- 11 - Cal-Neva partnership does not constitute adequate disclosure. Accepting his testimony and concluding that the correct amount of the underpayment should have been calculated based on $13,150 in disallowed losses rather than $14,783.69, the underpayment would still be substantial for purposes of section 6661. Petitioners have made several arguments that we address briefly. First, in their answering brief, petitioners argue for the first time that the notice in this case was sent after the expiration of the period of limitations. In this context, however, the period of limitations was suspended during the time that the partnership action was pending and for 1 year thereafter. Sec. 6229(d). The decision in the partnership action did not become final until the expiration of the time for filing a notice of appeal, which was 90 days after entry of the decision. Secs. 7481(a)(1), 7483. Thus, the notice in this case was sent approximately 3 weeks before the expiration of the period of limitations. Second, petitioners argue that the underpayment should be further reduced by allowance of $5,000 as their out-of-pocket expenses in relation to the Cal-Neva investment. There is no authority, however, that would allow them to deduct their out-of- pocket amounts in the year of the investments. See, e.g., Marine v. Commissioner, 92 T.C. 958, 974-980 (1989), affd. withoutPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008