Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 3

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          & Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248,                
          96 Stat. 324, 628.  It is currently before the Court for decision           
          without trial.  See Rule 122; see also sec. 6226(b).1  When the             
          tax matters partner of Harbor Cove Marina Partners (HCMP) did not           
          petition this Court under section 6226(a) within the 90-day                 
          period stated therein, Robert A. Collins (Collins), a notice                
          partner of HCMP, petitioned the Court under section 6226(b) to              
          readjust partnership items relating to the Notice of Final                  
          Partnership Administrative Adjustment (FPAA) issued by respondent           
          for HCMP’s 1998 taxable year.  The FPAA reflects respondent’s               
          determination that the “final” 1998 Form 1065, U.S. Partnership             
          Return of Income (1998 partnership return), filed by HCMP is                
          correct and that respondent would make no changes to it.                    
               Collins filed a personal 1998 Form 1040, U.S. Individual               
          Income Tax Return (1998 individual income tax return).  He                  
          included in that return a Form 8082, Notice of Inconsistent                 
          Treatment or Administrative Adjustment Request (AAR), as to four            
          positions taken by HCMP in its 1998 partnership return.  Collins            
          indicated on the Form 8082 that he was filing inconsistently with           
          those positions because they reflected HCMP’s erroneous belief              
          that it had terminated during 1998.  According to Collins, HCMP             
          continues to exist today pending the final outcome of his lawsuit           

               1 Rule references are to the Tax Court Rules of Practice and           
          Procedure.  Unless otherwise indicated, section references are to           
          the applicable versions of the Internal Revenue Code.                       

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