- 16 - disabling conflict of interest. However, the current situation is distinguishable from River City Ranches #1 Ltd., primarily because petitioner was not purporting to act as TMP and thus owed no comparable fiduciary duty to other partners. Petitioner was investigated for violation of internal revenue laws occurring during 1983, 1984, and later. The partnership items at issue arose during partnership years ended on or before the last day of the latest year for which he was being criminally investigated. However, there is nothing in the record to show that written notification was ever mailed to petitioner stating that his partnership items would be treated as nonpartnership items. Additionally, there is nothing to suggest that the criminal investigation of petitioner would have interfered with effective and efficient enforcement of internal revenue laws or would have created a disabling conflict of interest. Accordingly, the assessments made by the IRS, based on the partnership adjustments, were proper, and the failure of the Appeals officer specifically to address on the merits petitioner’s argument as to the conversion of partnership items does not warrant a remand of this case for another hearing. See Lunsford v. Commissioner, 117 T.C. 183, 189 (2001). Finally, petitioner contends that, during his criminal investigation, several boxes of his files were seized by the investigators. He further contends that he and/or his counselPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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