- 16 - 10. The determination of the cost basis of the Purchased Euro Option in the hands of Petitioner is a pure nonpartnership item that must be determined in this individual proceeding. Although that cost basis (along with the cash contributed) becomes the basis of * * * [the partner’s] partnership interest [in Ever- green Trading], the later contribution does not convert a nonpartnership issue into a partnership item. Just as if Ms. Nussdorf [petitioner in the case at docket No. 24289-05] had purchased a partnership interest from an outsider, the determination of Ms. Nussdorf’s cost basis in her Purchased Euro Option is irrelevant to any other partner and cannot be determined by examining the partnership books. * * * 11. The cost basis of the Purchased Euro Option in the hands of Ms. Nussdorf must be determined by looking to I.R.C. § 1012 and the authorities thereunder * * *. 12. An issue concerning the cost basis of prop- erty in the hands of the taxpayer, pre-contribution, inevitably turns on law and facts unique to the tax- payer and the particular property in question, which are the hallmark of “nonpartnership items.” * * * To consider issues “peculiar to a single partner” as partnership items, even those relating to partnership gains or losses, would “blur or erase . . .the distinc- tion between proceedings involving partnership items and those involving nonpartnership items” and “would be contrary to the system of separate treatment of part- nership and nonpartnership issues Congress established by enacting TEFRA.” [Reproduced literally, citations omitted.] Respondent counters:12 11(...continued) as petitioners’ respective motions in the cases at docket Nos. 24297-05 and 24301-05. 12For convenience, we quote from respondent’s response to petitioner’s motion in the case at docket No. 24289-05. That response is virtually the same as respondent’s respective re- sponses to petitioners’ respective motions in the cases at docket Nos. 24297-05 and 24301-05.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007