James D. Barber and Betty L. Barber - Page 50




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          and not with respondent.  See also sec. 301.6223(g)-1T(b)(1)(iv),           
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6786 (March 5,               
          1987), which specifically obligates the tax matters partner to              
          furnish to the partners information with regard to the acceptance           
          by the Commissioner of any settlement offer.17  Cf. Computer                
          Programs Lambda v. Commissioner, 90 T.C. 1124, 1126-1127 (1988),            
          regarding the central role played by, and the duties imposed on,            
          the tax matters partner during litigation at the partnership                
          level.                                                                      
               Further, the fact that Winer may have failed in his duty to            
          provide notice regarding the fact of respondent’s settlement                
          offer does not serve to “revive” the offer insofar as petitioners           
          are concerned.  In this regard, section 6230(f) expressly states:           
               The failure of the tax matters partner * * * or any                    
               other representative of a partner to provide any notice                
               or perform any act required under this subchapter                      
               [sections 6221-6233] or under regulations prescribed                   
               under this subchapter on behalf of such partner does                   
               not affect the applicability of any proceeding or                      
               adjustment under this subchapter to such partner.                      
          Conclusion                                                                  
               Petitioners have made other arguments that we have                     
          considered in reaching our decision.  To the extent that we have            
          not discussed those arguments, we find them to be irrelevant or             


               17  Petitioners also appear to mistakenly place on the                 
          Commissioner the duty to serve copies of a Rule 248(b) motion in            
          a partnership action.  However, Rule 248(b)(3) squarely places              
          this duty on the tax matters partner.  See also sec. 6230(l).               





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