Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 57

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          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.  The             






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