Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 18




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                    (1)  The amount(s) of any Federal income tax with                 
               respect to any person on any partnership item(s) for                   
               the above partnership for the period(s) ended                          
               December 31, 1985 may be assessed at any time on or                    
               before April 30, 1991.  If a notice of Final                           
               Partnership Administrative Adjustment is sent to the                   
               partnership, the time for assessing the tax for the                    
               period(s) stated in the notice of Final Partnership                    
               Administrative Adjustment will not end until 1 (one)                   
               year after the date on which the determination of                      
               partnership items becomes final.                                       
          The AVA Form 872-P for 1985 shows AVA’s taxpayer identification             
          number as 33-0044218.                                                       
                    7.  AVA FPAA                                                      
               On April 10, 1991, respondent issued an FPAA to the                    
          partnership, addressed to “Tax Matters Partner” (the AVA FPAA),             
          for its 1984 and 1985 taxable years.                                        
               B.  OPINION                                                            
                    1.  1984 Taxable Year                                             
                    a.  Introduction                                                  
               Respondent issued the AVA FPAA to the partnership on                   
          April 10, 1991.  Since such date is more than 3 years after the             
          last day for filing the AVA 1984 Form 1065, see section 6072(a),            
          we must determine whether that date is also more than 3 years               
          after a valid AVA 1984 Form 1065 was received by respondent.  See           
          sec. 6229(a).  If it is not, then the AVA FPAA was timely to                
          suspend the running of the section 6229(a) assessment period, and           
          AVA’s affirmative defense of statute of limitations fails for               
          1984.  See also sec. 6229(c)(3).  Respondent has responded to               






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