Jean Mathia and Estate of Doyle V. Mathia, Deceased, Jean Mathia, Personal Representative - Page 10

                                       - 10 -                                         
          required by section 6223(a) to a notice group defined as “a group           
          of partners in the aggregate having a 5 percent or more interest            
          in the profits of a partnership” if the notice group has                    
          requested such notice and designated one of its members to                  
          receive the notice.  In order to find that Mr. Mathia and/or                
          petitioner were members of a notice group, the record would have            
          to contain evidence that Greenwich was a partnership with more              
          than 100 partners, that a notice group was properly formed and              
          that petitioner and Mr. Mathia were members of it, and that a               
          member of the notice group was properly and timely designated in            
          accordance with section 6223(b)(2) and applicable regulations.              
          In order to enable us to find that petitioner and/or Mr. Mathia             
          were notice partners, the record would have to establish they               
          were entitled to notice under section 6223(a) without regard to             
          the provisions of section 6223(b)(2) (dealing with notice to a              
          notice group involving a partnership of more than 100 partners)             
          and section 6223(e)(1)(B) (dealing with the effect of the                   
          Secretary’s failure to give notice involving a partnership of               
          more than 100 partners).  Petitioner and/or Mr. Mathia would be             
          entitled to notice only if their names and addresses, as well as            
          information sufficient to enable the Secretary to determine that            
          they were entitled to receive notice under section 6223(a), had             
          been furnished timely to the Secretary.                                     







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

Last modified: May 25, 2011