Leatherstocking 1983 Partnership, Sam I. Brown, A Partner Other Than The Tax Matters Partner - Page 21

                                        -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.                    





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