Madison Recycling Associates, et al. - Page 6




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          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.                                          





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