- 5 - and Costello agreed to be the signing partner. Costello signed the Form 872-O on February 13, 1986, and returned it to respondent’s agent. Costello signed the Form 872-O on the line designated for the tax matters partner (TMP), rather than the one designated for a representative of the partnership, because he was a general partner of Cascade. Costello did not do any research to determine if he was or was not authorized to sign as TMP and/or on behalf of Cascade or its other partners. During March 1986, Walsh received a copy of the Form 872-O that had been counter-executed on behalf of respondent on March 4, 1986. By a March 11, 1988, letter addressed to Cascade, in care of Costello as TMP, respondent transmitted a summary report of the examination that contained a single adjustment disallowing $1,083,338 of pass-through loss claimed through Wall Street. The letter also directed Costello, as TMP, to provide a copy of the summary report to the other partners. Costello, in an April 5, 1988, letter, corresponded with respondent, advising that Wall Street’s examination was at the Appeals level and, because of Cascade’s pass-through status, petitioner chose not to attend a closing conference. Petitioner protested with respect to the summary report in a September 27, 1988, document that was signed by Costello as TMP. Respondent’s agents continued to send correspondence to Costello addressed to him as Cascade’s TMP. Costello received a May 14, 1990, FPAA containing a determination disallowing the pass-through loss claimed through Wall Street.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011