Poison Creek Ranches #1, Ltd., Poison Creek Ranches #2, Ltd., Poison Creek Ranches #3, Ltd., Poison Creek Ranches #4, Ltd., Walter J. Hoyt, III, Tax Matters Partner, et al. - Page 24

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          partner.                                                                    
               The effect of a partner's accepting the out-of-pocket                  
          settlement is that the partner and respondent have agreed on the            
          treatment of the partner's share of partnership items for Federal           
          tax purposes.  Under sections 6226 and 6231, such partner is not            
          a party to this partnership action and is not bound by our                  
          determinations. However, the partner is still a party to the                
          partnership agreement and retains his interest as partner in the            
          partnership.  Thus, the allocations of partnership items must be            
          computed by including the interests of all partners, including              
          any who have accepted the out-of-pocket settlement.                         
               Petitioner also contends that by the terms of the                      
          partnership agreement, the tax matters partner has the authority            
          to accept the out-of-pocket settlement on behalf of individual              
          partners, that he has exercised such authority with respect to              
          certain partners, and that these partners are no longer parties             
          to this action.  Because we have held that the status of the                
          partners with respect to these cases does not affect our                    
          jurisdiction to determine the allocation of partnership items               
          above, we find no merit in this argument.  In addition, the                 
          partnership agreement for Poison Creek Ranches #1 does not                  
          contain any provisions with respect to the tax matters partner,             
          his rights, or his duties.                                                  
               In the alternative, petitioner argues that the proper                  





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