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The primary issue for consideration is whether the affected
items notices of deficiency are valid. In this connection, we
must consider whether the partnership items of each petitioner
converted to nonpartnership items. If the partnership items of
either petitioner remain as partnership items, we must further
decide whether the period of limitations has expired for issuance
of that affected items notice of deficiency.
Background
Petitioners are the estate of James T. Callaway and
Elizabeth N. Callaway (Mrs. Callaway), James T. Callaway's
surviving spouse. James T. Callaway (decedent) died on December
8, 1990. Mrs. Callaway is the duly appointed executrix of
decedent's estate.
During the taxable years 1986, 1987, and 1988, decedent was
a limited partner in a partnership known as Mountain View Mall
Associates (Mountain View or the partnership). Decedent and Mrs.
Callaway filed joint Federal income tax returns reporting
decedent's distributive share of losses reported on Mountain
View's partnership returns for the taxable years 1986, 1987, and
1988.
On February 5, 1991, respondent mailed to decedent a notice
of the beginning of an administrative proceeding (NBAP)
1(...continued)
amended. Rule references are to the Tax Court Rules of Practice
and Procedure.
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