PK Ventures, Inc. and Subsidiaries, et al. - Page 44

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          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 notices             






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