- 11 - Petitioners also argue that respondent did not timely issue the notices of deficiency in these cases. This argument is predicated upon petitioner's belief that if the petition in the Lax case was not filed in accord with section 6226, then the Lax case should have been dismissed for lack of jurisdiction and the period for assessment expired 1 year and 150 days after the mailing of the FPAA's because "no action was brought" sufficient to suspend the assessment period within the meaning of section 6229(d). As with their jurisdictional argument, petitioners seek refuge behind the caption in the Lax case. We find petitioners' claim that the proceeding in the Lax case should have been dismissed for lack of jurisdiction based on the caption to be without merit. In a partnership action for readjustment of partnership items, this Court has jurisdiction when the Commissioner has mailed a valid FPAA and the TMP or other eligible partner has timely filed a petition with the Court seeking readjustment of partnership items. Sec. 6226; Rule 240(c); Meserve Drilling Partners v. Commissioner, T.C. Memo. 1996-72. In the instant cases, respondent properly issued FPAA's to the TMP of MCDA II and to Robert Lax, as a notice partner, and to his wife, Wendy Lax. A petition was timely filed by the Laxes, and a decision was entered by this Court. Both the petition and the decision in the Lax case clearly identified the MCDA II partnership. The statutory requirements have been met toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011