Richard K. and Marilyn J. Phillips - Page 16




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          therefore, at the initiation of a criminal tax investigation, the           
          partner's items become nonpartnership items pursuant to section             
          6231(c)(2), and the partner is removed as TMP pursuant to section           
          301.6231(a)(7)-1(l)(1)(iv), Proced. & Admin. Regs.                          
               In sum, petitioners conclude that once a partner is removed            
          as TMP upon the initiation of a criminal tax investigation, the             
          partner so removed cannot serve as TMP as long as he remains the            
          subject of a criminal tax investigation and that any previous               
          designation of that partner as TMP will cease.  Petitioners,                
          however, concede that a partner subject to a criminal tax                   
          investigation could serve as TMP upon completion of that                    
          investigation but would probably have to be redesignated TMP.               
               On the basis of the above argument, petitioners argue that             
          Mr. Hoyt could not have served as TMP after the initial criminal            
          tax investigation which began on April 24, 1984.                            
               In addressing petitioners’ argument, we turn first to the              
          interpretation of the language of section 6231(c).                          
               When interpreting statutes, the function of courts is to               
          construe the language of the statute to give effect to the intent           
          of Congress.  See Cramer v. Commissioner, 101 T.C. 225, 247                 
          (1993), affd. 64 F.3d 1406 (9th Cir. 1995).  Where possible,                
          statutes should be interpreted in their ordinary everyday sense.            
          See Crane v. Commissioner, 331 U.S. 1, 6 (1947).  A statute is to           








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