Thomas J. Nehrlich - Page 5




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          for San Francisco.  The parties then submitted it for decision on           
          stipulated facts.                                                           
                                     Discussion                                       
               As a general rule, partnerships don’t pay taxes, and items             
          of a partnership’s income, deductions, and credits are supposed             
          to be reflected on its partners’ individual tax returns.  See               
          sec. 701.  Before TEFRA, the IRS adjusted these partnership items           
          after separately auditing each partner.  This easily led to                 
          inconsistent adjustments, and TEFRA’s requirement that the                  
          Commissioner conduct audits at the partnership level was supposed           
          to ensure the uniform adjustment of partnership items.  Maxwell             
          v. Commissioner, 87 T.C. 783, 787 (1986); H. Conf. Rept. 97-960,            
          at 599-600 (1982), 1982-2 C.V. 600, 662-63.  Though the                     
          procedures are complicated, the desired result is easy to                   
          understand--a final determination concerning a partnership item             
          that binds all the partners and treats them equally.  See sec.              
          6221; Maxwell, 87 T.C. at 787-88.                                           
               TEFRA audits, with their sometimes arcane distinctions                 
          between “partnership,” “affected,” and “nonpartnership” items,              
          can be burdensome, so Congress chose to keep the old audit rules            
          under which each partner resolves his tax liability with the IRS            
          separately, for “small partnerships.”  Tax Compliance Act of 1982           
          and Related Legislation: Hearings on H.R. 6300 Before the House             
          Committee on Ways and Means, 97th Cong., 2d Sess. 259-61 (1982).            







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