- 6 - tax year. If the consents are valid, the FPAA is timely and the period of limitations for making assessments attributable to Madison’s 1982 tax year remains in suspense pursuant to section 6229(d); if the consents are not valid, the period of limitations for making assessments attributable to Madison’s 1982 tax year expired before the FPAA was issued. Petitioners, relying upon Transpac Drilling Venture 1982-12 v. Commissioner, 147 F.3d 221 (2d Cir. 1998), revg. and remanding Transpac Drilling Venture 1982-16 v. Commissioner, T.C. Memo. 1994-26, argue that the consents are invalid. Petitioners point out that Roberts had previously been the subject of section 6700 sanctions and was under criminal investigation at the time that the consents were signed. According to petitioners, a conflict of interest legally removed Roberts’ authority to act, personally or through his attorney-in-fact, on behalf of Madison.3 In Transpac Drilling Venture 1982-12, the IRS began a civil examination of the Transpac partnerships in the latter part of 1983. In November 1985, a criminal referral was made. The promoter and the tax matters partners of the Transpac partnerships were the targets in the ensuing criminal tax investigation. Sometime during the course of the criminal 3 Petitioners also argue that the power of attorney did not give Jacobson the authority to extend the period of limitations for Madison’s 1982 taxable year. We have previously considered and rejected that argument in Madison Recycling Associates v. Commissioner, T.C. Memo. 1992-605.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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