Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 16

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          (10th Cir. 1971); Lawrence v. Commissioner, 27 T.C. 713 (1957),             
          revd. on other grounds 258 F.2d 562 (9th Cir. 1958).  The U.S.              
          Court of Appeals for the Ninth Circuit has not addressed this               
          specific question and, accordingly, it is not necessary to                  
          analyze whether the consent was properly executed under any other           
          theory.                                                                     
               Additionally, the circumstances here are reminiscent of                
          those we considered in Mishawaka Properties v. Commissioner, 100            
          T.C. 353 (1993) (Mishawaka).  In Mishawaka, a TEFRA partnership             
          petition filed during the period designated for the TMP was                 
          executed by a partner other than the TMP for that partnership.              
          Neither Mishawaka Properties Co.'s partners nor respondent                  
          designated a TMP.  About 4 years after the petition was filed and           
          after pretrial and test case activity, Mishawaka Properties Co.'s           
          partners moved to dismiss because the petition was filed by a               
          partner other than a TMP.                                                   
               Relying on Kraasch v. Commissioner, 70 T.C. 623 (1978), we             
          held that the Mishawaka Properties Co. partners implicitly                  
          adopted and/or ratified the filing of the petition by knowingly             
          allowing their interests to be represented before the Internal              
          Revenue Service and before this Court.  In part, our holding                
          relied on California cases providing that                                   
               “A purported agent's act may be adopted expressly or it                
               may be adopted by implication based on conduct of the                  
               purported principal from which an intention to consent                 
               to or adopt the act may be fairly inferred, including                  
               conduct which is 'inconsistent with any reasonable                     




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