John M. Mekulsia - Page 27

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          Reg. 6793 (Mar. 5, 1987), and section 301.6231(a)(7)-1(l)(1)(iv),           
          Proced. & Admin. Regs.                                                      
               Our understanding of petitioner’s argument is based on the             
          following progression:  (1) Pursuant to section 6231(c)(2), the             
          Secretary is granted discretion by Congress to prescribe                    
          regulations concerning the special enforcement areas enumerated             
          in section 6231(c)(1); (2) this discretion allows the Secretary             
          to promulgate regulations to determine when treating items as               
          partnership items will interfere with the effective and efficient           
          enforcement of the internal revenue laws; (3) once such a                   
          determination is made by the Secretary, it is mandatory that a              
          partner’s partnership items be treated as nonpartnership items,             
          sec. 6231(c)(2); (4) by regulation, the Secretary has determined            
          that “The treatment of items as partnership items with respect to           
          a partner under criminal investigation for violation of the                 
          internal revenue laws relating to income tax will interfere with            
          the effective and efficient enforcement of the internal revenue             
          laws”, sec. 301.6231(c)-5T, Temporary Proced. & Admin. Regs.,               
          supra; (5) the regulation requires that notice be sent to the               
          partner that his partnership items will be treated as                       
          nonpartnership items, id.; and (6) therefore, at the initiation             
          of a criminal investigation of a TMP, it is mandatory that (a)              
          the partner’s partnership items become nonpartnership items, (b)            
          the partner be sent notice, and (c) the partner be removed as TMP           






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