- 53 -
that, except for the identification thereon of TFV, is identical
to the AVA Form 872-P for 1985. The September 29, 1988,
Form 872-P for 1985 was executed by a representative of
respondent’s on October 5, 1988.
7. TFV FPAA
On April 10, 1991, respondent issued an FPAA to TFV,
addressed to “Tax Matters Partner” (the TFV FPAA), for its 1984
and 1985 taxable years.
B. OPINION
1. 1984 Taxable Year
The issue here is the same as it is with respect to AVA for
1984. See supra sec. III.B.1.a. The parties have stipulated:
On February 5, 1985, when Mr. Voyer signed the 1984 TFV Form
1065, he was an officer and employee of AMCOR; if AMCOR is
determined to have been a general partner of TFV for Federal
income tax purposes when the TFV 1984 Form 1065 was signed by
Mr. Voyer, then such return is valid. We must, thus, determine
whether AMCOR was a partner of TFV on February 5, 1985.
TFV makes essentially the same arguments made by AVA. It
does not, however, argue that, by way of stipulation, respondent
has admitted that AMCOR was a general partner in TFV throughout
1985. The relevant statutory provision is TULPA section 10(5),
which, in pertinent part, provides: “[W]ithout the written
consent or ratification of the specific act by all the limited
partners, a general partner or all the general partners have no
authority to: * * * Admit a person as a general partner.”
Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 NextLast modified: May 25, 2011