Sue Taylor - Page 21

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         under the exception to the definition of a partnership as                    
         provided in section 6231(a)(1)(B) and did not elect out of the               
         exception, respondent was not required to issue it an FPAA before            
         mailing the deficiency notice to petitioner.                                 
              National Land Bank does not fall within the small                       
         partnership exception because one of its partners, Speck, is a               
         trust and not an individual.  However, respondent used the                   
         indirect bank deposit method to calculate petitioner’s income.               
         Section 6231(c)(1)(C) establishes a special rule where “indirect             
         methods of proof of income” are utilized.  This rule permits                 
         respondent to treat what would otherwise be partnership items, as            
         nonpartnership items for purposes of sections 6221 through 6234.11           
         The rule applies to the extent regulations issued by the                     
         Secretary provide that treatment of an item as a partnership item            
         will interfere with the effective and efficient enforcement of               
         the revenue laws.                                                            
              Section 301.6231(c)-6T, Temporary Proced. & Admin. Regs.,               
         52 Fed. Reg. 6793 (Mar. 5, 1987), provides that the treatment of             
         items as partnership items with respect to a partner whose income            
         is determined by an indirect method of proof will interfere with             

               11 A partnership item with respect to a partnership is                 
          defined as “any item required to be taken into account for the              
          partnership’s taxable year under any provision of subtitle A to             
          the extent regulations prescribed by the Secretary provide that,            
          for purposes of this subtitle, such item is more appropriately              
          determined at the partnership level than at the partner level.”             
          Sec. 6231(a)(3).                                                            





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