Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 23

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          judgment that was ultimately reversed by the court of appeal in             
          that, the trial court concluded, the court of appeal could not              
          overturn that portion of the judgment without affecting Collins’s           
          right to the $389,662.  By virtue of this estoppel, the order               
          stated, the court of appeal decision and all orders post appeal             
          were without any legal basis, and the judgment entered by the               
          trial court on October 17, 2000, was the final judgment in the              
          lawsuit.  Collins filed a notice of appeal as to this order on              
          September 8, 2003.  That appeal is currently before the court of            
          appeal pending its decision.                                                
               This case is a TEFRA partnership proceeding that was brought           
          by a notice partner.  Respondent issued an FPAA to the notice               
          partner, Collins, that determined no changes to HCMP’s 1998                 
          partnership return.  Collins timely petitioned this Court to                
          readjust HCMP’s partnership items relating to the FPAA.  Given              
          the issuance of the FPAA, which we find to be valid, and                    
          Collins’s timely petition for readjustment of HCMP’s partnership            
          items related thereto, we conclude that we have jurisdiction to             
          redetermine all partnership items of HCMP for 1998 and to                   
          allocate properly those items among HCMP’s partners.  Sec.                  
          6226(f); Seneca, Ltd. v. Commissioner, 92 T.C. 363, 365 (1989),             
          affd. without published opinion 899 F.2d 1225 (9th Cir. 1990);              
          Transpac Drilling Venture 1982-22 v. Commissioner, 87 T.C. 874              

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