Dolores J. Myers - Page 14




                                       - 13 -                                         
          stated in Vulcan Oil Tech. Partners v. Commissioner, 110 T.C.               
          153, 160 (1998), affd. without published opinion sub nom. Tucek             
          v. Commissioner, 198 F.3d 259 (10th Cir. 1999), affd. per curiam            
          without published opinion sub nom. Drake Oil Tech. Partners v.              
          Commissioner, 211 F.3d 1277 (10th Cir. 2000):                               
                    At the time the * * * settlements involved * * *                  
               were entered into, there was no statutory or regulatory                
               provision that placed on respondent the duty to notify                 
               each partner in a TEFRA partnership that a settlement                  
               was entered into.  Rather, section 6223(g) and section                 
               301.6223(g)-1T(b)(1)(iv), Temporary Proced. & Admin.                   
               Regs., 52 Fed. Reg. 6786 (Mar. 5, 1987), placed the                    
               duty on the TMP to keep each partner informed about                    
               settlement offers that had been entered into by                        
               partners.  It was the TMP, not respondent, who had the                 
               duty of notification to other investor-partners of the                 
               fact and date that settlements were entered into.                      
               Section 6230(f) provides that a TMP’s failure to notify a              
          partner or to perform any act on behalf of any partner, as                  
          required by either the statute or the regulations, does not                 
          affect the applicability of any partnership proceeding or                   
          adjustment to that partner.  “Thus, despite the TMP’s alleged               
          failure to provide notice to movants of cash settlements * * *,             
          movants herein have no right now to require respondent to enter             
          into cash settlements.”  Vulcan Oil Tech. Partners v.                       
          Commissioner, supra at 161.                                                 
               We hold that, under the circumstances of these cases,                  
          respondent is not obligated to extend to petitioners an offer of            
          settlement consistent with the terms of settlement agreements               
          made with other Jojoba partners.  See secs. 6223(g), 6224(c)(2);            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011