Alan H. Ginsburg and Estate of Harriet F. Ginsburg, Deceased, Alan H. Ginsburg, Personal Representative - Page 3

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          pursuant to the TEFRA provisions of sections 6221-6234.1                    
          Specifically, the inquiry centers on whether these losses should            
          be classified as “partnership items” or as “affected items” under           
          the applicable statutes.  We hold that the adjustments in the               
          notice of deficiency limiting petitioners’ claimed losses concern           
          affected items over which we have jurisdiction.                             
               The issue raised by petitioners’ motion for summary judgment           
          is based on the assumption that we hold that the items respondent           
          seeks to adjust are affected items.  Under that assumption,                 
          petitioners question whether the period of limitations on                   
          assessment of tax attributable to affected items as set forth in            
          sections 6501 and 6229 has expired.  In particular, we must                 
          decide whether section 6229(b)(3) causes the extension of the               
          period of limitations in this case to be ineffective regarding              
          the affected items at issue.  We hold that it does, and that                
          therefore the period of limitations on assessment has run.                  
               The parties agree on the basic facts.  At the time that the            
          petition was filed, petitioner Alan Ginsburg, who is a fiduciary            
          for the Estate of Harriet Ginsburg, had a mailing address in                
          Winter Park, Florida.  In 1995, the taxable year at issue, Mr.              
          and Mrs. Ginsburg, who were married at the time, owned 100                  

               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       

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