- 35 - in either stipulation to preclude giving legal effect to that notice. The stipulation filed in this case that no notice of FPAA was mailed to Mr. Denny "in the capacity of Tax Matter [sic] Partner" reflects nothing more than what actually took place. Respondent mailed duplicate notices of FPAA to Mr. Caldwell and to the "Tax Matters Partner". Respondent did not mail a copy of the notice of FPAA specifically addressed to Mr. Denny as tax matters partner. Similarly, the Rule 122 stipulation states that "no FPAA was ever sent to Bill Denny". However, it does not state that Mr. Denny was the tax matters partner at that time. Petitioners argue that Mr. Denny was the tax matters partner, but respondent argues that Mr. Caldwell was the tax matters partner. We have made no finding about the identity of the tax matters partner, and none is necessary to resolve this case. See id. Furthermore, we note that the Rule 122 stipulation is contradicted by the FPAA Certified Mail Listing which states that the notice of FPAA was mailed to "Billy R & Beverly Denny, 4333 Willow Ln, Dallas, TX 75244-7450". We further note respondent's assertion that the phrase "in the capacity of Tax Matters Partner" was inadvertently omitted from the Rule 122 stipulation.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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