- 37 -
deficiency at issue in these cases to petitioners on July 19 and
20, 1990.18
Petitioners argue that the Consents were not effective to
extend respondent's time to make the adjustments at the
partnership level to which any deficiency or addition to tax
could be attributed. We disagree.
Section 6229(b)(2) provides that any agreement under section
6501(c)(4) shall apply with respect to the limitations period
described in subsection (a) only if such agreement expressly
provides that such agreement applies to tax attributable to
partnership items. The Forms 872-A executed by the Sanns and
Addington contained the following restrictive language:
(5) The amount of any deficiency assessment is to be
limited to that resulting from any adjustments to (a)
items affected by the carryover or continuing tax
effect caused by adjustments to any prior tax return;
(b) the taxpayer's distributive share of any item of
income, gain, loss, deduction, or credit of, or
distribution from
JABRILACH RECYCLING #13-3133726
(c) the tax basis of the taxpayer's interest(s) in the
aforementioned partnership(s) or organization(s)
treated by the taxpayer(s) as a partnership; and (d);
any gain or loss (or the character or timing thereof)
realized upon the sale or exchange, abandonment, or
other disposition of taxpayer's interest in such
partnership(s) or organization(s) treated by the
taxpayer as a partnership; including any consequential
changes to other items based on such adjustment.
18 The notices of deficiency for the 1982 tax year were issued
to Addington and the Sanns on July 19, 1990, and to Cohn on July
20, 1990.
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