Robert J. Goldberg and Bradley A. Morgan - Page 6




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          the small partnership exception of section 6231(a)(1)(B)(i); and            
          (2) the parties’ positions regarding the Court’s jurisdiction               
          over the losses petitioners claimed on their returns and the                
          deduction petitioners claimed for legal, accounting, consulting,            
          and advisory fees.  In their separate status reports, the parties           
          responded:  (1) One of the partners in Alameda is Clarion Forex,            
          which is a disregarded entity and therefore disqualifies Alameda            
          from the small partnership exception; and (2) the Court does not            
          have jurisdiction over the losses or the deductions petitioners             
          claimed on their return because those losses flow directly from             
          partnership items, and since the partnership items had not yet              
          been determined at the partnership level when respondent issued             
          the notice of deficiency, this Court does not have jurisdiction             
          over any of the items in the notice.  In addition, petitioners              
          conceded that they were not allowed a deduction for legal,                  
          accounting, consulting, and advisory fees.                                  
                                     Discussion                                       
          Applicability of TEFRA                                                      
               TEFRA provisions divide disputes arising from “partnership             
          items” from those arising from “nonpartnership items”.  Maxwell             
          v. Commissioner, 87 T.C. 783, 787 (1986).  Section 6231(a)(3)               
          provides:                                                                   
                    (3) Partnership item.--* * * with respect to a                    
               partnership, 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                  






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