Wayne Caldwell Escrow Partnership, Roy Dimon, John and Mary Schuenemann, Joseph and Louise O'Neal, Charles and Lovetta Niven, Chalton and Cynthia Thomas, Partners Other Than the Tax Matters Partner - Page 2

                                        - 2 -                                         
                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
                  WHALEN, Judge:  This case is before the Court to                    
             decide cross-motions to dismiss for lack of jurisdiction.                
             Respondent's motion argues that the instant petition for                 
             readjustment must be dismissed because petitioners failed                
             to file the petition within the time required by section                 
             6226(b).  All section references are to the Internal                     
             Revenue Code as amended.  Petitioners' motion argues that                
             the petition must be dismissed because the notice of final               
             partnership administrative adjustment (notice of FPAA) was               
             not mailed to the tax matters partner, as required by                    
             section 6225(a), and was not mailed to notice partners, as               
             required by section 6223(a)(2), within the time required by              
             section 6223(d)(2).  Petitioners argue that, as a result of              
             respondent's failure to mail the notice of FPAA to notice                
             partners, all of the partnership items of the subject                    
             partnership were converted into nonpartnership items,                    
             pursuant to sections 6223(e) and 6231(b)(1)(D) and cannot                
             be readjusted in this partnership proceeding.                            

                                  FINDINGS OF FACT                                    
                  Some of the facts have been stipulated by the parties.              
             The stipulation of facts filed by the parties and the                    
             exhibits attached thereto are incorporated herein by this                







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011