William and Arlene G. Kingston - Page 19

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            jurisdiction with respect to the at-risk issue.  On the contrary,                         
            the decision in Hambrose II was rendered on May 27, 1994, the                             
            date this Court entered a decision based on the stipulated                                
            settlement agreement.  Furthermore, petitioners' reliance on the                          
            case of Armstrong v. Commissioner, supra, is misplaced because                            
            the Court in that case dismissed a petition; i.e., an entire                              
            proceeding, for lack of jurisdiction.  Petitioners' argument on                           
            this issue is without merit.                                                              
                  On this record, the Court holds that a decision was entered                         
            in the partnership proceeding on May 27, 1994, which decision                             
            subsequently became final on August 25, 1994.11  The Court holds                          
            further that the notices of deficiency were timely issued to                              
            petitioners under section 6229(a) because the notices were mailed                         
            on May 19, 1995, which was within 1 year after the decision in                            
            the partnership proceeding became final.                                                  
            At-Risk                                                                                   
                  The second issue for decision is whether petitioner was                             
            "protected against loss" within the meaning of section 465(b)(4)                          
            with respect to his pro rata share of the Limited Recourse Note,                          

            11    A stipulated decision, though generally not subject to                              
            appeal except on jurisdictional grounds, Clapp v. Commissioner,                           
            875 F.2d 1396 (9th Cir. 1989), is still considered a reviewable                           
            decision that becomes final 90 days after entry of decision.                              
            Pesko v. United States, 918 F.2d 1581 (Fed. Cir. 1990); Sherry                            
            Frontenac, Inc. v. United States, 868 F.2d 420 (11th Cir. 1989);                          
            Security Indus. Ins. Co. v. United States, 830 F.2d 581 (5th Cir.                         
            1987) (all cited in Ripley v. Commissioner, 105 T.C. 358, 362                             
            (1995), revd. on other grounds 103 F.3d 332 (4th Cir. 1996)).                             




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