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 25

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             partnership's principal place of business is located, or                 
             in the Court of Federal Claims.  Sec. 6226(a).  If the tax               
             matters partner fails to do so, any notice partner who has               
             an interest in the outcome has 60 additional days in which               
             to file such a petition.  Sec. 6226(b)(1).  If the petition              
             for readjustment is not filed by the tax matters partner                 
             within 90 days or by a notice partner within 60 days after               
             the expiration of the 90-day period, as required by section              
             6226, then this Court lacks jurisdiction to readjust any of              
             the adjustments determined by respondent in the notice of                
             FPAA, and the petition must be dismissed.  E.g., Triangle                
             Investors Ltd. Partnership v. Commissioner, 95 T.C. 610                  
             (1990); Genesis Oil & Gas, Ltd. v. Commissioner, 93 T.C.                 
             562, 563-566 (1989).                                                     
                  In the event that a court lacks jurisdiction to                     
             consider a petition for readjustment because it was filed                
             by the tax matters partner beyond the filing deadline of                 
             section 6226(a), then the court also lacks jurisdiction to               
             consider whether the notice of FPAA was issued beyond the                
             period of limitations for making assessments, set forth in               
             section 6229(a).  Genesis Oil & Gas Ltd. v. Commissioner,                
             supra at 564.  This is true because the issuance of a                    
             notice of FPAA beyond the period of limitations does not                 
             affect its validity.  Id.  Rather, the untimeliness of the               






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