- 50 - 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).Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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