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 22

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                  Mr. Norstrud received Mr. Nickerson's letter on                     
             June 11, 1991, and replied to it on June 13, 1991.                       
             Mr. Norstrud's reply to Mr. Nickerson is similar to the                  
             letter he sent to Mr. Denny, quoted above.  It explains                  
             that a notice of FPAA had been issued and details the                    
             limitations periods for filing "a petition with the Tax                  
             Court, District Court or Court of Claims".                               
                  No petition for readjustment of the partnership items               
             that were adjusted by respondent in the notice of FPAA                   
             mailed to the tax matters partner on January 28, 1991,                   
             was filed by the tax matters partner within 90 days after                
             January 28, 1991, nor was a petition for readjustment filed              
             by any other partner within 150 days, after January 28,                  
             1991.  The petition for readjustment at issue in this case               
             was not filed until April 23, 1993, 816 days after the                   
             mailing of the notice of FPAA.  It was filed by five                     
             partners other than the tax matters partner.  The names                  
             of those partners are set forth in the caption of this                   
             case, and they are referred to herein as petitioners.                    
                  On March 7, 1994, Mr. Caldwell submitted a Notice of                
             Election to Participate pursuant to Rule 245(b) of the Tax               
             Court Rules of Practice and Procedure.  All Rule references              
             are to the Tax Court Rules of Practice and Procedure.  By                
             Order dated June 30, 1994, the Court granted leave and                   






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