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in which Roberts appointed Freedman and Jacobson as his
attorneys-in-fact in connection with that examination.
Jacobson, as attorney-in-fact for Roberts, signed two Forms
872-P, Consent to Extend the Time to Assess Tax Attributable to
Items of a Partnership. The first, signed by him on November 5,
1985, extended the period of limitations for assessments related
to Madison’s 1982 tax year to June 30, 1987. The second, signed
by him on August 6, 1986, extended the period to December 31,
1987.
Sometime between August and October of 1985, while the
examination of Madison’s 1982 tax year was in process, respondent
initiated a criminal tax investigation of Roberts. The special
agent assigned to conduct the criminal investigation did not
contact Roberts, who was then in France, during the criminal
investigation. On December 9, 1986, the criminal investigation
of Roberts was discontinued without a recommendation that Roberts
be prosecuted for any tax-related crimes.
OPINION
Madison is a partnership subject to the provisions of the
Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L.
97-248, sec. 402(a), 96 Stat. 648, and therefore the treatment of
partnership items is determined at the partnership level. The
parties now are in agreement with respect to the adjustments made
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