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copies of the FPAA's respecting Mountain View's taxable years
1986, 1987, and 1988.
Relying on Mrs. Callaway's December 23, 1991, letter and
respondent's failure to prove that NBAP's were mailed to
petitioners with respect to Mountain View's 1986 and 1987 taxable
years, petitioners contend that their partnership items converted
to nonpartnership items either at the time that respondent should
have mailed the NBAP's to petitioners or upon delivery of Mrs.
Callaway's December 23, 1991, letter requesting that her
partnership items be treated as nonpartnership items.
Even assuming that respondent failed to mail the NBAP's, the
record is clear that respondent mailed FPAA's to petitioners
respecting Mountain View's 1986, 1987, and 1988 taxable years on
October 5, 1992--prior to the date that a partner other than the
TMP filed a petition for readjustment of Mountain View
partnership items with the U.S. Court of Federal Claims. Under
the circumstances, Mrs. Callaway's remedy, upon receipt of the
FPAA's, was to make an election under section 6223(e)(3)(B) to
have her Mountain View partnership items treated as
nonpartnership items. Cf. Wind Energy Associates III v.
Commissioner, 94 T.C. 787, 791-792 (1990). In this regard,
section 301.6223(e)-2T(c)(2), Temporary Proced. & Admin. Regs.,
52 Fed. Reg. 6785 (Mar. 5, 1987), provides:
The election shall be made by filing a statement with
the Internal Revenue Service office mailing the notice
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