Rodney J. and Noreen E. Blonien - Page 18




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          would deprive Mr. Blonien of due process and violate their                  
          constitutional rights.  Mr. Blonien observes that he had an                 
          inherent conflict of interest with the Finley Kumble trustee and            
          Mr. Manley, the TMP, on this question.  The trustee had an                  
          interest in enlarging the group of persons against whom claims              
          for contribution to satisfy the claims of creditors could be                
          pursued.  Mr. Manley, as the partner with the largest percentage            
          interest in the firm, had an interest in enlarging the group of             
          persons to whom the COD income would be allocated in order to               
          reduce his own share of the COD income.  Yet, as Mr. Blonien                
          observes, he had no right to participate in the partnership-level           
          proceeding to dispute his partner status.7                                  
               Under the partnership unified audit and litigation                     
          procedures enacted by the Tax Equity and Fiscal Responsibility              
          Act of 1982 (TEFRA), Pub. L. 97-248, sec. 402(a), 96 Stat. 648,             
          codified at sections 6221 through 6233, if a partnership has more           
          than 100 partners and a putative partner has less than a 1-                 
          percent interest in the profits of the partnership, the                     
          Commissioner generally need not give notice of a partnership                
          audit or proceeding to the putative partner, and the putative               
          partner has no standing to challenge the FPAA.  Secs. 6223(b),              

               7If a readjustment petition had been filed in the Tax Court            
          by the TMP, a notice partner, or a 5-percent group, see infra               
          note 8, there might have been an interesting question whether Mr.           
          Blonien should be entitled under sec. 6226(c) to participate in             
          the proceeding to present his claim that he was not a partner.              





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