Leatherstocking 1983 Partnership, Sam I. Brown, A Partner Other Than The Tax Matters Partner - Page 23

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          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.                                                                 





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