River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 114

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          extension concerning the 1984 taxable year of RCR #4, was                    
          operating under a disabling conflict of interest due to this                 
          ongoing criminal investigation.                                              
               Although petitioners have alleged numerous breaches and                 
          violations by Jay Hoyt of other general partnership duties, his              
          violations of those duties, if proven, have only a remote and                
          highly attenuated connection, at best, to his execution as TMP of            
          the extensions in dispute.  The Court is not convinced that such             
          violations by Jay Hoyt of his other partnership duties in                    
          managing and operating a partnership, constitute disabling                   
          conflicts of interest in executing the extensions as TMP.  See               
          Phillips v. Commissioner, 272 F.3d at 1175 (distinguishing                   
          Transpac, by noting, among other things, that a TMP’s execution              
          of an extension often is a routine accommodation granted the IRS             
          and avoids respondent’s issuance of an FPAA immediately).                    
               Petitioners further suggest that Jay Hoyt granted the                   
          extensions in exchange for the IRS’s abatement of penalties                  
          against him totaling $119,700, covering years prior to 1989.  Of             
          the $119,700 of abated penalties, $90,000 were penalties under               
          section 6701 assessed against Jay Hoyt sometime in mid-1989.  The            
          IRS abated the $90,000 of section 6701 penalties in early 1991,              
          following Jay Hoyt’s filing a refund claim in 1990.  Petitioners             
          state that the IRS “inexplicably” abated all $119,700 in                     
          penalties that it previously assessed against Jay Hoyt.                      






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