David Soward - Page 8

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               Under section 6226, the tax matters partner of a partnership           
          may file a petition for a readjustment of the partnership items             
          for such taxable year with the Tax Court, the District Court of             
          the United States for the district in which the partnership’s               
          principal place of business is located, or the Claims Court (now            
          Court of Federal Claims), within 90 days after the day on which a           
          notice of an FPAA is mailed to the tax matters partner.  Sec.               
          6226(a).  If the tax matters partner does not file a readjustment           
          petition under subsection (a) of section 6226 with respect to any           
          FPAA, any notice partner may, within 60 days after the close of             
          the 90-day period set forth in subsection (a), file a petition              
          for a readjustment of the partnership items for the taxable years           
          involved with any of the courts described in subsection (a).                
          Sec. 6226(b).                                                               
               The 90-day period for the tax matters partner to file a                
          petition in regard to the FPAA issued on December 17, 2004,                 
          expired on March 17, 2005.  The 60-day period for the notice                
          partner to file a petition in regard to the FPAA issued on                  
          December 17, 2004, expired on May 16, 2005.  The dates of the               
          petitions relating to the FPAA fall within the required periods             
          in which a tax matters partner or a notice partner would need to            
          file.  Sec. 6226(a) and (b).  However, the unresolved                       
          jurisdictional issues in those partnership cases are not                    
          determinative of the jurisdictional issue presented in this case.           






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