- 2 - effectively extended the assessment period. Petitioner contends that the general partner, who executed the consent, was not authorized to do so and that the consent is of no effect. Respondent contends that the general partner was authorized to execute the consent, thereby extending the period for assessment. Alternatively, respondent argues that, even if the executing general partner was unauthorized, petitioner is equitably estopped from now asserting that the general partner lacked authority. Background Cascade Partnership (Cascade) was formed under the Uniform Partnership Act of the State of Washington, Wash. Rev. Code sec. 25.04 (West 1969), on November 9, 1982, by 20 individuals. Each of Cascade’s 20 partners was also a partner in Price Waterhouse, a certified public accounting partnership that also specializes in tax matters. John R. Walsh, Jr. (Walsh), who also was a Price Waterhouse partner but not a partner of Cascade, was the promoter of Cascade. Walsh promoted partnership interests to James M. Costello (Costello) and 19 other partners of Price Waterhouse. Walsh was appointed by the 20 partners to manage Cascade by means of the following partnership language: The partners appoint John R. Walsh, Jr., as the manager who shall have all the rights to manage the partnership assets including designating an agent to serve under his direction. He shall not be liable for any loss or diminution of the partnership’s assets unless due to his gross negligence, misconduct or lack of good faith.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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