- 10 - Prompt assessment (Temporary).--The treatment of items as partnership items with respect to a partner on whose behalf a request for a prompt assessment of tax under section 6501(d) is filed will interfere with the effective and efficient enforcement of the internal revenue laws. Accordingly, partnership items of such a partner arising in any partnership taxable year ending with or within any taxable year of the partner with respect to which a request for a prompt assessment of tax is filed shall be treated as nonpartnership items as of the date that the request is filed. In sum, the partnership items of a partner on whose behalf a request for prompt assessment of income tax is filed under section 6501(d) shall be treated as nonpartnership items as of the date that the request for prompt assessment is filed.5 Petitioners contend that they are entitled to summary judgment that the notices of deficiency for affected items were issued beyond the period of limitations on the ground that both decedent's and Mrs. Callaway's partnership items converted to nonpartnership items upon the filing of a request for prompt assessment on decedent's behalf on December 23, 1991. Although 5 The filing of a request for prompt assessment on behalf of a deceased partner presents special enforcement problems with respect to TEFRA partnership proceedings due to the abbreviated period of limitations associated with such a request. In particular, sec. 6501(d) establishes an exception to sec. 6501(a) which sets forth the general rule that the amount of any income tax shall be assessed within 3 years after a tax return is filed. Sec. 6501(d) provides that a request for prompt assessment may be filed with respect to any tax (except estate tax) for which a return is required by a decedent, or by his estate during the period of administration, or by a corporation, and that such tax generally shall be assessed within 18 months after filing of such request but not later than 3 years after the return was filed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011