Hoyt and Sons Ranch Properties Ltd. NV - Page 9




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          information listed above and was for the purpose of authorizing             
          the disclosure of taxpayer information concerning certain of the            
          Hoyt Farms partnerships, not including Ranch Properties.  Nowhere           
          in the Cobb letter, the authorization, or its Exhibits 1 and 2,             
          does a group of partners having in the aggregate a 5-percent or             
          greater interest in Ranch Properties for tax year 1994 request              
          recognition as a notice group or designate one of its members to            
          receive notices on behalf of such group.  See sec. 301.6223(b)-             
          1T, Temporary Proced. & Admin. Regs., supra.  To the contrary,              
          Exhibit 1 states that Mr. Hoyt had no “authority for                        
          authorization” as to “the two Hoyt and Sons Ranch Properties                
          partnerships”.  To apply such a broad and loose interpretation to           
          these documents, as SGE would have the Court do, would render the           
          specific sections of the Code and regulations useless.                      
          Accordingly, because SGE failed to meet any of the requirements             
          to request treatment as a notice group, or as a member or                   
          designee of such a group, it is not treated under section                   
          6223(e)(1)(B) as entitled to the notice specified in section                
          6223(a).                                                                    
               According to the Schedule K-1 issued in connection with                
          Ranch Properties’ 1994 partnership return, SGE was a 0.65-percent           
          profit, loss, and ownership holder of Ranch Properties.  SGE does           
          not dispute that its stated interest in Ranch Properties is less            







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Last modified: May 25, 2011