Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 191

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          have on taxable years that are not before us in this proceeding.            
          For this reason, we cannot agree that Congress contemplated our             
          exercising jurisdiction over this type of adjustment.  Cf. sec.             
          301.6226(f)-1T(b), Temporary Proced. & Admin. Regs., 52 Fed. Reg.           
          6788 (Mar. 5, 1987) (indicating that the reviewing court has                
          jurisdiction to determine an issue raised by a partner relating             
          to partnership’s treatment of certain costs).                               
               We hold that we do not have jurisdiction to determine issues           
          related to SMP’s reporting of its basis in SMHC stock for its               
          1997 and 1998 taxable years.                                                
          XI.  Accuracy-Related Penalties                                             
               Respondent determined that section 6662 accuracy-related               
          penalties apply with respect to the partnership adjustments for             
          SMP and Corona.187  In particular, with respect to SMP, respondent          
          determined that the section 6662(h) 40-percent penalty for gross            
          valuation misstatements applies to the underpayments that result            
          from adjustments to the tax bases that SMP reported on its 1997             

               187 In the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.           
          1238(a), 111 Stat. 1026, Congress amended sec. 6221 to include,             
          as an item to be determined at the partnership level, the                   
          applicability of any penalty, addition to tax, or additional                
          amount which relates to an adjustment to a partnership item,                
          effective for partnership taxable years ending after Aug. 5,                
          1997.  Consequently, we have jurisdiction in this partnership-              
          level proceeding to decide issues relating to the sec. 6662                 
          penalties that respondent determined.  Partner-level defenses,              
          however, must be asserted in a separate refund action following             
          assessment and payment.  See sec. 6230(c)(1)(C), (4); cf. sec.              
          301.6221-1(d), Proced. & Admin. Regs. (effective for partnership            
          taxable years beginning on or after Oct. 4, 2001).                          





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