- 16 - limitations set forth in section 6501(a) by providing that the assessment procedure may be expedited where a request for prompt assessment is filed on behalf of a decedent, the decedent's estate, or a corporation. Section 6501(d) does not provide prompt assessment relief to a surviving spouse. See Garfinkel v. Commissioner, 67 T.C. 1028, 1032-1033 (1977); Estate of Severt v. Commissioner, T.C. Memo. 1998-34. Similarly, we conclude that section 301.6231(c)-8T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6794 (Mar. 5, 1987), which provides that partnership items will be treated as nonpartnership items "with respect to a partner on whose behalf a request for a prompt assessment of tax under section 6501(d) is filed", does not apply to the surviving spouse of a deceased partner. We note that in Dubin v. Commissioner, 99 T.C. 325, 334 (1992), we rejected a similar argument under analogous circumstances. In Dubin v. Commissioner, supra, the taxpayer and her husband held a joint interest in a partnership. Because the taxpayer's husband was named as a debtor in a bankruptcy proceeding, his partnership items converted to nonpartnership items pursuant to section 301.6231(c)-7T(a), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6793 (Mar. 5, 1987). However, in a reversal of the positions of the parties in the instant case, the Commissioner argued in Dubin that the partnership items of the taxpayer (wife) had converted to nonpartnership items at the timePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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