- 50 - 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 automaticallyPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011