Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 25




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          limited to respondent’s motion for partial summary judgment,                
          which was disposed of long ago.                                             
                    (2)  Agency                                                       
               AVA argues that, even if AMCOR was not a partner in the                
          partnership on February 1, 1985, AMCOR, as managing agent, had              
          the authority from AVA to execute the AVA 1984 Form 1065.                   
               Section 6063 requires that a partnership return be signed by           
          any one of the partners, and respondent argues that section 6063            
          is to be taken literally, so that a partnership return must be              
          signed by a partner “and not by a partner’s agent.”  Respondent             
          also argues that AVA has failed to prove that AMCOR’s agency                
          relationship with the partnership encompassed the signing of                
          AVA’s tax return.                                                           
               The evidence establishes that AMCOR had a certain limited              
          authority to act for the partnership, e.g., management of all               
          "day to day activities”, and was to “oversee the Partnership’s              
          operational and tax reporting procedures.”  Supra sec. III.A.2.             
          Respondent is correct that AVA has failed to prove AMCOR’s                  
          authority to file tax returns on behalf of the partnership.                 
          Moreover, we agree with respondent that section 6063 requires a             
          partner’s signature and not the signature of a partner’s agent.             
          Section 601.504(a), Statement of Procedural Rules, addresses the            
          requirements for filing powers of attorney.  Paragraph (a)(6)               
          thereof states:                                                             






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