- 17 - that a limited partner may be expelled for defaulting on partnership obligations, much less that an expulsion would be retroactive to the beginning of the partnership. Moreover, the settlement agreement expressly provides for the inclusion of partners who default on their note obligations to Ranches (inactive partners) in the original allocations of the partnership debt. The agreement is binding on the parties. Sec. 6224. Petitioner also makes the following secondary arguments: (1) Various partners, by their actions or inactions, failed to abide by the provisions of the amended partnership agreement; therefore their interests have been terminated; (2) a large number of partners defaulted on the notes to Ranches in 1987, and their cattle have been repossessed; therefore these partners should not be allocated any partnership debt; and (3) certain partners terminated their interests in 1994 by letters alleging that the partnerships were terminated shortly after inception. Respondent objected to any evidence of these purported actions or inactions as irrelevant because they were subsequent to the taxable years at issue. Evidence is relevant if it tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Fed. R. Evid. 401. Petitioner proffered evidencePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011