- 10 - persons hold an interest in the partnership with respect to which proceedings under this subchapter are conducted.” Since the S corporations are not TEFRA entities, there is no issue of whether the adjustments should have taken place at the S corporation level. C. Partner Level Petitioners hold their interest in UK Lotto as “indirect partners” under section 6231(a)(10). Section 6231(a)(10) provides that an “‘indirect partner’ means a person holding an interest in a partnership through 1 or more pass-thru partners.” Petitioners argue that the adjustments made in the notice of deficiency are inconsistent with respondent’s position that the disallowed losses are affected items. Petitioners argue that the notice of deficiency describes only partnership items, and that the explanation of adjustment calculates the disallowance of the loss to petitioners as if the basis for disallowing it was a partnership level adjustment. Petitioners therefore conclude that we are without jurisdiction over the items in dispute because all partnership items must be determined at the partnership level and not the partner level. See sec. 6221. Respondent contends that the notice of deficiency originally refers to affected items, not partnership items. Respondent argues that the reasons for disallowing the losses toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011