Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 14

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          required the designation of a TMP at the time the return is filed           
          or, subsequently, by a statement filed at the service center at             
          which the partnership return was filed.  The Court of Appeals               
          then reasoned that the Commissioner would be on actual notice of            
          the identity of the TMP after March 5, 1987, and would not be in            
          reasonable reliance of a partner’s portrayal as TMP.  Based on              
          that reasoning and the fact that several consents were executed             
          by the general partner as TMP, both before and after the                    
          regulation was promulgated or enacted, the Court of Appeals in              
          Medical held that estoppel did not apply.  Because only one of              
          the consents was executed prior to the promulgation of the                  
          regulation, the court held that “the Commissioner’s estoppel                
          argument applies to only one of the consents”.  Medical &                   
          Business Facilities, Ltd. v. Commissioner, 60 F.3d at 212.                  
               The facts of this case are generally similar to those in               
          Medical.  One significant difference that distinguishes this case           
          from Medical is that, in this case, only one consent was executed           
          on March 4, 1986, which was prior to the March 5, 1987,                     
          promulgation of the regulation.  The consent used in this case is           
          of the open-ended variety, in that it continues in effect until             
          certain action(s) are taken by the parties.                                 
               The facts in this case show that the partnership was aware             
          of the circumstances.  Costello executed documents as the TMP of            
          the partnership.  Walsh, the promoter and manager of the                    
          partnership, specifically requested Costello to execute the                 




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