Bakersfield Energy Partners, LP, Robert Shore, Steven Fisher Gregory Miles and Scott McMillan, Partners Other Than Tax Matters Partner - Page 14



                                       - 14 -                                         
          the language or the rationale of Colony, Inc. can be limited to             
          the sale of goods or services by a trade or business.  As                   
          petitioners point out, the Supreme Court held that “omits” means            
          something “left out” and not something put in and overstated.               
               We apply the holding of Colony, Inc. v. Commissioner, supra,           
          to this case and conclude that the 6-year period of limitations             
          set forth in section 6501(e) does not apply.  Thus, we need not             
          determine whether the amounts in dispute were disclosed on the              
          return in a manner adequate to apprise the Secretary of the                 
          nature and amount of the omitted item.                                      
               Because of the stipulation that no other exception to the              
          normal 3-year period applies to any of the individual partners              
          and to reflect the foregoing,                                               

                                             An order and decision will be            
                                        entered granting petitioners’                 
                                        motion for summary judgment and               
                                        denying respondent’s motion for               
                                        partial summary judgment.                     
















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14

Last modified: November 10, 2007