Alan H. Ginsburg and Estate of Harriet F. Ginsburg, Deceased, Alan H. Ginsburg, Personal Representative - Page 21

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          “Affected items depend on partnership level determinations,                 
          cannot be tried as part of the personal tax case, and must await            
          the outcome of the partnership proceeding.”  Id. at 792.  We                
          explained that a “deficiency attributable to an affected item               
          such as a partner’s carryback of a partnership’s investment tax             
          credit is also a ‘deficiency attributable to a partnership                  
          item.’”  Id. at 791 n.6.  Thus, following our reasoning in                  
          Maxwell, the phrase “tax attributable to partnership items” in              
          section 6229(b)(3) also includes affected items.9                           
               E.   Respondent’s Position Would Have Untenable Consequences           
               Following respondent’s logic, we would have to conclude that           
          since section 6229(b)(3) applies only to partnership items, the             
          Forms 872 would not have to make a specific statement about                 
          affected items that are directly related to partnership                     
          adjustments, such as the amount of loss a partnership could claim           
          from a particular transaction.  We think that this result is                
          incorrect and that it would negate the import of the statute                
          because it would make the application of section 6229(b)(3)                 
          ambiguous and potentially superfluous.  “An interpretation that             

               9Computational adjustments resulting from partnership                  
          proceedings may be assessed directly without issuing a notice of            
          deficiency.  See 2 McKee et al., Federal Taxation of Partnerships           
          and Partners, par. 9.07[2][c] (1997).  We do not decide today               
          whether affected items that would be the subject of a                       
          computational adjustment are included in the language of sec.               
          6229(b)(3) because in this case we are not dealing with that                
          special kind of assessment.                                                 

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