- 41 - motivated. In the orders and decisions entered pursuant to Shorthorn Genetic Engg., the Court explicitly stated that it was not considering the section 6621(c) interest issue. The opinion and the orders and decisions cannot fairly be interpreted as making findings or determinations regarding whether DGE 85-5’s transactions were tax motivated.17 As this case is appealable to the Ninth Circuit, we defer to the Ninth Circuit’s determination that, for purposes of section 6621(c), the character of a partnership’s transactions is a partnership item to be determined at the partnership level. See River City Ranches #1 Ltd. v. Commissioner, 401 F.3d at 1143-1144; see also Golsen v. Commissioner, supra at 757. Because this is a partner-level case, we do not have jurisdiction to determine DGE 85-5’s partnership items, including whether its transactions were tax motivated. See sec. 6221; Sparks v. Commissioner, supra at 1284; Maxwell v. Commissioner, supra at 789. Therefore, we cannot determine whether petitioner had substantial underpayments of tax resulting from tax-motivated transactions and shall dismiss for lack of jurisdiction petitioner’s claim regarding section 6621(c) interest. 17 Neither party appealed the Tax Court’s decision in Shorthorn Genetic Engg. 1982-2, Ltd. v. Commissioner, T.C. Memo. 1996-515, and that decision is now final.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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