Donald Ertz - Page 41

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          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.                                   




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