River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 105

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          that:  (1) The second and third sentences of section 301.6231(c)-            
          5T, Temporary Proced. & Admin. Regs., supra, were invalid, so                
          that initiation of a criminal tax investigation of Jay Hoyt (the             
          TMP of the partnership) automatically converted his partnership              
          items into nonpartnership items as a matter of law, thereby                  
          effectuating Jay Hoyt’s removal as TMP; (2) the criminal tax                 
          investigation of Jay Hoyt (the TMP) created a conflict of                    
          interest between Jay Hoyt’s duties as a fiduciary of the                     
          partnership and his self-interest as the subject of a criminal               
          tax investigation, and such conflict necessitated his removal as             
          TMP based on the rationale of the Court of Appeals for the Second            
          Circuit in Transpac Drilling Venture 1982-12 v. Commissioner, 147            
          F.3d 221 (2d Cir. 1998); and (3) the Commissioner abused his                 
          discretion by not issuing a written notice informing Jay Hoyt                
          (the TMP) that his partnership items would be treated as                     
          nonpartnership items.                                                        
               This Court, however, held that the extensions in Phillips v.            
          Commissioner, supra, were valid and that the periods of                      
          limitations for those partnership taxable years thus had not                 
          expired.  In so holding, this Court concluded that:  (1) Section             
          301.6231(c)-5T, Temporary Proced. & Admin. Regs., supra, was a               
          valid regulation; (2) the facts of Phillips were distinguishable             
          from those of Transpac, since the criminal tax investigation of              
          Jay Hoyt (a) did not create a disabling conflict of interest on              






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