Myron Barlow and Arlene Barlow - Page 25




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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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