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R sent a notice of deficiency for 1995 to Ps
before the expiration date of the last Form 872.
However, the Forms 872 did not specify that they also
included tax attributable to partnership or affected
items. Ps contend that the deficiency notice adjusts
partnership items and therefore is invalid. R contends
that the notice adjusts affected items, not partnership
items. In addition, R stated in argument that there
are also adjustments of affected items which are
specific to Ps’ ability to take losses that flow
through from the partnership.
Held: The notice adjusts both partnership and
affected items. We have jurisdiction to review those
adjustments to the extent that they are for affected
items.
Held, further, under sec. 6229(b)(3), I.R.C., the
notice of deficiency is untimely because the Forms 872
did not reference adjustments for partnership or
affected items.
N. Jerold Cohen, Sheldon M. Kay, and Joseph M. DePew, for
petitioners.
Stephen R. Takeuchi, for respondent.
OPINION
GOEKE, Judge: This case is before us on petitioners’
motions to dismiss for lack of jurisdiction and for summary
judgment. The issue raised by petitioners’ motion to dismiss is
whether respondent’s notice of deficiency properly adjusted
losses attributable to a partnership at the partner level
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Last modified: May 25, 2011