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BIRCH ST., STE 610 EAST TOWER, NEWPORT BEACH, CA 92660". The AVF
1985 Form 1065 does not designate any partner as the TMP of AVF.
On September 30, 1988, Messrs. Behrens and Schreiber signed
a letter (the second September 30 letter) with respect to AVF
that, in pertinent part, is identical to the September 30 letter.
See supra sec. III.A.5. The second September 30 letter was
properly signed by Messrs. Behrens and Schreiber, who, together,
represented 67 percent of the general partner’s profit interests.
The circumstances surrounding Messrs. Behrens and Schreiber’s
signing the second September 30 letter are identical to the
circumstances surrounding their signing the September 30 letter.
On September 30, 1988, Mr. Schreiber executed a Form 872-P
with respect to AVF (the AVF Form 872-P for 1985) that, except
for the identification thereon of AVF, is identical to the AVA
Form 872-P for 1985. See supra sec. III.A.6. The AVF Form 872-P
for 1985 was executed by a representative of respondent’s on
October 4, 1988.
On April 10, 1991, respondent issued an FPAA to AVF,
addressed to “Tax Matters Partner” (the AVF FPAA), for its 1985
taxable year.
B. OPINION
The issue here is the same as it is with respect to AVA for
1985, except that it is the validity of the second September 30
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