Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 6




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          respect to AVA, AVF, DV-85, HFA-II,3 and TFV, a valid Form 872-P,           
          Consent to Extend the Time to Assess Tax Attributable to Items of           
          Partnership (Form 872-P), was executed by a person with the                 
          authority to bind the partnership pursuant to section                       
          6229(b)(1)(B).                                                              
               For convenience and clarity, we set forth separately our               
          findings of fact and opinion with respect to each of the five               
          partnerships (sometimes, collectively, the partnerships).  We               
          precede that discussion, however, with a discussion of certain              
          provisions of law applicable generally with respect to the                  
          partnerships.                                                               
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
          II.  Generally Applicable Provisions of Law                                 
               A.  Period of Limitations Applicable to Assessment of                  
                    Partnership Items                                                 
               These consolidated cases arise in connection with                      
          respondent’s determination of certain partnership items.  See               
          secs. 6221, 6226(a) and (b).  Section 6229(a) provides that the             
          period for assessing any Federal income tax attributable to any             

               3  For HFA-II, the issues are in the alternative because, if           
          we find that no valid partnership return was filed for 1985,                
          which, if filed, would have fixed the period for assessing any              
          tax, we need not address whether there was a valid consent to               
          extend such period.                                                         




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