S. Byrne Doyle and Barbara S. Doyle - Page 12

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          not so authorized, petitioners should be equitably estopped from            
          denying that Mr. Farley executed a valid consent.                           
               Petitioners concede that, if the 1986 consent was validly              
          executed, then the period of assessment was open under section              
          6229(b) when the FPAA was issued, the February 6, 1996, notice of           
          deficiency was timely, and, in light of the decision in Brown v.            
          Commissioner, T.C. Memo. 1992-379 (in which petitioners were                
          parties), the substantive determinations set forth therein are              
          correct.  Therefore, the only issue for decision is whether the             
          1986 consent executed by Mr. Farley was valid by virtue of Mr.              
          Farley's having been authorized in writing by the partnership               
          under section 6229(b)(1)(B) to extend the period of limitations.5           
               There are two potential sources of the authority6 of Mr.               
          Farley:  (1) The partnership agreement itself, and (2)                      
          Pennsylvania partnership law.                                               

               5  In this context, petitioners' arguments as to Mr.                   
          Farley's eligibility for TMP status are irrelevant.  If he was              
          authorized in writing, he need not even be a partner, let alone             
          the TMP.  Amesbury Apartments, Ltd. v. Commissioner, 95 T.C. 227            
          (1990).                                                                     
               6  We need not concern ourselves with the regulations                  
          governing agreements to extend the 3-year period of limitations             
          contained in sec. 301.6229(b)-1, Proposed Proced. & Admin. Regs.,           
          51 Fed. Reg. 13231, 13243 (April 18, 1986), and sec. 301.6229(b)-           
          1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6779, 6789               
          (March 5, 1987).  The temporary regulations, which were adopted             
          after the date upon which Mr. Farley signed the 1986 consent, do            
          not, however, invalidate prior authorization granted by the                 
          partnership.  Amesbury Apartments, Ltd. v. Commissioner, 95 T.C.            
          227, 242 (1990).                                                            






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