Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 11

                                       - 11 -                                         
               the usual way the business of the partnership of which                 
               he is a member binds the partnership, unless the                       
               partner so acting has in fact no authority to act for                  
               the partnership in the particular matter, and the                      
               person with whom he is dealing has knowledge of the                    
               fact that he has no such authority.                                    
               A partner who deals with third persons without notice of any           
          lack of authority, binds the other partners “if the transaction             
          be such as the public may reasonably conclude is directly and               
          necessarily embraced within the partnership business as being               
          incident or appropriate to such business according to the course            
          and usage of conducting it."  Cummings v. Nordmark, 438 P.2d 605,           
          606 (Wash. 1968) (quoting Merrill v. O’Bryan, 93 P. 917, 918                
          (Wash. 1908)).  Whether a partner is within the scope of his                
          authority is a question for the trier of fact.  Dowling v.                  
          Exchange Bank, 145 U.S. 512 (1892); Cummings v. Nordmark, supra             
          at 606.                                                                     
               Respondent also relies on Amesbury Apartments, Ltd. v.                 
          Commissioner, supra, a case in which we held valid a consent to             
          extend the assessment period that was signed for the partnership            
          by an accountant.  The accountant signed the consent based on a             
          power of attorney authorizing him to represent that partnership             
          before the Internal Revenue Service, including the power to                 
          extend the period for assessment with respect to the partnership.           
          The power of attorney had been signed by one of two general                 
          partners, who was not the TMP.                                              







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