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for judgment on the pleadings is proper only where the pleadings
do not raise a genuine issue of material fact and the moving
party is entitled to judgment as a matter of law. Abrams v.
Commissioner, 82 T.C. 403, 408 (1984); Anthony v. Commissioner,
66 T.C. 367 (1976). The record shows, and the parties agree,
that there is no genuine issue of material fact.
B. Background
Section 6226 is one of a group of provisions concerning the
tax treatment of partnership items6 that was added to the Code by
the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA),
Pub. L. 97-248, sec. 402(a), 96 Stat. 648 (TEFRA partnership
provisions). The TEFRA partnership provisions have been amended
since their enactment in 1982 and are now contained in sections
6221 through 6234.
A taxpayer may seek judicial review of an FPAA by filing a
petition for readjustment of the partnership items with this
Court. Sec. 6226. The procedures under TEFRA parallel
deficiency procedures in that notice (the FPAA), and the right to
petition this Court must generally be given before assessments
6 Partnership items are items required to be taken into
account for the partnership’s taxable year, to the extent
regulations provide that such items are more appropriately
determined at the partnership level than at the partner level.
Sec. 6231(a)(3); sec. 301.6231(a)(3)-1, Proced. & Admin. Regs.
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