- 25 - partnership's principal place of business is located, or in the Court of Federal Claims. Sec. 6226(a). If the tax matters partner fails to do so, any notice partner who has an interest in the outcome has 60 additional days in which to file such a petition. Sec. 6226(b)(1). If the petition for readjustment is not filed by the tax matters partner within 90 days or by a notice partner within 60 days after the expiration of the 90-day period, as required by section 6226, then this Court lacks jurisdiction to readjust any of the adjustments determined by respondent in the notice of FPAA, and the petition must be dismissed. E.g., Triangle Investors Ltd. Partnership v. Commissioner, 95 T.C. 610 (1990); Genesis Oil & Gas, Ltd. v. Commissioner, 93 T.C. 562, 563-566 (1989). In the event that a court lacks jurisdiction to consider a petition for readjustment because it was filed by the tax matters partner beyond the filing deadline of section 6226(a), then the court also lacks jurisdiction to consider whether the notice of FPAA was issued beyond the period of limitations for making assessments, set forth in section 6229(a). Genesis Oil & Gas Ltd. v. Commissioner, supra at 564. This is true because the issuance of a notice of FPAA beyond the period of limitations does not affect its validity. Id. Rather, the untimeliness of thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011