Michael W. and Charlotte S. Phillips - Page 9

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          & Admin. Regs., supra.  The RAA may be filed no later than                  
          (i) 3 years after the later of the filing date or due date of the           
          partnership return for the taxable year to which the request                
          relates, and (ii) the date on which an FPAA is mailed to the tax            
          matters partner with respect to that taxable year.  Sec. 6227(a).           
          If a request to change the treatment of a partnership item                  
          conforming to the requirements of section 6227 is received by the           
          Secretary, he is authorized to approve it or take certain                   
          specified actions necessary for resolution of the issue through a           
          unified partnership proceeding or through regular deficiency or             
          refund procedures.  Sec. 6227(c).  The statute does not authorize           
          the Secretary to consider a nonconforming request.                          
               A partner’s distributive share of investment credit is a               
          partnership item for purposes of the TEFRA provisions.  Maxwell             
          v. Commissioner, 87 T.C. 783, 790 (1986); Southern v.                       
          Commissioner, 87 T.C. 49, 54 (1986); sec. 301.6231(a)(3)-1(a),              
          Proced. & Admin. Regs.  Petitioners attempted to revoke the                 
          investment credit claimed for 1985 by filing Form 1040X without             
          Form 8082.  They filed their amended return for 1985 after                  
          respondent had mailed an FPAA to the tax matters partner and                
          approximately 6 years after the Ethanol return for the 1985                 
          taxable year would have been due.  Petitioners did not satisfy              
          the statutory requirements, and consequently their amended return           
          was not effective to change the treatment of the investment                 
          credit on their original 1985 return.6                                      

          6 If petitioners’ amended return for 1986 purported to                      
                                                             (continued...)           



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