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1982-12 v. Commissioner, 147 F.3d 221 (2d Cir. 1998),
revg. and remanding Transpac Drilling Venture 1982-16
v. Commissioner, T.C. Memo. 1994-26; or (3) that
respondent abused his discretion by not issuing a
written notice informing the TMP that his partnership
items would be treated as nonpartnership items.
Held: Sec. 301.6231(c)-5T, Temporary Proced. &
Admin. Regs., supra, is a valid regulation. Held,
further: The criminal tax investigation did not create
a disabling conflict of interest and therefore did not
terminate the TMP’s designation. Held, further: Ps
have not established that respondent abused his
discretion by not notifying the TMP that his
partnership items would be treated as nonpartnership
items.
Curtis W. Berner, for petitioners.
Margaret A. Martin, Neal O. Abreu, Steven Mopsick, and
Ronald L. Buch, Jr., for respondent.
OPINION
DAWSON, Judge: This case was assigned to Special Trial
Judge Stanley J. Goldberg pursuant to Rules 180, 181, and 183.
All Rule references are to the Tax Court Rules of Practice and
Procedure. Unless otherwise indicated, section references are to
the Internal Revenue Code in effect for the years in issue. The
Court agrees with and adopts the opinion of the Special Trial
Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
GOLDBERG, Special Trial Judge: Respondent determined
deficiencies in petitioners' Federal income taxes, additions to
taxes, and penalties for the taxable years and in the amounts set
forth below:
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