Hoyt and Sons Ranch Properties Ltd. NV - Page 10




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          than 1 percent.  Therefore, SGE’s only recourse is to belong to a           
          notice group.  As noted above, SGE did not satisfy the statutory            
          or regulatory requirements and does not belong to a notice group.           
          SGE further alleges that Daniel Smith, who, according to the                
          Schedule K-1 of the 1994 partnership return was a 6-percent                 
          profit, loss, and ownership holder of Ranch Properties, was a               
          notice partner.  Sec. 6223(b).  Mr. Smith is not a party to this            
          action before us, and we find SGE’s argument irrelevant as to the           
          matter at hand.  Whether or not Mr. Smith was afforded proper               
          notice of the FPAA in issue has no bearing on SGE’s objection to            
          respondent’s motion to dismiss for lack of jurisdiction.                    
               Petitioner also argues that the FPAA notice mailed to the              
          Orovada address was never received by Gary Blackburn, a partner             
          of SGE who is authorized to receive mail at the Orovada address;            
          therefore, the FPAA is invalid.  The record shows that the FPAA             
          notice was mailed to the Orovada address by certified mail on               
          August 13, 1998, received on August 15, 1998, and subsequently              
          forwarded to “Hoyt & Sons Fwd Portland OR 97204" on August 17,              
          1998.  Based upon this evidence we find that respondent properly            
          notified the appropriate party, i.e., the designated TMP, at the            
          addresses provided by the partnership on its partnership return.            
          See sec. 6223(a), (b), and (c).  Respondent mailed the FPAA to              
          the two addresses shown on Ranch Properties’ 1994 return in a               
          good faith effort to notify the partners of Ranch Properties of             





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