Rodney J. and Noreen E. Blonien - Page 37




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          following the mailing to the tax matters partner of an FPAA                 
          during the period under section 6226 for partners to challenge              
          the adjustment (150 days), and for 1 year thereafter.  Sec.                 
          6229(d).  Thus, section 6229(d) extends “the time for respondent            
          to issue the notice of deficiency until 1 year and 150 days after           
          the issuance of the FPAA.”  Overstreet v. Commissioner, T.C.                
          Memo. 2001-13.                                                              
               The “affected items” notice of deficiency was mailed to                
          petitioners on December 17, 1999--within 1 year and 150 days                
          after the issuance of the FPAA on August 10, 1998.  Therefore, if           
          section 6229(d) applies to the items set forth in the notice of             
          deficiency mailed to petitioners, an assessment thereon would not           
          be barred by the statute of limitations.                                    
               Section 6229(d) applies to the case at hand because Mr.                
          Blonien was determined to be a partner in Finley Kumble at the              
          partnership level.  We have no jurisdiction in this partner-level           
          proceeding to consider petitioners’ argument that the                       
          partnership-level determination was wrong.  We are bound by the             
          determination made at the partnership level that Mr. Blonien was            
          a partner in Finley Kumble for Federal income tax purposes.                 
          Therefore, respondent is not barred from assessing petitioners a            
          deficiency arising from Mr. Blonien’s share of Finley Kumble’s              
          items.                                                                      








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