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 50

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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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Last modified: May 25, 2011