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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 prepared a Form 1065 (the HFA-II
1985 Form 1065), which was received by respondent on March 24,
1986. At the signature line on the HFA-II 1985 Form 1065 is what
appears to be a stamped signature block reading as follows:
AMERICAN AGRICORP, Managing Agent
By ______________________________
The signature of George Schreiber, “Sr VP”, appears on the line
in that block. The HFA-II 1985 Form 1065 shows the date of
Mr. Schreiber’s signature as February 4, 1986. The HFA-II 1985
Form 1065 does not designate any partner as TMP.
During 1985, AMCOR was not, at any time, a partner of
HFA-II. Mr. Schreiber was never either a general or limited
partner of HFA-II.
On April 10, 1991, respondent issued an FPAA to the
partnership, addressed to “Tax Matters Partner” (the HFA-II
FPAA), for its 1985 taxable year.
B. OPINION
1. Introduction
The issue here is similar to the issue presented with
respect to AVA for 1984, see supra section III.B.1. viz, whether
the HFA-II 1985 Form 1065 is invalid because not executed in
conformance with the Internal Revenue Code. If invalid, then
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