- 6 -
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.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011