- 17 - 5. The petitioner contends the explanatory lan- guage in paragraph eight[13] allows the Court in this proceeding to determine the pre-contribution cost basis of a purchased Euro option in the hands of petitioner. They contend that the basis of the purchased Euro option before its contribution to the partnership is a nonpartnership item that must be determined in this partner-level proceeding and that such basis should be determined without considering the effect on the basis of the offsetting sold Euro option. In effect, peti- tioner contends the offsetting options should not be integrated. 6. Petitioner’s contentions are wrong. The statutory notice of deficiency, including paragraph number eight, challenge[s] the so-called Son of Boss transaction that involve[s] purported contribution of an option spread to a partnership. This contribution was an integral and vital part of the transaction. Petitioner used the contribution to inflate her basis in the partnership. Petitioner then attached this inflated basis to the assets distributed to petitioner by the partnership. See I.R.C. § 732(b). 7. Section 6231(a)(3) provides that the term “partnership item” includes any item required to be taken into account for the partnership’s taxable year under Subtitle A to the extent provided by the regula- tions. * * * the purported partnership here was re- quired under Subtitle A of the Code to determine the partners’ basis in the contributed options. See I.R.C. § 723 (partnership receives carryover basis from part- ner). Treas. Reg. § 301.6231(a)(3)-1(c)(2)(iv) makes this carryover basis a partnership item under section 6231(a)(3). Section 6221 requires such partnership item to be determined in a partnership proceeding rather than in a deficiency proceeding. * * * Contrary to petitioner’s contention, the status of an item as a partnership item depends solely on whether the partner- ship must determine the item under Subtitle A and whether the regulations make such an item a partnership item, not on where the partnership has to look to find 13Respondent indicates in respondent’s respective motions that the determination set forth in paragraph 8 of the respective notices of deficiency in question “is commonly referred to as the integration argument”.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007