- 52 - 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 thePage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011