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in paragraph (2) was mailed to the tax matters
partner.
Section 6223(d)(2) states that the notice of FPAA
should be mailed to each notice partner not later than 60
days after it was mailed to the tax matters partner.
Section 6223(d)(2) says nothing about the period of
limitations, and there is no reason that it should.
Section 6226(a) gives the tax matters partner 90 days in
which to file a petition for readjustment, and section
6226(b) gives notice partners 60 days thereafter in which
to file a petition for readjustment. Thus, the effect of
section 6223(d)(2), which requires the Commissioner to mail
the notice of FPAA to notice partners not later than 60
days after it was mailed to the tax matters partner, is to
give notice partners at least 90 days in which to consider
filing a petition for readjustment under section 6226(b).
See secs. 6223(d)(2), 6226(b)(1).
Petitioners' position is that the expiration of the
period of limitations precludes issuance of a timely notice
under section 6223(d)(2) and automatically invokes the
remedy provision set forth in section 6223(e) under which
partnership items are converted to nonpartnership items.
Thus, under petitioners' theory, the expiration of the
period of limitations under section 6229 automatically
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