Life Care Communities of America, LTD., a Florida Limited Partnership, Robert W. and Johanna McMichael, Partners Other Than the Tax Matters Partner - Page 6

                                        - 6 -                                         

          Federal income tax returns for 1989 and 1990 on the ground that             
          petitioner was no longer a partner in Life Care after January 12,           
          1989.                                                                       
               On June 27, 1994, respondent mailed separate notices of                
          final partnership administrative adjustment (FPAA) to the tax               
          matters partner (TMP) for Life Care determining adjustments to              
          the partnership's tax returns for 1989 and 1990.  On August 8,              
          1994, respondent mailed a copy of the FPAA to petitioners.  Each            
          of the FPAA's contains identical language stating:                          
               It is determined that the purchase and sale of                         
               partnership interests between partners Robert                          
               McMichael, Hudson Fowler, and Raymond Smith was                        
               effective on June 30, 1990 rather than on January 13,                  
               1989.  The correct distributive shares of partnership                  
               income, loss, deductions, and credits have been                        
               determined based on their ownership percentages in                     
               accordance with section 706 of the Internal Revenue                    
               Code.                                                                  
          The TMP for Life Care did not file a petition for readjustment              
          with the Court respecting the above-described FPAA's.  However,             
          petitioners filed a timely petition with the Court ostensibly as            
          partners other than the TMP.4                                               
          Discussion                                                                  
          1.  Respondent's Motion To Dismiss for Lack of Jurisdiction and             
               To Strike                                                              
               As indicated, the petition for readjustment includes                   
          allegations that Johanna McMichael is entitled to relief as an              

          4  At the time the petition was filed, Life Care maintained its             
          principal place of business in Naples, Florida.                             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011