- 10 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011