-11- We also consider it inappropriate to opine on the hypothetical potential adjustments that respondent might propose if any of the three individuals was in fact a partner of LTD. Nor do we conclude that LTD’s reporting of its ordinary income as NESE is an item that the regulations provide is more appropriately determined at the partnership level than at the partner level. Section 301.6231(a)(3)-1, Proced. & Admin. Regs., lists those items that are partnership items because they are more appropriately determined at the partnership level. In relevant part, that list includes a partnership’s characterization of its items of income, credit, gain, loss, or deduction. As discussed above, LTD was not required at the partnership level to characterize the amount of its ordinary income that was in fact NESE. LTD was required at that level to determine the entity status of its three direct partners and to report perfunctorily its ordinary income as NESE except to the extent that the ordinary income was allocated to a direct partner that was a limited partner, estate, trust, corporation, exempt organization, or IRA. LTD was not required to determine the identity of its indirect partners, and it was not required to determine whether any member of those indirect partners was itself a passthrough entity. LTD also was not required to determine the ultimate recipients of its ordinary income. Each of these matters that LTD was not required to determine had noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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