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The extensions were necessary as all the data needed to
file a complete and accurate return was not available
at the time of the original due dates. In particular a
New York based law partnership, (Finley, Kumble and
Wagner--13-1694664) in which Mr. Blonien was a partner.
This particular partnership filed for bankruptcy in
1988 and has been in audit by the Internal Revenue
Service for years. Mr. Blonien has been involved with
the various lawsuits and audits from 1988 to the
present, (last correspondence from the service
regarding this partnership is dated December 22, 1994).
This partnership alone made it impossible to file his
returns without additional time allowed by the
extensions. [Emphasis added.]
On May 10, 1996, respondent appointed Marshall Manley to be
the tax matters partner (TMP) for Finley Kumble because he was
the Finley Kumble partner with the largest partnership share. On
June 20, 1996, Marshall Manley, as TMP of Finley Kumble, signed a
Form 872-P, Consent to Extend the Time to Assess Tax Attributable
to Items of a Partnership, by which the period to assess the
Finley Kumble partners for partnership items for the calendar
year 1992 was extended to December 31, 1997. On May 29, 1997,
Mr. Manley, as TMP of Finley Kumble, signed a second Form 872-P,
extending the assessment period to December 31, 1998.
Petitioners were aware that respondent was examining Finley
Kumble’s partnership returns.
On August 10, 1998, respondent issued a notice of final
partnership administrative adjustment (FPAA) for Finley Kumble to
Marshall Manley, TMP, for the calendar year 1992. No petition
was timely filed with respect to the FPAA.
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