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the Court to redetermine respondent’s determination of a
$2,398,491 deficiency in their 1999 Federal income tax and a
$946,750.80 accuracy-related penalty under section 6662(a).1
Those determinations were reflected in an affected items notice
of deficiency issued to petitioners after no partner of DMD
Investment Partners (DIP) timely petitioned the Court with
respect to a notice of final partnership administrative
adjustment (FPAA) mailed to Michael Domulewicz (petitioner) as
DIP’s tax matters partner (TMP). Copies of the FPAA also were
mailed to each of DIP’s other partners.
We decide the following issues:2
1. Whether section 6230(a)(2)(A)(i) makes the deficiency
procedures of subchapter B of chapter 63 (deficiency procedures)
applicable to respondent’s disallowance of petitioners’ claim to
a passthrough loss from DMD Investments, Inc. (DII), an S
corporation in which petitioner (through his grantor trust) was a
1 Unless otherwise indicated, section references are to the
applicable versions of the Internal Revenue Code. Rule
references are to the Tax Court Rules of Practice and Procedure.
2 We decide these issues with the aid of extensive briefing
by the parties. The briefing was in the form of petitioners’
memorandum, respondent’s response, petitioners’ reply, and
respondent’s response to reply. After the Court filed
respondent’s response to reply, petitioners moved the Court to
allow them to make their arguments at a hearing. We shall deny
that motion. The parties have adequately advanced their legal
arguments, and further arguments would not significantly aid our
decision process. See Rule 50(b)(3).
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Last modified: November 10, 2007