Myron Barlow and Arlene Barlow - Page 24




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          the tax matters partner of the Dickinson partnership, for each of            
          the taxable years 1982 through 1985.  A copy of each FPAA was                
          also mailed to petitioners.                                                  
               The FPAA’s advised petitioners of adjustments that                      
          respondent proposed to make to the partnership returns (Forms                
          1065) filed by Dickinson.  Specifically, the FPAA’s disallowed               
          all deductions and credits claimed by Dickinson in connection                
          with its plastics recycling activities for 1982 through 1985.                
          Each of the FPAA’s also advised petitioners that they could agree            
          to the adjustments or, if they did not agree, how review could be            
          obtained by the tax matters partner, or by notice partners such              
          as petitioner, in this Court.  Each of the FPAA’s also included a            
          page entitled “For Information Purposes Only”, which provided as             
          follows:                                                                     
                    It has been determined that the partnership has                    
               improperly taken deductions or credits based on the                     
               overvaluation of assets and based on positions taken                    
               for which substantial authority was lacking.  It has                    
               also been determined that the transactions were entered                 
               into for tax motivated reasons and adjustments to the                   
               partnership items were due to negligence or intentional                 
               disregard of rules and regulations.  Penalties based on                 
               the above transactions, including but not limited to                    
               Internal Revenue Code sections 6659, 6661, 6621(c), and                 
               6653(a)(1)&(2), are applicable at the individual                        
               partner level and will be raised in separate                            
               proceedings at the partner level following the present                  
               partnership proceedings.                                                
                    A Court will not have jurisdiction to consider                     
               these partner penalties raised in a petition with                       
               respect to this Notice of Final Partnership                             
               Administrative Adjustment (FPAA) pursuant to Internal                   
               Revenue Code sections 6226(f) and 6231(a)(3).  Thus,                    





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