- 5 - of Shane was transferred to the Danish Breeder's Group of Copenhagen, Denmark (Danish Breeder's), in the records of the USTA. An unsigned copy of the partnership agreement attached to the private placement memorandum was submitted in March 1987 to the USTA in order to show the source of authority to sell Shane to Danish Breeder's. Procedural Background The partnership filed returns on a calendar year basis and filed its 1983 return timely on April 15, 1984. In 1986, respondent was conducting an audit of the partnership's 1983 tax year. At all times, Mr. Farley handled the audit with Revenue Agent James Schrmack. On or about May 12, 1986, Mr. Schrmack and Mr. Farley met to go over the audit. During this meeting, Mr. Schrmack advised Mr. Farley that a notice of the beginning of examination for 1983 had to be sent out to the partnership and that a tax matters partner (TMP) had to be named for the partnership. Because it was probable that the period of limitations would have to be extended, Mr. Schrmack needed someone with whom he could conduct the examination, and someone who could sign a consent to extend the period of limitations. Mr. Schrmack advised Mr. Farley that, in the event a TMP was not named, Mr. Schrmack would have to get Mr. Jonell to sign such a consent. Absent a valid extension, the expiration date for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011