Wayne Caldwell Escrow Partnership, Roy Dimon, John and Mary Schuenemann, Joseph and Louise O'Neal, Charles and Lovetta Niven, Chalton and Cynthia Thomas, Partners Other Than the Tax Matters Partner - Page 38

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             partner is treated as a party to the proceeding and the                  
             partnership items are treated as partnership items, unless               
             the partner elects to have them treated as nonpartnership                
             items as of the day on which the Secretary mails the                     
             partner notice of the proceeding.  Sec. 6223(e)(3); sec.                 
             301.6223(e)-2T(b)(2), Temporary Proced. & Admin. Regs., 52               
             Fed. Reg. 6785 (Mar. 5, 1987).  Each partner makes an                    
             independent election under section 6223(e).  Thus, it is                 
             evident that this remedy provision is applied to each                    
             partner on an individual basis.  Wind Energy Technology                  
             Associates III v. Commissioner, 94 T.C. at 790-791.                      
                  The remedy provision, section 6223(e), is one of                    
             four events described by section 6231(b)(1) under which                  
             partnership items of a partner become nonpartnership items.              
             Section 6231(b)(1) prescribes the date on which the change               
             will be deemed to take place for purposes of the unified                 
             audit and litigation provisions.  In the case of section                 
             6223(e), section 6231(b)(1)(D) provides that the date on                 
             which the change occurs for purpose of the unified audit                 
             and litigation procedures is the date on which the change                
             occurs under section 6223(e); that is, "the day on which                 
             the Service mails the partner notice of proceeding."  Sec.               
             301.6223(e)-2T(a)(2) and (b)(2), Temporary Proced. & Admin.              
             Regs., supra.                                                            






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