- 8 - Memo. 1994-370. Relying on these authorities, respondent argues that any partnership items of either petitioner or Arivada with regard to HOMC for 1996 and 1997 were converted as of the time the bankruptcy petitions were filed in 1998 to nonpartnership items subject to the deficiency procedures used in this case. We agree with respondent. Petitioner has cited neither reason nor authority for his proposition that filing of the bankruptcy petitions should be disregarded because Arivada’s bankruptcy case was dismissed before the notice of deficiency was sent. He achieved a stay in his earlier case that was lifted by the bankruptcy court so that the Tax Court case could be resolved. His case was dismissed after the notice of deficiency was sent to him. We agree with respondent that petitioner’s argument lacks merit and that the notice of deficiency properly included what otherwise might have been regarded as partnership items. Thus, the Court has jurisdiction over those items in this case. The parties prepared a stipulation as required by Rule 91 and by the Standing Pre-Trial Order served with the notice of trial. In the stipulation, petitioner objected on Fifth Amendment grounds to facts set forth in the stipulation that were not reasonably subject to dispute. Many of the documents attached to the stipulation were third-party documents, such as bank records. Petitioner claims that the Court was required toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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