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(4) Be signed by persons who were general partners
at the close of the year and were shown on the return
for that year to hold more than 50 percent of the
aggregate interest in partnership profits held by all
general partners as of the close of that taxable year.
For purposes of this paragraph (e)(4), all limited
partnership interests held by general partners shall be
included in determining the aggregate interest in
partnership profits held by such general partners.
c. September 30 Letter Designates TMP
On September 30, 1988, George L. Schreiber was a general
partner in the partnership; he was also a general partner during
1985. By the September 30 letter, he is designated TMP of the
partnership for 1985. On brief, AVA concedes that the
September 30 letter was properly signed by Mr. Schreiber and
AMCOR and, together, Mr. Schreiber and AMCOR represented
67 percent “of the general partner profits interests”.
Nevertheless, AVA argues that the September 30 letter was not
effective to designate Mr. Schreiber the TMP of the partnership
for 1985 because it fails to meet two of the requirements of
section 301.6231(a)(7)-1T(e), Temporary Proced. & Admin. Regs.,
supra: It does not identify the address of the partnership, and
it was not filed with the Fresno, California, service center,
where the AVA 1985 Form 1065 was filed.
Subparagraph (1) of section 301.6231(a)(7)-1T(e), Temporary
Proced. & Admin. Regs., id., requires that the designated partner
and the partnership be identified by name, address, and taxpayer
identification number. The September 30 letter designates George
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