Larry Brown - Page 14

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               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 1                  






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