David Soward - Page 9

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               Petitioner argues that, in the event the District Court                
          action is dismissed, this Tax Court action will be the only                 
          viable action under section 6226.  He then acknowledges that he             
          “filed the subject Tax Court petition as a protective measure to            
          ensure that he is not denied a Due Process forum in which to                
          contest each of the proposed adjustments to his taxable income”.            
          Section 6226 pertains to petitions filed in response to an FPAA             
          issued to a partnership.  Therefore, in the event that the                  
          District Court case is dismissed for lack of jurisdiction,                  
          jurisdiction in the Alverstone SIF and Voltaire Tax Court case at           
          docket No. 8753-05 may survive as a section 6226(b) proceeding              
          because that petition was filed in response to the FPAA issued on           
          December 17, 2004.  See sec. 6226(b).  This case, however, would            
          not be authorized under section 6226(b) because this case was               
          filed in response to the notice of deficiency sent to petitioner,           
          not in response to the FPAA.                                                
               The Commissioner generally must wait until a partnership-              
          level proceeding is over to determine a liability attributable to           
          a partnership item.  See sec. 6225(a); Maxwell v. Commissioner,             
          87 T.C. 783, 788 (1986).  Section 6225(a) states:                           
                    SEC. 6225(a).  Restriction on Assessment and                      
               Collection.-- Except as otherwise provided in this                     
               subchapter, no assessment of a deficiency attributable                 
               to any partnership item may be made (and no levy or                    
               proceeding in any court for the collection of any such                 
               deficiency may be made, begun, or prosecuted) before--                 







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