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 33

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                  Petitioners' contention that the notice of FPAA was                 
             not sent to the tax matters partner is based upon the                    
             assertion that Mr. Denny, who held the largest profits                   
             interest in the partnership, was the tax matters partner                 
             pursuant to section 6231(a)(7)(B), and that Mr. Caldwell,                
             who may have held himself out as the tax matters partner,                
             was not the tax matters partner because he was never                     
             designated as such either by the Internal Revenue Service                
             or by the partnership.                                                   
                  Petitioners assert that the notice of FPAA was not                  
             mailed to Mr. Denny, the tax matters partner.  In order to               
             prove that fact, they rely upon a stipulation set forth in               
             the stipulation of facts filed in this case that "No FPAA                
             was ever sent to Bill Denny in the capacity of Tax Matter                
             [sic] Partner".  They also rely on a stipulation set forth               
             in the Rule 122 stipulation that "No FPAA was ever sent to               
             Bill Denny whose address is 4333 Willow Lane, Dallas,                    
             Texas."  Finally, they rely on Mr. Denny's testimony that                
             he never received the notice of FPAA.                                    
                  In advancing the contention that the notice of FPAA                 
             was not sent to the tax matters partner, petitioners fail                
             to take into account the fact that respondent mailed the                 
             notice of FPAA not only to Mr. Caldwell but also to "Tax                 
             Matters Partner c/o Wayne H. Caldwell Escrow".  The use of               






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