-23- criminal problems and the Commissioner’s efforts to bend them to his will. Here, by contrast, respondent’s agents never asked any of Leatherstocking’s limited partners to extend the periods of limitations for the subject years. Nor do we find that Steele tried to ingratiate himself with respondent, that Steele signed the consents because of the criminal investigations or the fraud referral, or that the consents were signed for a grant of immunity or in exchange for other favorable treatment. We also do not find that respondent attempted to mislead the Leatherstocking limited partners about the existence of Steele’s criminal problems or instructed Steele to do so.6 Petitioner also argues that respondent was required to remove Steele as TMP on account of the criminal investigation of Steele and that respondent’s failure to do so was an abuse of discretion. We disagree. In the case of a criminal investigation, section 6231(c)(2) provides that partnership items become nonpartnership items “To the extent that the Secretary determines and provides by regulations that to treat items as 6 Petitioner also asserts that respondent knew by July 1993 that Steele was a “narcissistic sociopath who had no regard for anyone or anything except himself and his own needs”, and that respondent had a “powerful incentive” in and after June 1990 to delay the conclusion of the audit of the subject years in that such a delay allowed respondent to determine fraud against Steele. The record does not support a finding of either of these assertions.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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