Hoyt and Sons Ranch Properties Ltd. NV - Page 2




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          The Court agrees with and adopts the Special Trial Judge’s                  
          opinion, which is set forth below.                                          
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               GOLDBERG, Special Trial Judge:  This matter is before the              
          Court on respondent’s Motion to Dismiss For Lack of Jurisdiction            
          on the grounds that the petition was not filed within the time              
          prescribed by section 6226(a) or (b), and that the petition was             
          not filed by the tax matters partner, a notice partner, or a 5-             
          percent group.  Petitioner objects to respondent’s motion and               
          counters that the notice of final partnership administrative                
          adjustment (FPAA) is invalid, or, in the alternative, the time              
          for filing a petition for redetermination with this Court was               
          equitably tolled.                                                           
                                     Background                                       
               Respondent determined adjustments to the partnership return            
          of Hoyt and Sons Ranch Properties Ltd. NV (Ranch Properties) for            
          its 1994 taxable year as set forth in the FPAA notice.  Ranch               
          Properties’ 1994 partnership return reflects that the partnership           
          had 116 partners.                                                           
               On August 13, 1998, respondent sent the FPAA notice by                 
          certified mail to Tax Matters Partner, Hoyt and Sons Ranch                  
          Properties, Ltd., at Post Office Box 210, Orovada, Nevada 89425             
          (Orovada address), and by certified mail to Walter J. Hoyt III,             
          Tax Matters Partner, at HC 71 Lone Pine Road, Burns, Oregon 97720           





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