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