Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 5

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          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.              




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