Donald Ertz - Page 39

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          level.  Citing Affiliated Equip. Leasing II and N.C.F. Energy               
          Partners, the Tax Court concluded that it lacked jurisdiction to            
          decide the applicability of section 6621(c) interest in a                   
          partnership-level proceeding.16                                             
               On appeal, the Court of Appeals for the Ninth Circuit                  
          reversed the Tax Court on the section 6621(c) interest issue.               
          River City Ranches #1 Ltd. v. Commissioner, 401 F.3d at 1143-               
          1144.  The Court of Appeals stated:                                         
               A partnership’s tax items, which determine the                         
               partners’ taxes, are litigated in partnership                          
               proceedings--not in the individual partners’ cases.  26                
               U.S.C. � 6221 * * *.                                                   
                    The nature of the partnerships’ transactions                      
               [i.e., whether or not the transactions were tax                        
               motivated transactions] is a “partnership item” * * *.                 
               As a “partnership item,” the character of the                          
               partnerships’ transactions is within the Tax Court’s                   
               scope of review.                                                       
                    The Tax Court erred in holding that it had no                     
               jurisdiction to make findings concerning the character                 
               of the partnerships’ transactions, for purposes of the                 
               26 U.S.C. � 6621 penalty-interest provisions.                          
               Accordingly, we remand for the court to make such                      
               findings.  [Emphasis added.]                                           
               Petitioner resided in Lodi, California, when he filed his              
          petition, and, absent stipulation to the contrary, appeal of this           
          case would be to the Court of Appeals for the Ninth Circuit.                


               16  Like the instant case, River City Ranches #1 Ltd. v.               
          Commissioner, T.C. Memo. 2003-150, affd. in part and revd. in               
          part 401 F.3d 1136 (9th Cir. 2005), involved tax years ending on            
          or before Aug. 5, 1997.  Thus, the expanded jurisdiction under              
          TRA 1997 did not apply.  See supra note 15; see also TRA 1997               
          sec. 1238(c).                                                               




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