- 14 - As previously noted, in his response to respondent's request for admissions, petitioner replied "No" to paragraphs 9 and 10, which stated that, for 1992 and 1993, the Partnership "did not file the statement required by Treas. Reg. 301.6231(a)(1)-1T(b) to elect treatment under the provisions of Subtitle F, Chapter 63, Subchapter C (I.R.C. sec. 6221 et al.) of the Internal Revenue Code." However, it is apparent from the record that the election contemplated by the above regulation was not filed for 1992 or 1993, and petitioner does not contend otherwise in his "Opposition to Motion for Partial Summary Judgment" (Opposition). Rather, petitioner argues in his Opposition that "the partnership had no need to make a special, separately-signed unanimous election to * * * apply the consolidated audit and notice provisions" for 1992 and 1993 because, for various reasons, the Partnership did not fall within the small partnership exception of section 6231(a)(1)(B) during those years. In response to petitioner's argument, upon our examination of the record, including the Forms 1065 for 1992 and 1993 and Schedules K-1 attached thereto, we are convinced that the Partnership was indeed a small partnership within the meaning of section 6231(a)(1)(B) in those years. In 1992 and 1993, the Partnership consisted of 10 or fewer partners based on the counting rule of section 6231(a)(1)(B)(i), which provides that a husband and wife (and their estates) shall be treated as 1Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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