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Procedure.) The Court agrees with and adopts the Opinion of the
Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
ARMEN, Special Trial Judge: This case is before the Court
on respondent's Motion to Dismiss for Lack of Jurisdiction. The
issue to be decided is whether the petition for readjustment was
filed within the period prescribed in section 6226.
Background
On May 17, 1995, Hoyt and Sons Ranch Properties, Ltd. (the
partnership) filed a bankruptcy petition with the U.S. Bankruptcy
Court for the District of Oregon.
On July 17, 1996, respondent issued a notice of final
partnership administrative adjustment (FPAA) to Walter J. Hoyt,
III (Mr. Hoyt or petitioner), the partnership's tax matters
partner (TMP), determining adjustments to the partnership's
return (Form 1065) for the taxable year 1992. On April 2, 1997,
respondent issued an FPAA to Mr. Hoyt, determining adjustments to
the partnership's return (Form 1065) for the taxable year 1993.
In addition to serving as the partnership's TMP, Mr. Hoyt is a
notice partner of the partnership within the meaning of section
6231(a)(8).
On June 18, 1997, the bankruptcy court issued an order
granting Mr. Hoyt's motion for an order to release the so-called
bankruptcy automatic stay (imposed under 11 U.S.C. sec. 362(a)(8)
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