Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 38




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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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