- 52 - 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 pendentePage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011