- 6 - partners. See secs. 6221-6223; see also Harris v. Commissioner, 99 T.C. 121, 125 (1992), affd. 16 F.3d 75 (5th Cir. 1994). Section 6223(a) generally provides that the Commissioner shall mail to each partner notice of the beginning of an administrative proceeding (NBAP) at the partnership level with respect to a partnership item, as well as the final partnership administrative adjustment (FPAA) resulting from any such proceeding. However, the requirement for providing notices under section 6223(a) does not apply to a partner of a partnership if the partnership has more than 100 partners and the partner has less than a 1-percent interest in the profits of the partnership. See sec. 6223(b)(1). Section 6223(g) requires the TMP to keep each partner informed of all administrative and judicial proceedings for the adjustment at the partnership level of partnership items. Taking petitioners' statements at face value, we presume that Nurseries' TMP failed to advise petitioners of Nurseries' partnership administrative proceeding. However, section 6230(f) provides that the failure of the TMP to forward copies of the NBAP or FPAA to a partner, or otherwise fail to fulfill his responsibilities, does not affect the applicability of partnership proceedings or adjustments to such partner. As we have said elsewhere in regard to the alleged unfairness surrounding the FPAA: Be that as it may, that is the procedure which the Congress has created, and we have no authority toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011