William and Arlene G. Kingston - Page 15

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            under section 465 must be decided in a partner-level proceeding,                          
            not in a partnership-level proceeding.  In that opinion, the                              
            Court also decided that, for purposes of any subsequent                                   
            litigation involving the partnership, the installment note for                            
            the Additional Equipment was nonrecourse as to the partnership.                           
            Id. at 303, 312.  The decision in that case was entered on                                
            September 24, 1992, and became final on December 23, 1992.                                
                  On October 6, 1993, this Court granted respondent's "Motion                         
            to Dismiss for Lack of Jurisdiction as to I.R.C. Section 465 and                          
            To Strike" in Hambrose II, and all references to the "at risk"                            
            issue were, therefore, stricken from the pleadings.  On May 27,                           
            1994, this Court entered a decision in Hambrose II based on a                             
            stipulated settlement agreement under Rule 248(a) in which                                
            respondent accepted as filed the partnership items for the                                
            taxable years 1985 and 1986 of the partnership.  This decision                            
            became final on August 25, 1994.                                                          
                  On May 19, 1995, respondent issued statutory notices of                             
            deficiency to petitioners, one for the 1985 tax year and one for                          
            the 1986 tax year, in which the claimed deductions for 1985 and                           
            1986 with respect to the partnership were disallowed, and                                 
            additions to tax and increased interest were asserted.                                    
            Untimely Notice                                                                           
                  The first issue for decision is whether respondent timely                           
            issued notices of deficiency to petitioners in this case.                                 





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