Anthony N. and Marie M. Finazzo - Page 13





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         and a notice of final partnership administrative adjustment, FPAA,           
         was ultimately issued to the partnership.  In December 1991,                 
         Alfred M. Clancy (Mr. Clancy), the general partner and tax matters           
         partner of San Nicholas, commenced a TEFRA partnership proceeding            
         in this Court.7  Subsequently, in November 1993, Mr. Clancy and              
         the Commissioner agreed to be bound by the decision to be entered            
         in Utah Jojoba I Research v. Commissioner, docket No. 7619-90, a             
         TEFRA partnership proceeding involving Utah Jojoba that had                  
         commenced by Mr. Kellen in his capacity as tax matters partner of            
         that partnership.                                                            
              In Utah Jojoba I Research v. Commissioner, T.C. Memo. 1998-6,           
         the Court made detailed findings of fact related to the jojoba               
         limited partnerships,8 Mr. Kellen, U.S. Agri, and Mr. Pace.  The             
         Court described the R&D contract between the partnerships and U.S.           
         Agri as “mere window dressing” and held that the partnerships did            
         not, directly or indirectly, engage in research or experimentation           
         and that the partnerships lacked a realistic prospect of entering            
         into a trade or business.  In upholding the Commissioner’s                   


               7 The TEFRA partnership proceeding was assigned docket No.             
          29994-91.  TEFRA stands for the Tax Equity and Fiscal                       
          Responsibility Act of 1982, Pub. L. 97-248, 96 Stat. 324.  See              
          secs. 6221-6232; N.C.F. Energy Partners v. Commissioner, 89 T.C.            
          741, 744 (1987); Maxwell v. Commissioner, 87 T.C. 783, 789                  
          (1986).                                                                     
               8 At least 18 docketed cases were bound by stipulation to              
          the outcome of Utah Jojoba I Research v. Commissioner, docket No.           
          7619-90.                                                                    





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