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 27

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                  paragraph (1) of this subsection) be treated as a                   
                  party to the proceeding.                                            

             The above provision is an integral part of the action                    
             described by section 6226(b).  See Amesbury Apts., Ltd.                  
             v. Commissioner, 95 T.C. 227 (1990); Georgetown Petroleum-               
             Edith Forrest v. Commissioner, T.C. Memo. 1994-13; and                   
             Madison Recycling Associates v. Commissioner, T.C. Memo.                 
             1992-605, in which the petitions for readjustment were                   
             filed by partners other than the tax matters partner, and                
             the Court considered and rejected the partners' contention               
             that assessment of the tax on the subject partnership items              
             was barred under the period of limitations on assessment.                
                  While an improper petition for readjustment under                   
             section 6226 does not convey jurisdiction to readjust the                
             adjustments determined in the notice of FPAA, it may permit              
             the Court to determine the validity of the notice of FPAA,               
             and if the notice of FPAA is invalid, to dismiss the case                
             on that ground.  Triangle Investors Ltd. Partnership v.                  
             Commissioner, supra at 613; Genesis Oil & Gas, Ltd. v.                   
             Commissioner, supra at 564; see Holstein ET IV, Ltd. v.                  
             Commissioner, T.C. Memo. 1992-716; cf. Frazell v.                        
             Commissioner, 88 T.C. 1405 (1987).  In that event, the                   
             Commissioner is foreclosed from assessing a deficiency in                
             tax, under normal circumstances, until a valid notice of                 






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