- 2 - Background The parties submitted this case fully stipulated pursuant to Rule 122. The stipulation of facts and accompanying exhibits are incorporated herein by this reference.2 Petitioner resided in Santa Fe, New Mexico, when he filed the petition. During 1980, petitioner was married to Amilu Stewart (formerly Amilu Martin, formerly Amilu Rothhammer, and referred to herein as Amilu).3 On April 15, 1981, petitioner and Amilu filed a joint Federal income tax return for 1980 (the 1980 joint return). Subsequently, respondent audited the 1980 joint return in connection with respondent’s investigation of individuals involved in the Elektra Hemisphere tax shelters.4 On December 6, 1983, during respondent’s examination of the 1980 joint return, petitioner signed Form 872-A, Special Consent to Extend the Time to Assess Tax. On June 7, 1988, respondent 2In the stipulation of facts, petitioner objected to the relevancy and materiality of certain stipulations drawn from the findings of fact in a related case involving petitioner, Martin v. Commissioner, T.C. Memo. 2000-187 (Martin I), affd. on other grounds 38 Fed. Appx. 980 (4th Cir. 2002). We overrule petitioner’s objections with respect to those stipulations incorporated herein, because we conclude that those stipulations are relevant to our discussion of the limitations issue. 3Petitioner and Amilu divorced in 1981. 4Before 1980, petitioner and Amilu purchased a limited partnership interest in Winchester Oil, one of the Manhattan group partnerships, which were the subject of the Elektra Hemisphere tax shelter litigation in this Court. See Krause v. Commissioner, 99 T.C. 132 (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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