Tax Matters Partner

ID:
UILC:
CCA_2015040112064001
6231.07-00
[Third Party Communication:
Date of Communication: Month DD, YYYY]
Number: 201515030
Release Date: 4/10/2015
From:
Sent: Wednesday, April 01, 2015 12:06:40 PM
To:
Cc:
Bcc:
Subject: RE: Another quick inquiry...
The following statement is incorrect: “The general partner of FLP1 has been the member-manager of the taxpayer-partnership trough his interest in FLP1.” The definition of member-manager under Treas. Reg. 301.6231(a)(7)-2 encompasses only the owners under state law and not the owners of the member. So only FLP1 is the “member”. So FLP1, if it is also a manager under state law, can be designated as the TMP as a “member-manager” of the TEFRA partnership. As a practical matter, only a state law officer/manager can sign documents for FLP1, but this does not make that manager the TMP or the “member-manager” of the TEFRA partnership who can be designated as TMP.
If the designation clearly designates FLP1 as the TMP, then it is the
TMP. If its manager is set forth only as a person authorized to act for the
TMP under state law, then this should not invalidate the designation of
FLP1 as the TMP.