113 T.C. No. 15 UNITED STATES TAX COURT CROP ASSOCIATES - 1986, W. KEITH OEHLSCHLAGER, A PARTNER OTHER THAN THE TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 12532-90. Filed September 14, 1999. The tax matters partner, intervenor, has moved to file amendment to petition, which would add to the petition the affirmative defense of equitable recoupment. R objects on various grounds. We agree with R that equitable recoupment is not a partnership item and that granting the motion would suprise and substantially disadvantage R. The motion will be denied. Held: Equitable recoupment is not a partnership item; held, further, R would be surprised and substantially disadvantaged were we to grant the motion. Steven R. Mather, for intervenor. William H. Quealy and Alice M. Harbutte, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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