Ernest I. Korchak - Page 22

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          Madison investment.  Petitioner also sought out other Madison               
          partners and contacted approximately 30 companies to assess the             
          relevant market.  Additionally, petitioner contacted PI regarding           
          the investment, went to look at the recyclers, proposed changes             
          to Madison’s original business plan, and spent approximately 2              
          months attempting to have the recyclers at PI placed with end               
          users.  However, petitioner discontinued his efforts to resurrect           
          Madison because PI was uncooperative.                                       
          The Partnership Litigation                                                  
               On May 17, 1988, a partner other than Madison’s tax matters            
          partner filed a petition in this Court (docket No. 10601-88) to             
          challenge the determinations made in the FPAA.  On April 9, 2001,           
          we filed an opinion in docket No. 10601-88, see Madison Recycling           
          Associates v. Commissioner, T.C. Memo. 2001-85, affd. 295 F.3d              
          280 (2d Cir. 2002), holding that Madison was a partnership                  
          subject to the provisions of the Tax Equity and Fiscal                      
          Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a),            
          96 Stat. 648, and that the period of limitations on assessment              
          had not expired before the FPAA was issued.16  The opinion was              
          affirmed on appeal, and our decision sustaining respondent’s                
          partnership adjustments became final on October 7, 2002.                    


               16By the time we issued our opinion in Madison Recycling               
          Associates v. Commissioner, T.C. Memo. 2001-85, affd. 295 F.3d              
          280 (2d Cir. 2002), the parties to the decision had agreed that             
          respondent’s adjustments in the FPAA were correct.                          





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