A district court has held that partner in a tax shelter who was erroneously informed by IRS that he had the right to opt out of the partnership examination wasn't entitled to be dismissed from the case. The court found that IRS had no statutory duty to inform the partner of the partnership proceedings and that its failure to do so didn't give the partner to the right to opt out of the proceedings, regardless of the fact that he was initially told otherwise. Kearney Partners Fund, LLC, (DC FL 3/27/2013) 111 AFTR 2d ¶ 2013-581
Wednesday, April 3, 2013
A district court has held that partner in a tax shelter who was erroneously informed by IRS that he had the right to opt out of the partnership examination wasn't entitled to be dismissed from the case. The court found that IRS had no statutory duty to inform the partner of the partnership proceedings and that its failure to do so didn't give the partner to the right to opt out of the proceedings, regardless of the fact that he was initially told otherwise. Kearney Partners Fund, LLC, (DC FL 3/27/2013) 111 AFTR 2d ¶ 2013-581
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