David Soward - Page 2

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                                     Background                                       
               Petitioner resided in San Francisco, California, at the time           
          that he filed his petition.                                                 
               A Notice of Final Partnership Administrative Adjustment                
          (FPAA) was issued by respondent for the tax year ended                      
          November 22, 1999, with respect to Alverstone Strategic                     
          Investment Fund, L.L.C. (Alverstone SIF), on December 17, 2004.             
          Because Alverstone SIF is a purported partnership with more than            
          10 partners and its first taxable year commenced after                      
          September 3, 1982, it is subject to the unified audit and                   
          litigation procedures of sections 6221-6234 (commonly known as              
          TEFRA).  The validity of the partnership is a matter of dispute             
          between the parties.  The use of terms in this opinion, for                 
          purposes of the pending motion, does not express any view on the            
          validity of any of the entities mentioned.  See Oceanic Leasing             
          v. Commissioner, T.C. Memo. 1996-458; see also sec. 6233; sec.              
          301.6233-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6795            
          (Mar. 5, 1987).                                                             
               Voltaire L.L.C. (Voltaire) is a notice partner of Alverstone           
          SIF within the meaning of section 6231(a)(8) because Voltaire               
          held an interest in Alverstone SIF during 1999.  Therefore, a               
          copy of the FPAA was sent to and received by Voltaire.                      
               A petition was filed with respect to the FPAA by Presidio              
          Growth, L.L.C. (Presidio), tax matters partner of Alverstone SIF,           






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