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filing of the underlying 1989 tax return. However, since we have
held that Mr. Hoyt was the valid TMP of the Hoyt partnerships for
the years in issue, and since petitioners concede that Mr. Hoyt
signed an extension agreement for TBS J.V.’s 1989 taxable year,
even if a 1989 return had been filed, the period of limitations
for the 1989 taxable year would not have expired before April 17,
1995.
Upon the basis of the record, we find that TBS J.V. failed
to file partnership returns for both the 1989 and 1990 taxable
years and hold that the period of limitations for TBS J.V.’s 1989
and 1990 taxable years did not expire before April 17, 1995.
9. Conclusion
The parties have stipulated that if this Court finds that
the respective periods of limitations had not expired before the
mailing of the FPAA's, then the FPAA's were timely and properly
sent to the TMP of the Hoyt Partnerships for each of the
partnership years in issue.
Upon the basis of the record, we find that Mr. Hoyt was the
TMP when he executed extension agreements with respect to the
years in issue and, therefore, hold that the periods of
limitations with respect to years in issue had not expired
pursuant to section 6229(b)(1)(B) as of April 17, 1995.
Because we find that Mr. Hoyt was TMP of the Hoyt
partnerships when he executed extension agreements for the years
in issue, we need not, and do not, address other issues raised by
the parties.
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