- 25 - interpretation of the agreement supports his contention that the partnership items should be allocated to a limited number of partners. First, petitioner asserts, on brief, that the tax matters partner believed that pursuant to the Code provisions, partners who settled on an individual basis should be excluded from allocations to be determined under the agreement because such partners are no longer parties to this action. Respondent argues that even assuming that the tax matters partner believed the calculations under the agreement would be made by applying its provisions only to the partners who are parties to this action, such belief is a mistake of law, and thus it does not preclude enforcement of the agreement. Assertions made in briefs do not constitute evidence. Rule 143(b). There is no evidence on the record to support petitioner's assertion as to the belief of the tax matters partner at the time the agreement was made. Further, we agree with respondent that the tax matters partner's asserted belief is mistaken, and, whether the mistake is of fact or law, it is not grounds for rescinding an agreement under section 6224. Korff v. Commissioner, T.C. Memo. 1993-33. Therefore, the agreement is enforceable. In the alternative, petitioner argues that by its terms the agreement does not apply to partners who have settled with thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011