River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 101

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          Phillips, this Court and the Court of Appeals for the Ninth                  
          Circuit both rejected the taxpayer-partner’s argument that                   
          section 301.6231(c)-5T, Temporary Proced. & Admin. Regs., supra,             
          should be construed to require, whenever a criminal tax                      
          investigation of a TMP of a partnership is commenced, that the               
          IRS automatically remove that individual as TMP.                             
               Respondent further argues that the rationale employed by the            
          Court of Appeals for the Second Circuit in Transpac Drilling                 
          Venture 1982-12 v. Commissioner, supra, is not applicable here,              
          because the facts of the instant case, like Phillips, are                    
          distinguishable from those of Transpac.  Respondent asserts that             
          there is no evidence that Jay Hoyt (the TMP), in executing the               
          extensions, had a disabling conflict of interest as a result of a            
          criminal tax investigation and was seeking to ingratiate himself             
          or curry favor with the IRS in exchange for lenient treatment                
          relating to the criminal investigation.                                      
               Respondent maintains that to the extent other partnership               
          conflicts between Jay Hoyt and the partners existed, those                   
          conflicts were of Jay Hoyt’s making, not due to IRS action or                
          inaction.  Further, respondent asserts that the IRS was not a                
          party to the dealings between Jay Hoyt and the sheep partners                
          which created these alleged conflicts of interest, nor was the               
          IRS involved in concealing Jay Hoyt’s fraud upon the partners or             
          responsible for his failures.                                                






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