- 2 - Steven Ray Mather and Elliott Hugh Kajan, for petitioners. Lloyd T. Silverzweig, for respondent. OPINION COHEN, Judge: In a Notice of Final Partnership Administrative Adjustment (FPAA) sent October 4, 2005, respondent determined that Bakersfield Energy Partners, LP (BEP), had overstated its basis in certain gas reserves sold during the taxable year 1998, thus causing an understatement of partnership income by more than 25 percent of the amount stated in the return. The issue for decision is whether, under those circumstances, the overstatement of basis constitutes an omission of income giving rise to an extended 6-year period of limitations. This issue has been presented by petitioners’ motion for summary judgment and respondent’s motion for partial summary judgment. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue. Background For purposes of the pending motions, the following facts have been assumed. The petitioning partners are all partners in BEP. BEP’s principal place of business was in California at the time the petition was filed. Prior to April 1, 1998, BEP owned an interest in an oil and gas property with Harcor, an unrelatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007