- 6 - 27, 2004, respectively. On January 25, 2005, respondent mailed the subject FPAA by certified mail to seven separate addressees at the Oak Brook address. Those addressees were listed as Ovation’s tax matters partner, Kevin Murphy in a capacity as Ovation’s tax matters partner, Kevin Murphy in an individual capacity, Michael Murphy, petitioner, and the two corporations just mentioned. Also on January 25, 2005, respondent mailed an “untimely notice letter” concerning Ovation’s 2000 taxable year to five separate addressees at the Oak Brook address. Those addressees were listed as Kevin Murphy, Michael Murphy, and petitioner, each in his individual capacity, and the two corporations just mentioned. The untimely notice letter stated that either the NPAB or the FPAA or both were not mailed “within the time required under Section 6223(d)” and that “you have the right under Section 6223(e)(3)(B) to elect to have your items in the partnership treated as nonpartnership items * * * [by filing] a statement of the election with this office within 45 days from the date of this letter.” No such election was ever filed. All copies of the FPAA issued were returned to respondent unclaimed, and no judicial review was timely sought in response to the FPAA. On October 11, 2005, respondent mailed the subject affected items notice of deficiency to petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007