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 47

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             permit an inference that the notice of FPAA was not mailed               
             to the notice partners.                                                  
                  We also reject petitioners' final point that the FPAA               
             Certified Mail Listing is unreliable and should be excluded              
             from evidence by reason of the fact that it records the                  
             mailing of 29 letters, whereas there were only 27 partners               
             in the partnership.  Petitioners fail to take note of the                
             fact that the notice of FPAA was mailed to petitioners                   
             "Charles P. & Louetta J. Niven" at two different addresses,              
             and that the notice of FPAA was also mailed to "Robert L.                
             Jondele" at two different addresses.                                     
                  Petitioners' final contention is that, as a matter                  
             of law, the expiration of the period of limitations on                   
             assessment, prescribed by section 6229, prior to the                     
             mailing of the notice of FPAA, made it impossible for                    
             respondent to mail the notice of FPAA to notice                          
             partners within the time required by section 6223(d)(2).                 
             Petitioners contend that, as a result of the expiration                  
             of the period of limitations, all of the partnership items               
             of the notice partners were automatically converted to                   
             nonpartnership items under the remedy provision of section               
             6223(e).  In effect, petitioners contend that the period of              
             limitations on assessment set forth in section 6229 is                   








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