Vulcan Oil Technology Partners, Vanguard Oil Technology Partners, Drake Oil Technology Partners, Dillon Oil Technology Partners, Derringer Oil Technology Partners-1981, Derringer Oil Technology - Page 18

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          the same partnership items.  Absent a specific agreement or                 
          stipulation to the contrary, the consistent settlement rules of             
          section 6224(c)(2) do not apply to an entire tax shelter project,           
          nor to partnerships within a group of related partnerships (such            
          as the Denver-based Elektra Hemisphere tax shelter partnerships).           
               What we said in Boyd v. Commissioner, T.C. Memo. 1992-626, in          
          this regard is pertinent --                                                 

                    Even if TEFRA were to apply, the settlement                       
               agreement for * * * [partnership A] would not be imposed               
               on petitioner or any other partner in * * *                            
               [partnership B] because * * * [partnership B] is a                     
               separate partnership from * * * [partnership A].                       
               Petitioner was not a partner in * * * [partnership A] or               
               any of the six other partnerships for which settlement                 
               agreements were reached.  There is no provision in the                 
               Code requiring * * * [respondent] to settle the * * * [B               
               partnership] under the same settlement terms that were                 
               negotiated for the * * * [A partnership], a separate and               
               distinct partnership.  [Citation omitted.]                             

               Lastly, we address briefly movants' allegations that fraud,            
          malfeasance, and misrepresentations of fact occurred that provide           
          a basis for setting aside the no-cash settlements that the                  
          majority of the movants herein entered into with respondent with            
          respect to their investments in the Elektra Hemisphere tax                  
          shelters.                                                                   
               Movants cite DuFresne v. Commissioner, 26 F.3d 105 (9th Cir.           
          1994), vacating and remanding T.C. Memo. 1991-614, in which the             
          U.S. Court of Appeals for the Ninth Circuit vacated a decision in           
          a test case and remanded the case for further proceedings based on          




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