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 51

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             causes the conversion of partnership items to non-                       
             partnership items, pursuant to section 6223(e), and is                   
             one of the events described by section 6231(b).  To the                  
             contrary, however, it is evident from section 6226(d),                   
             quoted above, that the expiration of the period of                       
             limitations is not one of the events described by section                
             6231(b) under which partnership items are converted to                   
             nonpartnership items.  This is evident from the fact that                
             the period of limitations on assessment is referred to in                
             section 6226(d)(1)(B), whereas the events under which                    
             partnership items become nonpartnership items are referred               
             to in section 6226(d)(1)(A).                                             
                  Finally, we must say a word about the position of the               
             other parties to this case, participating partners Wayne H.              
             Caldwell and John P. Haddock, Jr., and intervening partner               
             Bill R. Denny.  Intervening partner Denny has joined the                 
             pleadings filed by petitioners.  He has presented nothing                
             other than the arguments advanced by petitioners, discussed              
             above.  Participating partner John P. Haddock, Jr., did not              
             appear at the hearing and has not filed any pleadings.                   
                  The brief filed by Mr. Caldwell adopts the arguments                
             of petitioners, discussed above.  In considering those                   
             arguments, we note that it is doubtful that the factual                  
             assertions underlying petitioners' arguments apply to                    






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