Tax News

CCH (cch.taxgroup.com) reports:

  A deficiency notice adjusting only partnership items or affected items for one tax year did not confer jurisdiction on the Tax Court because it was issued before the partnership-level proceedings concerning the same issues, although for different tax years, had concluded. The notice of deficiency determined deficiencies and penalties that flowed from a previously issued final partnership administrative adjustment (FPAA), but the partnership-level case contesting the FPAA's determinations had not been resolved. No assessment of a deficiency attributable to any partnership item could be made until the partnership level proceeding was completed; consequently, the deficiency notice adjusting affected items was invalid.

Bausch & Lomb Incorporated, TC Memo. 2009-112, Dec. 57,828(M)

Other References:

 
Code Sec. 6221

  CCH Reference - 2009FED ¶37,569.12

  Tax Research Consultant

  CCH Reference - TRC PART: 60,056
CCH Reference -
TRC PART: 60,558
CCH Reference -
TRC LITIG: 7,150