- 4 - Hoyt III (Mr. Hoyt). According to the return, Mr. Hoyt was also the designated TMP for the partnership. The Burns address and Orovada address were listed on the return as the respective addresses of the TMP and the tax return preparer. By letter to respondent, dated June 23, 1998 (Cobb letter), Mr. Cobb requested, as counsel for “all of the Hoyt investor partnerships”: that all notices and correspondence to Mr. Hoyt as Tax Matters Partner or as a partner in the investor partnerships, be copied to me as partnerships [sic] counsel. If you believe this notice is insufficient for any reason, I request that you advise me immediately. Regardless of any reasons which may be advanced for not copying me on partnerships’ notices and correspondence, it is the partnerships’ position that any notice sent to Mr. Hoyt and not copied to me is insufficient and that, should any partnership fail to timely respond to such a notice, that failure is excused by the IRS’s conduct in failing to copy partnerships’ counsel with the notice. I have provided to * * * [respondent’s counsel] an authorization to release information, listing the partnerships and other entities. As mentioned in the above letter, Mr. Cobb submitted an Amended Tax Information Authorization form (authorization form) signed by Mr. Hoyt in his capacity as “Himself, general partner, partner, and/or member of the entities listed on Exhibit 1; and on behalf of any entity listed on Exhibit 2 in which he has the ability to authorize a release.” Exhibit 1 lists approximately 127Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011