Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 27




                                       - 27 -                                         
          statute of limitations.  See Lucas v. Pilliod Lumber Co., 281               
          U.S. 245, 249 (1930).  Mr. Voyer’s signature on the AVA 1984 Form           
          1065 does not comply with section 6063, and it is not adequate to           
          constitute it a valid return.                                               




                    (3)  Miscellaneous                                                
               AVA also argues that (1) there was only a technical flaw in            
          the AVA 1984 Form 1065, (2) since the partners of AVA relied on             
          the AVA 1984 Form 1065, they ratified it, and (3) respondent                
          accepted the return, and, therefore, it was effective to start              
          the running of the period of limitations.  None of those                    
          arguments are persuasive.                                                   
                    f.  Conclusion                                                    
               We find that the AVA 1984 Form 1065 was not signed by any              
          partner, and, consequently, it was not a valid partnership                  
          return.  See Plunkett v. Commissioner, 41 B.T.A. 700, 711 (1940),           
          affd. 118 F.2d 644 (1st Cir. 1944).  Therefore, AVA has failed to           
          satisfy the first element necessary for it to establish its                 
          affirmative defense for 1984, the filing of the partnership                 
          return, see Amesbury Apartments, Ltd. v. Commissioner, 95 T.C.              
          227, 240 (1990), and we must conclude that the AVA FPAA was                 
          issued before expiration of the section 6229(a) assessment period           








Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011