- 90 - 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 onPage: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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