- 2 - OPINION HALPERN, Judge: I. Introduction This case involves a petition for the readjustment of certain partnership items reported on the 1986 tax return of Crop Associates-1986, a limited partnership with its principal place of business in Coachella, California (the partnership). The petition was filed by a partner other than the tax matters partner. Frederick H. Behrens is the tax matters partner, and, on June 28, 1999, we allowed Mr. Behrens to intervene in the case. On July 14, 1999, Mr. Behrens (intervenor) moved for leave to file amendment to petition (the motion and the amendment, respectively). The amendment would add to the petition the affirmative defense of equitable recoupment. In support of that defense, the intervenor avers: a. In 1986, the Partnership deducted a farming expense [which deduction respondent has disallowed]. b. In 1987, the Partnership reported as income an amount equal to the farming expense taken in 1986. c. The [1986 farming expense] * * * and offsetting adjustment for 1987 arise out of a single transaction, i.e., a farming contract. d. This single transaction is subject to two taxes based on inconsistent legal theories. e. Respondent’s position is that taxes paid for 1987 are statutorily barred from refund.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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