- 14 - applied; otherwise a limited partner's liability would apply as each installment of the Limited Recourse Note became due). Petitioner's Decision To Invest On November 1, 1985, petitioner executed subscription documents to purchase one-half of one unit in the partnership, for which he paid a total of $20,000 cash over the period from November 1985 through June 1987.9 Pursuant thereto, petitioner was required to, and did, therefore, assume personal liability for his pro rata portion of the Limited Recourse Note in the amount of $57,289. Procedural Background Respondent issued two Notices of Final Partnership Administrative Adjustment (the FPAA's) to the partnership for the tax years 1985 and 1986 on April 20, 1992. On July 17, 1992, the partnership filed a petition with this Court challenging the correctness of the FPAA, but making no claim that it was not timely. That case was captioned Hambrose Leasing v. Commissioner, under docket No. 16262-92 (Hambrose II). On September 1, 1992, this Court issued its opinion in a related case, pertaining to the 1984 tax year, Hambrose Leasing v. Commissioner, 99 T.C. 298 (1992) (Hambrose I). In Hambrose I, this Court held that the issue of whether a partner is at risk 9 Petitioner paid $4,600 cash on Nov. 1, 1985, and signed an Investor Note in the amount of $15,400, which he paid on over the following 2 years.Page: 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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