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the part of Jay Hoyt (the TMP) toward the partners of the
partnership, and (b) therefore, did not terminate his designation
as TMP; and (3) the taxpayer failed to establish that respondent
abused his discretion by not notifying Jay Hoyt (the TMP) that
his partnership items would be treated as nonpartnership items.
In Phillips v. Commissioner, 272 F.3d 1172 (9th Cir. 2001), affg.
114 T.C. 115 (2000), the Court of Appeals for the Ninth Circuit
agreed with the Tax Court’s reasoning and result in all pertinent
respects.
C. Determination as to Whether the Applicable Periods of
Limitations on Assessment Have Expired
In the instant case, the Court’s findings, supra p. 31, list
the partnership taxable years in question, the date upon which
the partnership return for each such year was filed, the
respective dates upon which Jay Hoyt (the TMP of that
partnership) and the IRS executed extension forms extending the
limitation period for that year, the date to which Jay Hoyt and
the IRS (in each extension) agreed to extend the limitation
period, and the date upon which respondent issued the partnership
the FPAA for that year.
As to each partnership taxable year in question, the parties
essentially agree that the 3-year period of limitations generally
provided under section 6229(a) would otherwise have expired prior
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