- 5 - On April 18, 1990, petitioner was released from liability relating to the loan. On October 11, 1990, Smith and Fowler filed with the Florida Department of State a Certificate of Amendment To Limited Partnership removing petitioner as general and limited partner. The partnership issued petitioner Schedules K-1 (Form 1065, Partner’s Share of Income, Credits, Deductions, Etc.), which reflected petitioner's distributive share of partnership items, relating to 1989 and 1990. Petitioner, however, excluded such items after January 12, 1989, from his Federal income tax returns for those years. On June 27, 1994, respondent sent an FPAA, relating to 1989 and 1990, to Smith as tax matters partner of the partnership. Smith did not file a petition for readjustment of partnership items pursuant to section 6226(a). On August 8, 1994, respondent sent an FPAA, relating to 1989 and 1990, to petitioner, which determined that petitioner transferred ownership in the partnership on June 30, 1990, rather than January 12, 1989, and that he was, therefore, a partner whose distributive share included partnership income accrued through June 30, 1990. Respondent also determined that petitioner was liable for the income tax accrued through June 30, 1990, on his pro rata share of FMS and the management company’s income. Following respondent’s determination, petitioner paid the income taxesPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011