Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 39




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               Respondent received three letters with respect to the                  
          partnership, dated June 16, July 14, and September 30, 1988,                
          respectively (the three letters).  Each of the three letters                
          states that, as referenced in the limited partnership agreement,            
          the general partners have designated George L. Schreiber as TMP             
          (the first two of the three letters say “until the Partnership              
          termination”, while the last says “for the 1985 tax year and                
          until the Partnership termination”).  The three letters are                 
          signed by Messrs. Behrens, Schreiber, and Wright in various                 
          capacities with respect to AMCOR or as a general partner of DV-             
          85.                                                                         
               On June 17, 1988, Mr. Schreiber was a general partner of the           
          partnership.  On that date, he executed a Form 872-P with respect           
          to the partnership (the DV-85 Form 872-P for 1985) that, except             
          for the date and the identification thereon of DV-85, is                    
          identical to the AVA Form 872-P for 1985.  The DV-85 Form 872-P             
          for 1985 was executed by a representative of respondent’s on                
          June 23, 1988.                                                              
               On April 10, 1991, respondent issued an FPAA to the                    
          partnership, addressed to “Tax Matters Partner” (the DV-85 FPAA),           
          for its 1985 taxable year.                                                  
               B.  OPINION                                                            
                    1.  Introduction                                                  
               The partnership timely filed the DV-85 1985 Form 1065, and,            
          unless the 3-year period was extended, the DV-85 FPAA, issued on            




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