-12- effect on LTD, its books or records, or any other aspect of the partnership. Cf. Hambrose Leasing v. Commissioner, supra at 311. While petitioner argues that it believes that LTD did not have an indirect partner who was an individual, the finding of a partnership item does not hinge on whether the item is determinable from information actually available at the partnership level. That finding turns on whether the partnership is required to make a determination of the item. See Dakotah Hills Offices Ltd. Pship. v. Commissioner, T.C. Memo. 1996-35; cf. Dial U.S.A., Inc. v. Commissioner, 95 T.C. 1, 4 (1990). Our conclusion as to the issue at hand is further supported by analogy to two of this Court’s previous holdings. First, in Hang v. Commissioner, 95 T.C. 74, 80 (1990), the Court held that the determination of whether a father was the true and beneficial owner of shares in an S corporation held in the name of his sons was properly made at the individual shareholder level.4 We reasoned that the true and beneficial ownership of the shares was 4 Under the S corporation audit and litigation procedures, secs. 6241 through 6245, a “subchapter S item” denotes “any item of an S corporation to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the corporate level”. Sec. 6245. The tax treatment of a subch. S item generally must be determined in an entity level proceeding. See sec. 6241. While these S Corporation procedures were enacted shortly after the TEFRA procedures as part of the Subchapter S Revision Act of 1982, Pub. L. 97-354, sec. 4(a), 96 Stat. 1691, the S Corporation procedures were repealed as of Dec. 31, 1996, by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1307(c)(1), 110 Stat. 1781.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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