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We also question whether determinations regarding the
members’ bases and at-risk amounts satisfy the definition of
partnership item. If they are not partnership items, we may not
decide issues involving them in a partnership-level proceeding.
Section 6221 provides that, except as otherwise provided in
subchapter C dealing with the tax treatment of partnership items,
the tax treatment of any partnership item must be determined at
the partnership level. Section 6226(a) authorizes a tax matters
partner to file a petition for readjustment of partnership items
within 90 days after the date on which an FPAA is mailed to the
tax matters partner. A partnership-level proceeding filed
pursuant to section 6226(a) permits a court to consider and
resolve partnership items and the proper allocation of such items
among the partners. Sec. 301.6226(f)-1T, Temporary Proced. &
Admin. Regs., 52 Fed. Reg. 6788 (Mar. 5, 1987).
Section 6231(a)(3) defines a “partnership item” as:
any item required to be taken into account for the
partnership’s taxable year under any provision of
subtitle A to the extent regulations prescribed by the
Secretary provide that, for purposes of this subtitle,
such item is more appropriately determined at the
partnership level than at the partner level.
In section 301.6231(a)(3)-1, Proced. & Admin. Regs., the
Commissioner has provided guidance that amplifies the definition
of partnership item contained in section 6231(a)(3). However,
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