Agri-Cal Venture Associates, Frederick H. Behrens, Tax Matters Partner, et al. - Page 54




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          Tex. Rev. Civ. Stat. Ann. art. 6132a (West 1970).  TFV has failed           
          to prove that AMCOR was admitted as a co-general partner of the             
          partnership in accordance with TULPA section 10(5) on or before             
          February 5, 1985.  We reject TFV’s other arguments for the                  
          reasons set forth supra in section III.B.1.e.(1) and (2).8                  
               We find that the TFV 1984 Form 1065 was not signed by any              
          partner who had authority to sign it, and, consequently, it was             
          not a valid partnership return.  The TFV FPAA was issued before             
          expiration of the section 6229(a) assessment period and was                 
          effective to suspend the running of that period.  See supra                 
          sec. III.B.1.f.                                                             


                    2.  1985 Taxable Year                                             
               The issue here is the same as it is with respect to DV-85              
          for 1985.  See supra sec. V.B.  The partnership timely filed the            
          TFV 1985 Form 1065, and, unless the 3-year period was extended,             
          the TFV FPAA, issued on April 10, 1991, was issued after the                
          expiration of the 3-year period.  Respondent relies on the                  
          September 29 TFV Form 872-P for 1985 to show such extension.                
          There are technical defects in the June 16 and September 29                 
          letters, and respondent concedes that neither of them complies              
          with the requirements of section 301.6231(a)(7)-1T(e), Temporary            
          Proced. & Admin. Regs., 42 Fed. Reg. 6791 (Mar. 5, 1987), for               
          designating a TMP.  Also, respondent concedes that Mr. Schreiber,           


               8  TFV has not produced any agreement by which AMCOR was               
          engaged as managing partner of the partnership.                             

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