- 21 - “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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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