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 52

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             Mr. Caldwell.  First, it is undisputed that Mr. Caldwell                 
             signed an open-ended extension of the period of limitations              
             on assessment on Form 872-O.  Even if Mr. Caldwell was not               
             the tax matters partner or authorized by the partnership to              
             enter into such an agreement, as petitioners contend, the                
             agreement on Form 872-O executed by Mr. Caldwell would seem              
             to have the effect of extending the period of limitations                
             in Mr. Caldwell's individual case.  See sec. 6229(b)(1)(A).              
             Mr. Caldwell does not address this issue.  Second, it is                 
             undisputed that the notice of FPAA was sent to Mr. Caldwell              
             and was received by him before the expiration of the period              
             of limitations, as extended by the agreement on Form 872-O.              
                  In order to bolster his argument that the period of                 
             limitations had expired, Mr. Caldwell argues that the                    
             agreement to extend the period of limitations on Form 872-O              
             was not valid because the Appeals officer who signed the                 
             agreement on behalf of respondent, Mr. Norstrud, did not                 
             have authority to do so.  We need not resolve this issue.                
             As discussed above, it is unnecessary to find whether the                
             period of limitations had actually expired before the                    
             notice of FPAA was mailed to notice partners.  This is                   
             because we reject petitioners' contention that the period                
             of limitations on assessment is incorporated within the                  








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