Lester L. and Susan P. Samford - Page 13




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          shall rest exclusively with the General Partners.”  Furthermore,            
          petitioners executed a power of attorney that provided that the             
          attorney-in-fact shall have the “authority to act in * * *                  
          [their] name[s] and on * * * [their] behalf in the * * * filing             
          of * * * [a]ny other instrument which may be required to be filed           
          by the Partnership * * * or by any governmental agency * * *.”              
          Morever, with respect to the date of the formation of the                   
          partnership, petitioners’ hands are not exactly clean:  They                
          admit that they backdated documents indicating that their                   
          interest in the partnership commenced in July 1982, and they                
          claimed tax deductions and credits predicated on that                       
          representation at least in part.  In these circumstances, in                
          order to disregard the records of the partnership, we would                 
          require a much stronger showing than the innuendo based on                  
          innuendo that petitioners argue here.  See Estate of Durkin v.              
          Commissioner, 99 T.C. 561 (1992).                                           
                                        An appropriate order denying                  
                                   petitioners’ Motion to Dismiss for                 
                                   Lack of Jurisdiction will be issued.               















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