Nicholas P. Ruggiero and Annette M. Ruggiero - Page 5




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          Examination of the Arid Land Partnership                                    
               Petitioners received Schedules K-1 for the Arid Land                   
          partnership for tax years subsequent to 1983 displaying the tax             
          identification number (TIN) 33-0026386.  In the years 1991 and              
          following, petitioners received Schedules K-1 for the "Blythe               
          Jojoba Plantation, L.P." partnership.                                       
               On July 2, 1990, the Internal Revenue Service (IRS) sent to            
          petitioners by certified mail a Notice of Final Partnership                 
          Administrative Adjustment (FPAA) at "2 Paddock CT Lanoka Harbor             
          NJ 08734-9278".  Petitioners lived at 2 Paddock Court, Lanoka               
          Harbor, New Jersey, from 1988 through the time of trial.  The               
          FPAA states that the IRS has determined adjustments to the                  
          partnership return of Arid Land Research Partners, TIN 33-                  
          0026386.                                                                    
               Upon respondent's motion at trial, we take judicial notice2            
          that on July 2, 1990, a petition in the name of Arid Land                   
          Research Partners, Robert E. Cole, Tax Matters Partner, was filed           
          with the Court at docket No. 14600-90.  The parties in the Arid             
          Land case filed on November 1, 1993, a stipulation to be bound by           




               2See Fed. R. Evid. 201; United States v. Jackson, 640 F.2d             
          614, 617 (8th Cir. 1981)(Court may take judicial notice of its              
          own records of prior litigation closely related to the case                 
          before it); Colonial Penn Ins. Co. v. Coil, 887 F.2d 1236, 1239-            
          1240 (4th Cir. 1989); St. Louis Baptist Temple, Inc. v. FDIC, 605           
          F.2d 1169, 1172 (10th Cir. 1979).                                           





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