- 19 - jurisdiction with respect to the at-risk issue. On the contrary, the decision in Hambrose II was rendered on May 27, 1994, the date this Court entered a decision based on the stipulated settlement agreement. Furthermore, petitioners' reliance on the case of Armstrong v. Commissioner, supra, is misplaced because the Court in that case dismissed a petition; i.e., an entire proceeding, for lack of jurisdiction. Petitioners' argument on this issue is without merit. On this record, the Court holds that a decision was entered in the partnership proceeding on May 27, 1994, which decision subsequently became final on August 25, 1994.11 The Court holds further that the notices of deficiency were timely issued to petitioners under section 6229(a) because the notices were mailed on May 19, 1995, which was within 1 year after the decision in the partnership proceeding became final. At-Risk The second issue for decision is whether petitioner was "protected against loss" within the meaning of section 465(b)(4) with respect to his pro rata share of the Limited Recourse Note, 11 A stipulated decision, though generally not subject to appeal except on jurisdictional grounds, Clapp v. Commissioner, 875 F.2d 1396 (9th Cir. 1989), is still considered a reviewable decision that becomes final 90 days after entry of decision. Pesko v. United States, 918 F.2d 1581 (Fed. Cir. 1990); Sherry Frontenac, Inc. v. United States, 868 F.2d 420 (11th Cir. 1989); Security Indus. Ins. Co. v. United States, 830 F.2d 581 (5th Cir. 1987) (all cited in Ripley v. Commissioner, 105 T.C. 358, 362 (1995), revd. on other grounds 103 F.3d 332 (4th Cir. 1996)).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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