- 39 - 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).Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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