- 130 - petitioners. Respondent contends that the Court had no jurisdiction to determine basis in excess of the amounts determined in the statutory notice, which did not depend on recharacterization or any other determination that would cause the Roses’ basis in Zephyr to become a partnership item. Respondent notes that the Roses did not report any COD income from Zephyr for 1989 or 1990 and disputes petitioners’ contention with respect to the effect of the Schedule L to the 1990 return. Respondent also contends that the Court lacks jurisdiction to increase the Roses’ basis in Zephyr in accordance with respondent’s concession. In view of the extended history of these cases, we believe that the interests of justice are best served, and jurisdiction is not implicated, by accepting the Roses’ concession in their petition of the correctness of respondent’s determination of basis, as supplemented by respondent’s concession of increased basis. We do not believe that we are required to increase basis in accordance with Zephyr’s 1990 return consistent with a claim made for the first time in a motion for reconsideration and based on an analysis different from and inconsistent with the claim made prior to and during trial and in posttrial briefs specifically addressed to that issue. The notice of deficiency that was sent to the Roses does not purport to redetermine COD income or any other entity-level item, so cases holding noticesPage: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
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