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which is separate from the partnership proceeding involving
Barrister.
Background
Notices of final partnership administrative adjustment
(FPAA) for 1983 and 1984 were mailed on September 5, 1989, to
Barrister and its general partner/tax matters partner (TMP). The
TMP timely filed a petition on November 17, 1989. Petitioners
here moved to participate in the Barrister partnership
proceeding, and this Court granted their motion. The Barrister
proceeding concluded by the entry of an agreed decision on
January 5, 1995, pursuant to an agreement between respondent and
the TMP. The TMP, by means of its execution of a stipulated
decision document, certified that no party objected to the entry
of the decision. Respondent assessed tax and interest against
petitioners for 1983 and 1984 reflecting the treatment of their
share of partnership items in accordance with the decision
entered in the Barrister proceeding.
Petitioners herein claim that they were neither given notice
of, nor were in agreement with, the settlement between respondent
and the TMP. Petitioners further contend that respondent knew,
at the time of the execution of the stipulated decision, that
they had not received notice of the settlement.1 Petitioners,
however, did receive a copy of the decision on January 9, 1995, 4
1 We assume for purposes of these motions that petitioners'
claims can be substantiated.
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