Crop Associates-1986, Frederick H. Behrens, Tax Matters Partner - Page 34




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          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.                          





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