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 23

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             filed the motion.  Mr. Caldwell thereby joined this                      
             proceeding as a participating partner.  On July 27, 1994,                
             Mr. John P. Haddock, Jr., also submitted a Notice of                     
             Election to Participate.  The Court granted leave and                    
             filed the election on the same date.  On August 1, 1994,                 
             Mr. Denny filed a Motion for Leave to File Notice of                     
             Election to Intervene pursuant to Rule 245(a).  By Order                 
             dated November 3, 1994, the Court granted Mr. Denny's                    
             motion, and he intervened in this proceeding.  In acting on              
             Mr. Denny's motion, the Court accepted Mr. Denny's                       
             representation that he is the tax matters partner.  The                  
             Court did not make a determination to that effect.                       

                                       OPINION                                        
                  The Wayne Caldwell Escrow Partnership is subject to                 
             the unified partnership audit and litigation procedures                  
             set forth in sections 6221 through 6231.  The petition for               
             readjustment, filed by five partners other than the tax                  
             matters partner, asks the Court to readjust partnership                  
             items from the partnership for taxable year 1983.                        
                  In general, the phrase "partnership item" means any                 
             item required to be taken into account under the Internal                
             Revenue Code, including the partnership's income, gain,                  
             loss, deduction, or credit, to the extent that regulations               







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