-21- Petitioner seeks a contrary result, relying upon Transpac Drilling Venture 1982-12 v. Commissioner, 147 F.3d 221 (2d Cir. 1998). There, the Court of Appeals for the Second Circuit held that extensions signed by TMPs who were cooperating witnesses in a criminal tax and related grand jury investigation of the promoter of the Transpac partnerships were invalid. The court held that the TMPs were under a disabling conflict between their personal interests as immunized cooperating Government witnesses and their duties to the limited partners they purported to represent. The court noted that the nature of the conflict was obvious and known by the Commissioner. The facts here do not support a finding that Steele was under a disabling conflict when he signed the consents. In Madison Recycling Associates v. Commissioner, 295 F.3d 280 (2d Cir. 2002), the Court of Appeals for the Second Circuit distinguished Transpac Drilling Venture 1982-12 v. Commissioner, supra, and indicated that a disabling conflict of interest is not necessarily present merely because a TMP is under criminal investigation. See Madison Recycling Associates v. Commissioner, supra at 288 (“Our decision in Transpac was based on * * * an actual conflict. We did not hold that the existence of a 5(...continued) approximately 10-year period from Nov. 18, 1986, through Sept. 23, 1996, it appears that his signing of the consents was merely a matter of routine rather than, as petitioner would have us find, a quid pro quo furthering Steele’s self-interests.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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