- 21 - items” refers to subsection (d)(1)(A), which discusses “the partnership items of such partner for the partnership taxable year * * *.” (Emphasis added.) Kligfeld claims that this language supports his reading of the Code’s treatment of partners and partnerships--especially its echo of section 706(a)--as requiring that any paired FPAA and notice of deficiency must be for the same or overlapping taxable year. But Kligfeld focuses on the wrong language within this section of the Code. We agree with the Commissioner that the key language in section 6226(d)(1)(B) is that a partner may be a party to the TEFRA procedure for the period within which “any tax attributable to such partnership items” (emphasis added) can be assessed. A tax that is attributable to a particular partnership item need not be reportable by both the partner and the partnership in the same taxable year. For instance, Holdings 2 made the basis adjustments to its Inktomi stock--which was a partnership, or at least affected, item--on its 1999 return, but Corporation reported a taxable capital gain on the later sale of the distributed portion of that same stock on its 2000 return. The potential resulting tax was attributable--in the sense of being at least partially dependent on--that basis computation. In addition to focusing on the wrong language, Kligfeld also appears to confuse the assessment of tax with the adjustment ofPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007