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(A) the period within which a petition
for review of a final partnership
administrative adjustment under section 6226
may be filed has expired and no such petition
has been filed, or
(B) the decision of a court in an action
begun by such a petition has become final,
the partner may elect to have such adjustment, such
decision, or a settlement agreement described in
paragraph (2) of section 6224(c) with respect to the
partnership taxable year to which the adjustment
relates apply to such partner. If the partner
does not make an election under the preceding
sentence, the partnership items of the partner for the
partnership taxable year to which the proceeding
relates shall be treated as nonpartnership items.
(3) Proceedings still going on.--In any case to
which this subsection applies, if paragraph (2) does
not apply, the partner shall be a party to the
proceeding unless such partner elects--
(A) to have a settlement agreement
described in paragraph (2) of section 6224(c)
with respect to the partnership taxable year
to which the proceeding relates apply to the
partner, or
(B) to have the partnership items of the
partner for the partnership taxable year to
which the proceeding relates treated as
nonpartnership items.
As previously mentioned, respondent was unable to provide
the Court with copies of the NBAP's purportedly issued to
petitioners respecting Mountain View's 1986 and 1987 taxable
years. However, respondent did mail to decedent on February 5,
1991, a NBAP respecting Mountain View's 1988 taxable year.
Further, on October 5, 1992, respondent mailed to petitioners
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