Hoyt and Sons Ranch Properties Ltd. NV - Page 6




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          Mr. Hoyt had authority that he could release or delegate to Mr.             
          Cobb.                                                                       
               As previously stated, respondent’s pending motion to dismiss           
          for lack of jurisdiction is based on the grounds that the                   
          petition for readjustment was not filed within either of the time           
          periods prescribed by section 6226(a) and (b), and that SGE was             
          not a notice partner, and thus was not entitled to file the                 
          readjustment petition.  Petitioner, in its objection to                     
          respondent’s motion to dismiss, contends:  (1) It is a notice               
          partner to which the FPAA should have been provided; (2) the FPAA           
          notice mailed to the TMP at the Orovada address was never                   
          received, and, therefore, invalid; and (3) the period for filing            
          SGE’s readjustment petition should be equitably tolled due to               
          respondent’s failure to provide proper notice.  The premise of              
          SGE’s third argument is that respondent’s failure to provide the            
          FPAA notice in this case to SGE’s counsel, Mr. Cobb, per the Cobb           
          letter, invalidates the FPAA.                                               
                                     Discussion                                       
               The tax treatment of partnership items generally is                    
          determined at the partnership level pursuant to the unified audit           
          and litigation procedures set forth in sections 6221 through                
          6233.  Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA),            
          Pub. L. 97-248, sec. 402(a), 96 Stat. 648; Maxwell v.                       
          Commissioner, 87 T.C. 783, 788 (1986).  The TEFRA procedures                





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