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& Admin. Regs., supra. The RAA may be filed no later than
(i) 3 years after the later of the filing date or due date of the
partnership return for the taxable year to which the request
relates, and (ii) the date on which an FPAA is mailed to the tax
matters partner with respect to that taxable year. Sec. 6227(a).
If a request to change the treatment of a partnership item
conforming to the requirements of section 6227 is received by the
Secretary, he is authorized to approve it or take certain
specified actions necessary for resolution of the issue through a
unified partnership proceeding or through regular deficiency or
refund procedures. Sec. 6227(c). The statute does not authorize
the Secretary to consider a nonconforming request.
A partner’s distributive share of investment credit is a
partnership item for purposes of the TEFRA provisions. Maxwell
v. Commissioner, 87 T.C. 783, 790 (1986); Southern v.
Commissioner, 87 T.C. 49, 54 (1986); sec. 301.6231(a)(3)-1(a),
Proced. & Admin. Regs. Petitioners attempted to revoke the
investment credit claimed for 1985 by filing Form 1040X without
Form 8082. They filed their amended return for 1985 after
respondent had mailed an FPAA to the tax matters partner and
approximately 6 years after the Ethanol return for the 1985
taxable year would have been due. Petitioners did not satisfy
the statutory requirements, and consequently their amended return
was not effective to change the treatment of the investment
credit on their original 1985 return.6
6 If petitioners’ amended return for 1986 purported to
(continued...)
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