- 12 - published opinion 921 F.2d 280 (9th Cir. 1991); Viehweg v. Commissioner, 90 T.C. 1248, 1253-1255 (1988). Third, following up on an inquiry made by the Court to respondent’s counsel at the time of trial, petitioners assert that section 7491(c) should impose on respondent the burden of production with respect to the additions to tax in this case. That section applies to examinations commenced after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c), 112 Stat. 685, 727. Respondent contends that the affected items in this case are merely a continuation of the proceeding commenced with respect to the partnership long before the effective date of section 7491(c). Under the circumstances of this case, it is arguable that an examination of petitioners’ return commenced after that effective date, because, due to petitioners’ failure to attach a Schedule K-1, the disallowed deductions were determined only after examining petitioners’ Schedule C. This is not the normal proceeding in which adjustments based on the partnership proceeding and Schedules K-1 are automatically made and assessed with respect to the individual partners. We offer no opinion, however, about whether the determination of additions to tax as affected items resulting from a partnership examination is a separate examination for purposes of the effective date of section 7491, and we need not decide whether the circumstances ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008