- 34 - actually was obtained pursuant to that misrepresentation. Petitioner claims that, as a result of respondent’s concealment of his criminal investigation, respondent was able to obtain “putative extensions” of the statute of limitations. We have found that the 1986 partnership return (a calendar-year return) was timely made and that the FPAA was dated (and, we assume, mailed) on March 14, 1990. On the face of it, respondent had no need of any extension of the period of limitations, see section 6229(a), (d), and, in any event, petitioner has failed to prove that any agreement to extend the section 6229(a) period was entered into by any partner or any other person with authority to bind the partnership. See sec. 6229(b).7 7 Petitioner may have in mind agreements to extend the sec. 6229(a) period of limitations entered into by partners of other partnerships sponsored by AMCOR. Throughout the course of petitioner’s memoranda, petitioner fails clearly to relate his complaints to the partnership or distinguish between harms alleged to have been suffered by the partnership and harms suffered by AMCOR, its principals, or the remaining AMCOR sponsored partnerships. Respondent and the tax matters partners in certain related cases have stipulated that they will be bound in those cases by our order on the motion. During the course of the hearing, we cautioned petitioner that the hearing concerned only the motion, which pertained only to the partnership. Respondent opposed the motion, and participated in the hearing, on the basis that the motion concerned only the partnership. As we said supra sec. III., we shall examine how respondent conducted himself with respect to the partnership and not how he conducted himself with respect to any other person, except to the extent such person was acting for the partnership.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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