- 27 - 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 TMPPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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