Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 34




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          delivery of it to an officer at his office.  See Miton v. United            
          States, 105 F.2d 253 (5th Cir. 1939) (containing an extensive               
          summary of the meaning of the term “filing” and consequences                
          thereof); cf. sec. 7502 (timely mailing is timely filing).  Based           
          on AVA’s substantial compliance with section 301.6231(a)(7)-                
          1T(e), Temporary Proced. & Admin. Regs., we find that the                   
          September 30 letter was filed on September 30, 1988.  The                   
          September 30 letter was, therefore, effective on September 30,              
          1988, the day the AVA Form 872-P for 1985 was signed by Mr.                 
          Schreiber.                                                                  
                    e.  AVA’s Other Arguments                                         
               AVA argues, even if the AVA Form 872-P for 1985 was validly            
          executed, Mr. Schreiber’s consent to extend the section 6229(a)             
          assessment period was a legal nullity because there never was a             
          meeting of the minds between the parties.  AVA avers:  “Behrens,            
          Schreiber and Wright were all unaware of respondent’s criminal              
          investigation of * * * [AMCOR] and themselves and would not have            
          executed the Forms 872-P if they had that knowledge.”  We have              
          described respondent’s criminal investigation in Crop                       
          Associates–1986, Frederick H. Behrens, Tax Matters Partner v.               
          Commissioner, T.C. Memo. 2000-216.  AVA has failed to prove that            
          Mr. Schreiber was unaware of the state of that investigation on             
          September 30, 1988, or that, given that knowledge, he would have            
          refused to sign the AVA Form 872-P for 1985.                                






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