Wayne Caldwell Escrow Partnership, Roy Dimon, John and Mary Schuenemann, Joseph and Louise O'Neal, Charles and Lovetta Niven, Chalton and Cynthia Thomas, Partners Other Than the Tax Matters Partner - Page 39

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                  We turn to the period of limitations on assessment and              
             collection of the tax imposed by subtitle A of the Internal              
             Revenue Code.  Under the general rule set forth in section               
             6501, the Secretary is required to assess the tax within                 
             3 years after the taxpayer's return is filed.  Sec.                      
             6501(a).  In the case of the tax imposed on partnership                  
             items, however, section 6229 sets forth special rules to                 
             extend the period of limitations prescribed by section                   
             6501.  See sec. 6501(o)(2).                                              
                  Section 6229(a) provides that, generally, the period                
             of limitations for assessing the tax attributable to                     
             partnership items shall not expire before 3 years after                  
             the date on which the partnership return was filed, or,                  
             if later, the last day for filing such return.  This period              
             can be extended with respect to a particular partner by                  
             agreement entered into by the Secretary and the partner,                 
             or with respect to all partners by an agreement entered                  
             into by the Secretary and the tax matters partner or a                   
             person authorized by the partnership to enter into such                  
             an agreement.  Sec. 6229(b).  If the Secretary mails a                   
             notice of FPAA to the tax matters partner, section 6229(d)               
             suspends the running of the period of limitations on                     
             assessment for the period during which an action can be                  
             brought to challenge the notice of FPAA in court and for 1               






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