- 2 -
October 12, 1993, and September or October 1998 was an abuse of discretion.
Unless otherwise indicated, all section references are to
the Internal Revenue Code, and all Rule references are to the Tax
Court Rules of Practice and Procedure.
FINDINGS OF FACT
Some of the facts have been stipulated, and the stipulated
facts are incorporated in our findings by this reference.
Petitioner resided in Garden City, New York, at the time the
petition in this case was filed.
During 1982 through 1984, petitioner was an investor in
Manhattan Associates, a coal mining partnership. Petitioner’s
former wife, Barbara Deverna (B. Deverna), filed a joint Federal
tax return with petitioner. B. Deverna was granted relief from
joint and several liability for the assessments resulting from
investments in Manhattan Associates for 1982 through 1984.
Manhattan Associates was a partnership subject to the
procedures of the Tax Equity & Fiscal Responsibility Act of 1982,
Pub. L. 97-248, 96 Stat. 324 (TEFRA), provisions found in
sections 6221-6233. Robert Brown (Brown) was the tax matters
partner (TMP) for Manhattan Associates.
Thirty coal mining partnerships were promoted by Norman
Swanton (Swanton) prior to 1982, and 20, including Manhattan
Associates, were formed subsequent to the effective date of TEFRA
(TEFRA partnerships). Test cases involving pre-TEFRA
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011