- 6 - Mr. Hoyt had authority that he could release or delegate to Mr. Cobb. As previously stated, respondent’s pending motion to dismiss for lack of jurisdiction is based on the grounds that the petition for readjustment was not filed within either of the time periods prescribed by section 6226(a) and (b), and that SGE was not a notice partner, and thus was not entitled to file the readjustment petition. Petitioner, in its objection to respondent’s motion to dismiss, contends: (1) It is a notice partner to which the FPAA should have been provided; (2) the FPAA notice mailed to the TMP at the Orovada address was never received, and, therefore, invalid; and (3) the period for filing SGE’s readjustment petition should be equitably tolled due to respondent’s failure to provide proper notice. The premise of SGE’s third argument is that respondent’s failure to provide the FPAA notice in this case to SGE’s counsel, Mr. Cobb, per the Cobb letter, invalidates the FPAA. Discussion The tax treatment of partnership items generally is determined at the partnership level pursuant to the unified audit and litigation procedures set forth in sections 6221 through 6233. Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 648; Maxwell v. Commissioner, 87 T.C. 783, 788 (1986). The TEFRA proceduresPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011