-8- that those instructions neither require nor permit the consideration of any information concerning indirect partners, respondent asserts, the Court may not in this proceeding look through the two tiers of passthrough entities connected to LTD and identify LTD’s indirect partners. We begin our analysis with section 6231(a)(3). That section provides that a partnership item is “any item required to be taken into account for the partnership’s taxable year under any provision of subtitle A to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the partnership level than at the partner level.” Thus, in accordance with this section, the Court will have jurisdiction over the disputed issue (in that it will be a partnership item) if we find that a reporting of LTD’s ordinary income as NESE is (1) an item required to be taken into account for LTD’s 1999 taxable year under a provision of subtitle A and (2) an item that the regulations provide is more appropriately determined at the partnership level than at the partner level. We do not make either finding. Subtitle A did not require that LTD determine dispositively the amount of its ordinary income that was NESE. Subtitle A requires that a partnership separately state the amount of income that may affect partners differently, or as applicable here, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011