in White v. Commissioner, 95 T.C. 209 (1990).            
          We agree with respondent.  As explained below, we lack both                 
          affected item jurisdiction under section 6230 and section                   
          6621(c)(4) jurisdiction to determine whether petitioner is                  
          liable for additional interest under section 6621(c).  See White            
          v. Commissioner, supra.                                                     
               1.   Affected Item Jurisdiction                                        
               An affected item is any “item to the extent such item is               
          affected by a partnership item.”  Sec. 6231(a)(5).  Affected                
          items are of two types.  The first type is a computational                  
          adjustment made to reflect a change in a partner’s tax liability            
          resulting from partnership-level adjustments.  Sec. 6231(a)(6);             
          N.C.F. Energy Partners v. Commissioner, 89 T.C. at 744.  The                
          Commissioner may assess a computational adjustment against a                
          partner without issuing a notice of deficiency once the                     
          partnership proceeding is completed.  Sec. 6230(a)(1); N.C.F.               






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

Last modified: May 25, 2011