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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).
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