Bakersfield Energy Partners, LP, Robert Shore, Steven Fisher Gregory Miles and Scott McMillan, Partners Other Than Tax Matters Partner - Page 6



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               availed for tax avoidance purpose and should not be                    
               respected for tax purposes.                                            
               Petitioners filed a motion for summary judgment on the                 
          ground that the FPAA was issued after the applicable period of              
          limitations had expired.  Petitioners contend that overstatement            
          of basis is not an omission from gross income for purposes of the           
          extended period of limitations under section 6501(e)(1)(A) or, in           
          the alternative, that the amount omitted was “disclosed in the              
          return, or in a statement attached to the return, in a manner               
          adequate to apprise the Secretary of the nature and amount of               
          such item.”  Sec. 6501(e)(1)(A)(ii).  Respondent has moved for              
          partial summary judgment, agreeing that the material facts                  
          necessary to determine whether the overstatement of basis is an             
          omission from gross income are not in dispute.  Respondent                  
          contends, however, that the question of adequate disclosure on              
          the return involves a dispute as to material facts.                         
               The parties have now stipulated facts as to each partner in            
          the partnership, to the effect that they are unaware of any                 
          exception to the normal 3-year period of limitations on                     
          assessment other than the issue addressed in this Opinion.                  
                                     Discussion                                       
               Under the general rule set forth in section 6501, the                  
          Internal Revenue Service is required to assess tax (or send a               
          notice of deficiency) within 3 years after a Federal income tax             
          return is filed.  See sec. 6501(a).  For this purpose, the                  







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