Robert H. Avellini - Page 17

                                                - 17 -                                                  
                  Petitioner interprets this paragraph as prohibiting any                               
            adjustments to petitioner's tax for 1982 as a result of any                                 
            interest in a TEFRA partnership, specifically the Efron II                                  
            partnership interest in Dickinson.  Petitioner contends that the                            
            attorney who drafted and signed the proposed stipulation for                                
            respondent was authorized to represent respondent and that                                  
            respondent's failure to produce the document is impermissible.                              
            Respondent's position is that this Court has no jurisdiction to                             
            decide a TEFRA partnership issue at the partner level, that the                             
            Detroit docket attorney had no authority to execute a stipulation                           
            with respect to the plastics recycling issue in this case, and                              
            that the paragraph in question, properly interpreted, relates                               
            only to the shopping center or nonplastics issues in this case.                             
            Respondent has filed a motion to dismiss for lack of jurisdiction                           
            and to strike the portions of the pleadings relating to                                     
            Dickinson.  Respondent urges that we deny petitioner's motion to                            
            reopen the record and grant respondent's motion to dismiss and to                           
            strike.  We agree with respondent except as to the agreement of                             
            the parties with respect to the shopping center adjustments and                             
            respondent's concession as to section 6621(c) for 1982.                                     
                  During 1982, Efron II invested in Dickinson Recycling                                 
            Associates, a partnership that is subject to the provisions of                              
            sections 6221 through 6231 (the TEFRA provisions) enacted by the                            
            Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248,                           






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011