Rule 316. Action for Declaratory Judgment (Oversheltered Return) Treated as Deficiency Action
If, after the filing of a petition for declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return for a taxable year but before the Court makes a declaration, the treatment of any partnership item for that taxable year is finally determined pursuant to Code section
6234
(g)(4), or any such item ceases to be a partnership item pursuant to Code section
6231
(b), and as a result of that final determination or cessation, a deficiency can be determined with respect to the items that are the subject of the notice of adjustment, then the notice of adjustment shall be treated as a notice of deficiency under Code section
6212 and the petition shall be treated as a petition in an action brought under Code section
6213. See Code sec.
6234
(g)(3).