- 3 - in court proceedings. Subsequently, Department of Justice attorneys moved the court to reinstate Winer as Hamilton's TMP for the purpose of providing "administrative services". Following Winer's reinstatement, Winer and respondent entered into a series of agreements extending the period of limitations for assessing tax relative to Hamilton for the years 1982 through 1985. On March 13, 1989, respondent issued a notice of Final Partnership Administrative Adjustment (FPAA) to Hamilton for its 1982 through 1985 years. On May 15, 1989, Winer filed a petition with this Court on behalf of Hamilton that commenced a partnership action docketed as Hamilton Recycling Associates, Sam Winer, Tax Matters Partner, Petitioner v. Commissioner of Internal Revenue, docket No. 9990-89. In 1993, Winer, as TMP, entered into a settlement agreement with respondent to the effect that Hamilton conceded all adjustments in the FPAA. Accordingly, on November 9, 1993, pursuant to Rule 248(b), respondent filed a motion for entry of decision and lodged with the Court a proposed decision that reflected a full concession by the partnership of all partnership items for 1982 through 1985. No party objected to the proposed decision. Therefore, on February 17, 1994, respondent's motion for entry of decision was granted, and on February 23, 1994, the proposed decision was entered as the decision of the Court. Since no party appealed the Court's decision, the decision becamePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011