- 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
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