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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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Last modified: May 25, 2011