- 25 - 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:Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011