Petaluma FX Partners, LLC, Ronald Scott Vanderbeek, A Partner Other Than The Tax Matters Partner - Page 5

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          of both the beginning and the end of administrative proceedings             
          at the partnership level.  Sec. 6223(a).  The ending notice is              
          the issuance of an FPAA.  Sec. 6223(a)(2).  A partner may then              
          seek judicial review of an FPAA by filing a petition for                    
          readjustment of the partnership items with this Court.  Sec.                
               The procedures under TEFRA parallel deficiency procedures in           
          that the notice--the FPAA--gives the taxpayer the right to                  
          petition the Tax Court.  Thus, we analyze the effect of errors in           
          an FPAA in the same way we analyze errors contained in a notice             
          of deficiency.  See Sealy Power, Ltd. v. Commissioner, 46 F.3d              
          382, 386 (5th Cir. 1995), affg. in part and revg. in part on                
          another ground T.C. Memo. 1992-168.                                         
               The Commissioner is without authority to issue a notice of             
          deficiency for the wrong taxable year or for a period less than a           
          taxpayer’s full taxable year.  For instance in Century Data Sys.,           
          Inc. v. Commissioner, 80 T.C. 529 (1983), the Commissioner used             
          fiscal years instead of the appropriate calendar years to                   
          calculate the deficiency.  See also Atlas Oil & Ref. Corp. v.               
          Commissioner, 17 T.C. 733 (1951); Columbia River Orchards, Inc.             
          v. Commissioner, 15 T.C. 253 (1950).  We held the notice of                 
          deficiency to be invalid because the adjustments “necessarily               
          omitted items of income and deduction of the correct taxable year           
          and * * * [or had] included other items which properly belong in            

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