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notice of FPAA is a defense in bar that can be waived and
is not a plea to the jurisdiction of the Court. Wind
Energy Technology Associates III v. Commissioner, 94 T.C.
787, 789 (1990); Genesis Oil & Gas, Ltd. v. Commissioner,
supra at 564; see Rule 39; Crowell v. Commissioner, 102
T.C. 683, 693 (1994); Columbia Building, Ltd. v.
Commissioner, 98 T.C. 607, 611 (1992).
In addition to the time limits for filing a petition
for readjustment, section 6226(d) provides that no partner
is eligible to file a petition for readjustment or to be a
party to such action unless the partner has an interest in
the outcome. Section 6226(d) provides as follows:
SEC. 6226(d) Partner Must Have Interest in
Outcome.--
(1) In order to be party to action.--
Subsection (c) shall not apply to a partner after
the day on which--
(A) the partnership items of such
partner for the partnership taxable
year became nonpartnership items by
reason of 1 or more of the events
described in subsection (b) of section
6231, or
(B) the period within which any
tax attributable to such partnership
items may be assessed against that
partner expired.
(2) To file petition.--No partner may file a
readjustment petition under subsection (b) unless
such partner would (after the application of
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