John C. Bedrosian and Judith D. Bedrosian - Page 8




                                        - 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