- 7 - Commissioner, 93 T.C. 730, 734 (1989); Maxwell v. Commissioner, 87 T.C. 783, 788 (1986); Thomas v. United States, 967 F. Supp. 505, 506 (N.D. Ga. 1997). The TEFRA partnership procedures are applicable to partnership taxable years beginning after September 3, 1982, the effective date of TEFRA. TEFRA sec. 407, 96 Stat. 670. Among other arguments, petitioners argue that Barrister’s 1982 taxable year began before September 3, 1982, that the TEFRA partnerships procedures and the above cases are not applicable, and that petitioners individually, in the instant case, should be allowed to assert the statute of limitations as an affirmative defense. If Barrister for its 1982 tax year was not to be governed by the TEFRA partnership proceedings, it would have been nonsensical for petitioners to enter into the above settlement stipulation to the effect that the issues in the instant case were to be controlled by Chimblo v. Commissioner, supra. Further, petitioners did not invest in Barrister until December of 1982, and nothing in the record indicates that Barrister’s taxable year began before December of 1982. As the parties stipulated, the statute of limitations defense that petitioners would now assert is controlled by the resolution of that issue by the Court of Appeals for the SecondPage: Previous 1 2 3 4 5 6 7 8 Next
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