- 99 - 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.Page: Previous 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Next
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