Davenport Recycling Associates, Sam Winer, Tax Matters Partner - Page 52

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               The TMP of a partnership is defined in section 6231(a)(7) as           
          follows:                                                                    
                    (7) Tax Matters Partner.--The tax matters partner                 
               of any partnership is--                                                
                    (A) the general partner designated as the tax                     
               matters partner as provided in regulations, or                         
                    (B) if there is no general partner who has been so                
               designated, the general partner having the largest                     
               profits interest in the partnership at the close of                    
               the taxable year involved * * *.                                       
               If there is no general partner designated under                        
               subparagraph (A) and the Secretary determines that it                  
               is impracticable to apply subparagraph (B), the partner                
               selected by the Secretary shall be treated as the tax                  
               matters partner.                                                       
          A petition filed during the 90-day period by a partner other than           
          the TMP is an invalid petition.  Amesbury Apartments, Ltd. v.               
          Commissioner, 95 T.C. 227 (1990); Computer Programs Lambda, Ltd.            
          v. Commissioner, 89 T.C. 198, 205 (1987).  In this case, because            
          of the existence of the Permanent Injunction, and subsequent                
          Modification, at the time he filed the petition, Winer was the              
          TMP of Davenport, but he had been ordered to limit his function             
          to "administrative services" on behalf of the partnership.                  
               Under normal circumstances, this Court lacks jurisdiction to           
          consider a petition filed by a person who is not authorized to              
          file the petition. In 1983 Western Reserve Oil & Gas Co. v.                 
          Commissioner, 95 T.C. 51 (1990), affd. without published opinion            
          995 F.2d 235 (9th Cir. 1993), the U.S. District Court for the               
          Central District of California had appointed a receiver pendente            





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