Opinion
12385-20
12-22-2021
Hancock County Land Acquisitions, LLC, Southeastern Argive Investments, LLC, Tax Matters Partner, Petitioner v. Commissioner of Internal Revenue, Respondent
ORDER
Albert G. Lauber Judge
This case involves a charitable contribution deduction claimed by Hancock County Land Acquisitions, LLC (Hancock), for a conservation easement. The Internal Revenue Service (IRS or respondent) issued petitioner a notice of final partnership administrative adjustment disallowing Hancock's deduction. Southeastern Argive Investments, LLC (SAI), petitioned this Court for readjustment of the partnership items.
SAI filed the petition as the tax matters partner (TMP) of Hancock. In his answer respondent did not admit that SAI is the TMP of Hancock. SAI urges that "respondent's failure to admit that SAI is the proper TMP potentially raises a jurisdictional issue." See I.R.C. sec. 6226(a) (2012) (providing that the "tax matters partner may file a petition for a readjustment of the partnership items"). For this reason SAI filed (on a protective basis) a separate petition in docket No. 12649-20 as a notice partner of Hancock.
On June 17, 2021, petitioner moved for partial summary judgment on this question, and on December 17, 2021, this case was assigned to the undersigned for trial or other disposition. Petitioner represents that it is "Hancock's TMP with the sole authority to invoke this Court's jurisdiction." Respondent does not object to the granting of petitioner's motion, and we are satisfied that petitioner has properly invoked our jurisdiction.
Upon due consideration, it is
ORDERED that petitioner's Motion for Partial Summary Judgment, filed June 17, 2021, is granted.