Rodney J. and Noreen E. Blonien - Page 31




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          documents are not offered to establish and do not establish that            
          Mr. Blonien was a partner in Finley Kumble.  The documents are              
          admitted for the purposes offered.                                          
               Exhibits 5-J through 9-J consist of documents relevant to              
          establishing the issuance and timeliness of the FPAA issued to              
          Finley Kumble.  At trial, the parties stipulated to be bound by             
          the final decision in Overstreet v. Commissioner, T.C. Memo.                
          2001-13, in which this Court determined that the expiration of              
          the period of limitations for issuance of the FPAA issued to                
          Finley Kumble is an affirmative defense that must be raised in a            
          partnership-level proceeding.  Because the taxpayers in                     
          Overstreet did not timely file an appeal from the Tax Court’s               
          decision, the Tax Court’s decision is now final and binding on              
          the parties in the case at hand under the terms of their                    
          stipulation.  The parties agree that Exhibits 5-J through 9-J are           
          relevant only if petitioners can challenge the timeliness of the            
          FPAA in this proceeding.  On the basis of the parties’                      
          stipulation to be bound by the final decision in Overstreet, we             
          hold that petitioners cannot challenge the timeliness of the FPAA           
          in this proceeding.  Therefore, Exhibits 5-J through 9-J are not            
          relevant.                                                                   
               Petitioners argued in their opening brief that Exhibit 10-J,           
          a computational adjustment report, is irrelevant.  Respondent               
          pointed out that the exhibit may be necessary to compute the Rule           






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