- 8 -
(such as a partner's at-risk amount to the extent it depends
upon the source from which the partner obtained the funds
that the partner contributed to the partnership) are
computational adjustments subject to deficiency procedures.
Nevertheless, any penalty, addition to tax, or additional
amount that relates to an adjustment to a partnership item
may be directly assessed following a partnership proceeding,
based on determinations in that proceeding, regardless of
whether partner level determinations are required.
Recently, we have decided that we do not have jurisdiction to
consider penalties as they relate to partnership items. Fears v.
Commissioner, 129 T.C. 8 (2007); Domulewicz v. Commissioner, 129
T.C. 11 (2007). As a result, we lack jurisdiction over the
penalties in this case, whether or not they require factual
determinations at the partner level.
After applying the payment and dismissing jurisdiction over
the penalties, there is nothing left for this Court to consider.
As a result, respondent’s motion to dismiss wll be granted.
In reaching all of our holdings herein, we have considered
all arguments made by the parties, and, to the extent not
mentioned above, we find them to be irrelevant or without merit.
To reflect the foregoing,
An appropriate order and order
of dismissal will be entered.
Page: Previous 1 2 3 4 5 6 7 8
Last modified: March 27, 2008