- 19 - Petitioners further contend that Mrs. Callaway's partnership items converted to nonpartnership items as a consequence of respondent's failure to notify properly petitioners of the beginning of the Mountain View administrative proceedings. Again, we find that the controlling statutory provisions do not provide any support for petitioners' position. Section 6223(a) provides in pertinent part that the Commissioner shall notify the partners of a TEFRA partnership of (1) the beginning of an administrative proceeding at the partnership level and (2) the final administrative adjustment arising from such proceeding.9 Section 6223(e) provides various remedies where the Commissioner fails to provide timely notice under section 6223(a). Section 6223(e) provides in pertinent part: (e) Effect of Secretary's Failure To Provide Notice.-- (1) Application of subsection.-- (A) In general.--This subsection applies where the Secretary has failed to mail any notice specified in subsection (a) to a partner entitled to such notice within the period specified in subsection (d). * * * * * * * (2) Proceedings finished.--In any case to which this subsection applies, if at the time the Secretary mails the partner notice of the proceeding-- 9 Respondent concedes that decedent is a Mountain View "notice partner" within the meaning of secs. 6223(a) and 6231(a)(8).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011