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I. Introduction
Petitioner is a Delaware corporation with its principal
place of business in Wayne, New Jersey. Rhone-Poulenc
Surfactants and Specialties, L.P., is a Delaware limited
partnership.5 Petitioner is a partner in the partnership other
than the tax matters partner. By notice of final partnership
administrative adjustment dated September 12, 1997 (the FPAA),
respondent proposed adjustments with respect to the partnership
for its 1990 taxable (calendar) year. The parties have presented
us with questions of law that, were we to answer them as
petitioner requests, would leave us without any genuine issue of
fact. However, we do not answer those questions as petitioner
requests. We are left with a genuine issue of fact. Therefore,
summary disposition is inappropriate. See Rule 121(b).6
II. Discussion
A. Respondent’s Adjustments
Respondent has not adjusted any item of income, loss,
deduction, or credit of the partnership, but he has challenged
the partnership’s treatment of a certain transfer of property.
5For convenience, we use the terms “partnership” and
“partner” without deciding whether a partnership existed or
petitioner was a partner in that partnership, conclusions that
respondent disputes.
6Petitioner has requested a hearing on the motion. The
parties’ submissions fully set forth their respective positions,
and we see no need for any further argument. Therefore, we have
not granted petitioner’s request for a hearing.
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Last modified: May 25, 2011