-18- section 301.6231(a)(3)-1, Proced. & Admin. Regs., does not clearly answer the question of whether determinations regarding contributions to a partnership’s capital and the effect of those contributions on the partner’s basis and at-risk amounts are partnership items. See the discussion of section 301.6231(a)(3)- 1, Proced. & Admin. Regs., in Hambrose Leasing 1984-5 Ltd. Pship. v. Commissioner, 99 T.C. 298, 306-312 (1992). In Hambrose Leasing, we interpreted section 301.6231(a)(3)- 1, Proced. & Admin. Regs., in the context of determining whether individual partners were at risk under section 465(b)(4). After carefully considering the provisions of section 301.6231(a)(3)-1, Proced. & Admin. Regs., and the arguments of the parties therein, we stated the following: We conclude, based on the circumstances of this case, that the determination of amounts at risk with respect to partnership liabilities personally assumed by individual partners is not a partnership item, but is an affected item, which can be dealt with only in a proceeding involving the partners and not in this partnership level proceeding. Sec. 6226(f); N.C.F. Energy Partners v. Commissioner, 89 T.C. 741, 743 (1987). We base this conclusion on the definition of “partnership item” in section 6231 (“required to be taken into account for the partnership’s taxable year”), our interpretation of the pertinent regulations, in light of the statute (an approach which makes it unnecessary for us to rule on petitioners’ contention that the regulations are invalid), and the application of the statute and regulations in the decided cases. In short, the application of section 465 as such is not an issue appropriate for a determination in a partnership level proceeding. SeePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007