- 57 - Commissioner, 95 T.C. 477 (1990). However, in Mishawaka Properties Co. v. Commissioner, supra at 363, the Court explicitly noted that the partners were "seek[ing] refuge behind the fact that Finkelman may not have been the TMP when the petition was filed. * * * because they believe the period for assessment [had] expired. * * * [and] do not now wish to ratify, adopt, sanction, or in any way breathe life into the Finkelman petition." Despite the Mishawaka partners' later attempts to disavow the petition filed by Finkelman, we found that ratification of the petition was implied on the basis of the partners' conduct after the filing of the petition, even though none of the partners had expressly ratified the petition. The partners in Mishawaka were aware that Finkelman had represented them before the IRS, both individually and as a group (partnership), on all business and tax matters involving Mishawaka. Additionally, the partners knew about the FPAA's and that Finkelman had filed a petition or was acting on their behalf in connection with the IRS. Id. at 366. The Commissioner had treated the petition as precluding assessment of deficiencies against the partners until the partnership proceeding was concluded. We found that the partners had relied on Finkelman "both before and after the filing of the petition under consideration and did not question his authority until * * * it became advantageous to do so. ThePage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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