- 10 - required by section 6223(a) to a notice group defined as “a group of partners in the aggregate having a 5 percent or more interest in the profits of a partnership” if the notice group has requested such notice and designated one of its members to receive the notice. In order to find that Mr. Mathia and/or petitioner were members of a notice group, the record would have to contain evidence that Greenwich was a partnership with more than 100 partners, that a notice group was properly formed and that petitioner and Mr. Mathia were members of it, and that a member of the notice group was properly and timely designated in accordance with section 6223(b)(2) and applicable regulations. In order to enable us to find that petitioner and/or Mr. Mathia were notice partners, the record would have to establish they were entitled to notice under section 6223(a) without regard to the provisions of section 6223(b)(2) (dealing with notice to a notice group involving a partnership of more than 100 partners) and section 6223(e)(1)(B) (dealing with the effect of the Secretary’s failure to give notice involving a partnership of more than 100 partners). Petitioner and/or Mr. Mathia would be entitled to notice only if their names and addresses, as well as information sufficient to enable the Secretary to determine that they were entitled to receive notice under section 6223(a), had been furnished timely to the Secretary.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011