Greenberg Brothers Partnership #4, a.k.a. Breathless Associates, Richard M. Greenberg, Tax Matters Partner, et al. - Page 11

                                       - 11 -                                         

               partnership item may not be based upon a concession by the             
               other party with respect to a nonpartnership item.                     
               Settlements shall be comprehensive, that is, a settlement              
               may not be limited to selected items.  The requirement for             
               consistent settlement terms applies only if--                          
               (1) The items were partnership items for the partner                   
               entering into the original settlement immediately before the           
               original settlement, and                                               
               (2) The items are partnership items for the partner                    
               requesting the consistent settlement at the time the partner           
               files the request.  [Emphasis supplied.]                               
               Participants interpret "settlements" in the regulation as              
          referring only to the consistent settlement terms of partnership            
          items.  They maintain that paragraph one of the original                    
          settlement agreement constitutes a "settlement agreement * * *              
          with respect to partnership items" for purposes of the consistent           
          settlement provisions and request settlement in accord with                 
          paragraph one.  This interpretation of section 301.6224(c)-3T(b),           
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6787 (Mar. 5,                
          1987), is nothing more than semantical sophistry and would have             
          us read out of the regulation the requirement that a settlement             
          agreement for consistent settlement purposes cannot be based on             
          concessions of nonpartnership items and that a settlement may not           
          be limited to selected items.  Where, as here, a settlement                 
          agreement contains interrelated provisions which reflect                    
          concessions of partnership and nonpartnership items, the                    
          temporary regulation provides that such original settlement                 







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011