James L. and Eva J. Downs - Page 6




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          stamp reflecting that it was returned because the forwarding                
          order had expired for the Walnut Street address.  Petitioners had           
          moved from Walnut Street in 1984 to 24672 Jeremiah Drive, Dana              
          Point, California (Jeremiah Drive address).  The letter states              
          that the IRS was beginning an examination of the Utah Jojoba I              
          partnership for tax year 1983.  There is no clear date on the               
          letter, but it is stamped as “Received” by the TEFRA/tax shelter            
          section of the IRS on July 25, 1986, presumably the date it was             
          returned as undeliverable.                                                  
               Section 6223 requires the Commissioner to send the notice of           
          beginning administrative proceeding (NBAP) and the notice of                
          final partnership administrative adjustment (FPAA) to each                  
          partner whose name is furnished to the Commissioner.  Under                 
          subsection (c) of that section, unless additional information is            
          provided by the tax matters partner, the Commissioner is required           
          to use the address shown on the partnership return in mailing the           
          NBAP and the FPAA.  The Walnut Street address is shown on                   
          petitioners’ 1982 and 1983 Federal income tax returns as well as            
          on the Schedules K-1 for Utah Jojoba I for 1982 and 1983.  There            
          is no indication that respondent was advised of any different               
          address for petitioners in accordance with section 6223(c)(2).              
          Therefore, there was no error on behalf of respondent regarding             
          the NBAP.                                                                   








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