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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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