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letter, and not the first, that is at issue. For the reasons set
forth supra in section III.B.2, we find that the second
September 30 letter is valid. Therefore, we find that George L.
Schreiber was the TMP of AVF on September 30, 1988, the day he
executed the AVF Form 872-P for 1985. The AVF Form 872-P for
1985 was, thus, effective to extend the 3-year period for all of
the partners of the partnership for 1985. The AVF FPAA was
timely issued.
V. DV-85
A. FINDINGS OF FACT
DV-85 (sometimes, the partnership), a calendar-year
taxpayer, is a California limited partnership formed in 1985
pursuant to the CRLPA.
On June 28, 1985, Messrs. Behrens, Schreiber, and Wright, as
general partners, and certain others entered into an agreement of
limited partnership with respect to the partnership (the DV-85
limited partnership agreement or the agreement). The agreement
contains provisions substantially identical to the provisions of
the AVA limited partnership agreement set forth supra in section
III.A.2.
For 1985, the partnership timely made a return of income
(the DV-85 1985 Form 1065). The DV-85 1985 Form 1065 does not
designate any partner as the TMP of DV-85.
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