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you should not raise any penalty issues should you
decide to petition the Tax Court with respect to this
FPAA.
On June 12, 1989, a case was commenced in this Court at
docket No. 13191-89 and captioned “Dickinson Recycling
Associates, Sam Winer, Tax Matters Partner, Petitioner v.
Commissioner of Internal Revenue, Respondent”.10 Subsequently,
on February 23, 1994, the Court entered decision in the Dickinson
case pursuant to the Commissioner’s Motion for Entry of Decision
under Rule 248(b). The Court’s decision, which reflected the
full concession by Dickinson of all items of income, loss, and
the underlying valuation for the recyclers for 1982 through 1985,
completely sustained the Commissioner’s FPAA determinations for
those years.
J. Payment of Additional Interest by Petitioners
In November 1994, after the Court’s decision in the
partnership action at docket No. 13191-89 became final,
respondent mailed a letter to petitioners advising them that
their amended return related to Dickinson for the taxable year
1982 had been accepted as filed11 and that the provisions of
10 All of the limited partners of Dickinson who had an
interest in the outcome of the partnership proceeding were
treated as parties to the proceeding. See sec. 6226(c) and (d).
See also Title XXIV, Tax Court Rules of Practice and Procedure,
regarding partnership actions.
11 In September 1988, petitioners amended their income tax
returns for 1982 through 1985. Copies of those returns are not
(continued...)
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