Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 13

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          was held that the general partner, who signed the consent, had              
          authority to bind the partnership.  Second, interpreting the                
          partnership agreement in that case, we held that the signing                
          partner was not prohibited from extending the period for                    
          assessment for the partnership.                                             
               However, the U.S. Court of Appeals for the Fifth Circuit               
          reversed our decision in Medical.  The Court of Appeals disagreed           
          with our interpretation of the partnership agreement.  Based on             
          its interpretation, the Court of Appeals found that the general             
          partner who signed the consent, under State law, was not                    
          authorized to bind the partnership.  Finally, the Court of                  
          Appeals addressed an estoppel argument raised at the appellate              
          level.                                                                      
               The Court of Appeals stated that                                       
               In order for equitable estoppel to apply, the                          
               government must show that * * * [the partnership] was                  
               aware of the facts, that * * * [the partnership]                       
               intended the IRS to act on its representation that * *                 
               * [the signing partner] was the TMP, that the                          
               government did not know of the facts, and that the                     
               government reasonably relied on * * * [the                             
               partnership's] representations to its substantial                      
               detriment.  * * *  [Medical & Business Facilities, Ltd.                
               v. Commissioner, 60 F.3d at 212.]                                      
               The Court of Appeals also explained that the regulations,              
          which provided the circumstances under which a TMP is designated            
          and made known to the Commissioner, were promulgated March 5,               
          1987.  See sec. 301.6231(a)(7)-1T, Temporary Proced. & Admin.               
          Regs., 52 Fed. Reg. 6791 (Mar. 5, 1987).  That regulation                   





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