Harrell v. Commissioner
United States Tax Court
P is a general partner in a limited partnership with 10 or fewer partners. Under the terms of the partnership agreement, certain partnership items are to be distributed either in proportion to the partners' capital contributions, or in accordance with the partners' partnership interests.
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P is a general partner in a limited partnership with 10 or fewer partners. Under the terms of the partnership agreement, certain partnership items are to be distributed either in proportion to the partners' capital contributions, or in accordance with the partners' partnership interests. Pursuant to sec. 704(b), I.R.C. 1954, the partners' distributive shares of those partnership items not covered by the partnership agreement are determined in accordance with the partners' partnership interests. During the year in issue, no items other than those covered in the agreement were allocated to the…
1Opinion of the Court
WHITAKER, Judge:
This cause is before us on petitioners’ motion to dismiss for lack of jurisdiction.1 Petitioners claim that we lack jurisdiction over the deficiency determination against them because respondent, seeking to make adjustments with respect to a partnership, failed to issue a notice of final partnership administrative adjustment (FPAA).2 Respondent objects to petitioners’ motion on the basis that the partnership involved falls within the small partnership exception to the partnership audit and litigation provisions,3 and that therefore issuance of an FPAA was not required.
We have…
2Cases cited4 opinions
- Bulova Watch Co. v. United StatesSupreme Court of the United States · 1961
- Maxwell v. CommissionerUnited States Tax Court · 1986
- Calcutt v. CommissionerUnited States Tax Court · 1988
- Frazell v. CommissionerUnited States Tax Court · 1987
3Cited by26 opinions
- McKnight v. CommissionerCourt of Appeals for the Fifth Circuit · 1993
- Chomp Assoc. v. CommissionerUnited States Tax Court · 1988
- Chef's Choice Produce, Ltd. v. CommissionerUnited States Tax Court · 1990
- Fidelity International Currency Advisor a Fund, LLC v. United StatesDistrict Court, D. Massachusetts · 2010
- McKnight v. CommissionerUnited States Tax Court · 1992
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