Leatherstocking 1983 Partnership, Sam I. Brown, A Partner Other Than The Tax Matters Partner - Page 17

                                        -17-                                          
          mailing of the FPAAs after the running of those periods.  See               
          Madison Recycling Associates v. Commissioner, supra at 286;                 
          Amesbury Apartments, Ltd. v. Commissioner, supra at 240-241.  If            
          petitioner makes such a showing, the burden of production shifts            
          to respondent to show that the bar of the periods of limitation             
          does not apply.  See Madison Recycling Associates v.                        
          Commissioner, supra at 286; Transpac Drilling Venture 1982-12 v.            
          Commissioner, supra at 224 n.5; Amesbury Apartments, Ltd. v.                
          Commissioner, supra at 241.  If respondent makes such a showing,            
          the burden of production shifts back to petitioner to establish             
          that the claimed exception to the expiration of the limitation              
          periods is ineffective or otherwise inapplicable.  See Madison              
          Recycling Associates v. Commissioner, supra at 286; Amesbury                
          Apartments, Ltd. v. Commissioner, supra at 241.  While the burden           
          of production may shift in this manner, the burden of persuasion            
          never shifts from petitioner but remains with petitioner.  See              
          Madison Recycling Associates v. Commissioner, supra at 286;                 
          Amesbury Apartments, Ltd. v. Commissioner, supra at 241.                    
               Petitioner has pleaded a claim to the affirmative defense              
          that the periods of limitation have expired as to the subject               
          years, and petitioner has met the initial burden of production as           
          to that claim.  As to the latter, the record establishes the                
          dates on which the subject returns were filed and that the FPAAs            
          were issued to Leatherstocking more than 3 years after the                  






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011