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A TMP is generally designated at the time the partnership
return is filed. See sec. 301.6231(a)(7)-1(c), Proced. & Admin.
Regs.10
The designation of a TMP remains effective until the
termination of the designation pursuant to section
301.6231(a)(7)-1(l)(1), Proced. & Admin. Regs.,11 which provides
in pertinent part:
(l) Termination of designation--(1) In general. A
designation of a tax matters partner for a taxable year
under this section shall remain in effect until–
* * * * * * *
(iv) The partnership items of the tax matters
partner become nonpartnership items under section
6231(c)(relating to special enforcement areas); * * *
In turn, section 6231(c), relating to special enforcement areas,
applies to criminal investigations and other areas that the
Secretary determines by regulation to present special enforcement
considerations.
10 The temporary regulation, sec. 301.6231(a)(7)-1T(c),
Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6791 (Mar. 5,
1987), contained the same provision. Sec. 301.6231(a)(7)-1,
Proced. & Admin. Regs. is the final regulation effective for all
designations, selections, and terminations of a TMP occurring on
or after Dec. 23, 1996.
11 The temporary regulation, sec. 301.6231(a)(7)-1T(l)(4),
Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6792 (Mar. 5,
1987), was identical.
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Last modified: May 25, 2011