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dismiss this case for lack of jurisdiction insofar as it relates
to adjustments arising from petitioners' interest in J & S World
Nurseries Limited Partnership (Nurseries). At the time of the
filing of the petition herein, petitioners resided in Simi
Valley, California. Some of the facts have been stipulated and
are so found. The stipulation of facts and attached exhibits are
incorporated herein by this reference.
During the years 1985 and 1986, petitioners were limited
partners in Nurseries. Their interest was .45 percent and there
were over 100 partners in Nurseries. On March 12, 1993, Form
870-P(AD), Settlement Agreement for Partnership Adjustments, was
executed by Harvey Minars, tax matters partner (TMP) for
Nurseries and by Robert Rosenblatt, Associate Chief, New York
City Appeals on behalf of respondent. The Form 870-P(AD)
represented an offer made by the TMP of Nurseries and provided
that, if accepted by the Commissioner,
the treatment of partnership items under this agreement
will not be reopened in the absence of fraud,
malfeasance, or misrepresentation of fact; and no claim
for refund or credit based on any change in the
treatment of partnership items may be filed or
prosecuted.
This offer is made by the [TMP] and binds all non
notice and other partners to the terms of the agreement
for whom the [TMP] may act under section 6224(c)(3) * *
*
In addition, the Form 870-P(AD) provided for the waiver of
the restrictions on assessment and collection of any deficiency
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