William and Arlene G. Kingston - Page 16

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            Section 6229(a) provides that respondent has 3 years from the                             
            date of the filing of the partnership return in which to assess                           
            the tax based on any partnership or "affected" item.10  If an                             
            FPAA is issued before the end of the 3-year period of limitations                         
            of section 6229(a), that period is suspended for the time during                          
            which a partnership-level proceeding may be brought and if such a                         
            proceeding is timely brought, until a decision in that proceeding                         
            becomes final, and for 1 year thereafter.  Sec. 6229(d).                                  
            Sections 7481 and 7483 provide generally that a decision of this                          
            Court becomes final, in the absence of a timely filed notice of                           
            appeal, 90 days from the date the decision is entered.  Since, in                         
            the instant case, it is undisputed that the applicable                                    
            limitations period was open when two FPAA's were issued to the                            
            partnership, and that the partnership timely filed a petition in                          
            this Court based on such FPAA's, the period of limitation for                             
            issuing notices of deficiency was suspended, under section                                
            6229(d), for 1 year after the decision in the partnership                                 
            proceeding before this Court became final.                                                
                  The parties agree that the period of limitation for issuing                         
            notices of deficiency for affected items is suspended for 90 days                         
            plus 1 year following the entry of the decision in the                                    
            partnership proceeding.  The parties disagree, however, as to the                         

            10    Consistent with this Court's decision in Hambrose Leasing v.                        
            Commissioner, 99 T.C. 298 (1992), the deductions at issue are                             
            "affected" items.                                                                         




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