Olsen-Smith, LTD., Smith-Olsen, PLC, Tax Matters Partner - Page 8

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          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, the            






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