-263- The Treasury regulation interpreting this section provides: A court reviewing a notice of final partnership administrative adjustment has jurisdiction to determine all partnership items for the taxable year to which the notice relates and the proper allocation of such items among the partners. Thus, the review is not limited to the items adjusted in the notice. [Sec. 301.6226(f)- 1T(a), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6779-01 (Mar. 5, 1987).185] On the basis of section 6226(f) and the applicable regulation, we could construe our jurisdiction over petitioner’s 1997 and 1998 taxable years to encompass SMP’s reporting of its basis in SMHC stock. Nonetheless, if we were to exercise jurisdiction over this item, and if we were to decide, as respondent contends, that SMP’s basis in SMHC is zero, our decision would result in no real tax adjustments at either the partnership or partner level for the partnership taxable years at issue.186 Conceivably, our decision might influence SMP’s reporting for subsequent taxable years, but beyond this “in terrorem” effect, it is unclear what impact such a decision would 185 A final regulation under sec. 6226 was promulgated effective for partnership taxable years beginning on or after Oct. 4, 2001. Sec. 301.6226(f)-1(c), Proced. & Admin. Regs. 186 Unlike River City Ranches #1 Ltd. v. Commissioner, 401 F.3d 1136 (9th Cir. 2005), affg. in part, revg. in part, and remanding T.C. Memo. 2003-150, this is not a case where our findings with respect to this matter are alleged to have any bearing on penalty-interest under sec. 6621 or on any other penalties. For instance, respondent has not alleged that an adjustment to SMP’s reported basis in SMHC stock would give rise to any underpayment for purposes of sec. 6662 accuracy-related penalties.Page: Previous 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 Next
Last modified: May 25, 2011