- 2 - 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)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011