- 10 - section 6231(b)(1)(A), or alternatively, by section 6231(b)(1)(C), and that the Court therefore had jurisdiction to enter the decision with respect to such item. We address petitioners' contentions in turn. Section 6231(b)(1)(A) Petitioners contend that respondent's answer, filed July 5, 1995, constitutes notice from the Secretary that the loss would be treated as a nonpartnership item pursuant to section 6231(b)(1)(A). Respondent contends that an answer is merely a responsive pleading and is not the type of "notice" envisioned by section 6231(b)(1)(A). The Court is not aware of any case or regulation interpreting or defining the term "notice" as it is used in section 6231(b)(1)(A). However, we need not define such term in this proceeding because at the time respondent filed her answer, she was not authorized to mail petitioners "notice" under section 6231(b)(1)(A). This is because section 6231(b)(3) requires that notice under section 6231(b)(1)(A) be "mailed before the day on which the Secretary mails to the tax matters partner a notice of the beginning of an administrative proceeding at the partnership level with respect to such items". In the present case, respondent issued the NBAP on or about June 16, 1993, and she filed her answer on July 5, 1995. Under section 6231(b)(3), respondent was authorized to mail a notice of conversion pursuant to section 6231(b)(1)(A) only up until JunePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011