- 22 - regarding the proceeding within 45 days after the date on which that notice was mailed. Under the circumstances, we are not persuaded that Mrs. Callaway's earlier letter to respondent dated December 23, 1991, wherein Mrs. Callaway requested that her partnership items be treated as nonpartnership items, constitutes a qualifying election within the meaning of section 6223(e)(3)(B). Finally, we are satisfied that Mrs. Callaway's letter dated December 23, 1991, in which Mrs. Callaway unilaterally attempted to terminate any extension of the period of limitations concerning the partnership for the years in issue, was ineffective to overcome the TMP's broad grant of authority under section 6229(b)(1)(B) to execute agreements to extend the period of limitations. Because Mrs. Callaway does not assert that the notices of deficiency for affected items were issued beyond 1 year from the date that the U.S. Court of Federal Claims' decision in the partnership level proceedings became final, see sec. 6229(d), we deem the point conceded. In sum, we conclude that Mrs. Callaway's partnership items did not convert to nonpartnership items, and the notices of deficiency for affected items are valid insofar as they were issued to Mrs. Callaway. Petitioners have failed to prove that the period of limitations expired prior to the issuance of the notices of deficiency for affected items to Mrs. Callaway.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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