Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 18

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               Collins appealed to the court of appeal the portion of the             
          trial court’s judgment that denied him specific performance of              
          the provision in the partnership agreement that required the                
          liquidation and sale of HCMP’s assets upon its dissolution.  The            
          Sunroad defendants cross-appealed from the portion of the trial             
          court’s order granting Collins summary adjudication on the fourth           
          cause of action that decreed that Sunroad Asset must sell HCMP’s            
          assets “on the open market” and may not distribute them in kind.            
               On March 25, 2002, respondent mailed the FPAA to “Tax                  
          Matters Partner, Harbor Cove Marina Partners” and mailed a copy             
          of the FPAA to Sunroad Asset in its capacity as HCMP’s tax                  
          matters partner.  Respondent determined in the FPAA that HCMP’s             
          partnership return was correct as filed.  The FPAA states that              
          the bases for this determination were twofold.  First, the FPAA             
          states, HCMP filed a “final” partnership return for that year.              
          Second, the FPAA states, the trial court concluded in its October           
          17, 2000, decision that HCMP “dissolved” as of May 26, 1998.                
               On March 29, 2002, 3 days after the FPAA was issued, the               
          court of appeal affirmed the holding for Collins on the fourth              
          cause of action and reversed the trial court’s holding against              
          Collins on the sixth cause of action concerning specific                    
          performance.  The court of appeal directed the trial court to               
          grant to Collins specific performance of that provision of the              
          partnership agreement and awarded to him his costs of appeal.               

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