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settlement procedures of section 6224, apply only to partnership
taxable years beginning after September 3, 1982, with an
exception not here relevant. Section 407(a)(1) of TEFRA, 96
Stat. 670, provides as follows:
Except as provided in paragraph (2), the
amendments made by sections 402, 403, and 404 shall
apply to partnership taxable years beginning after the
date of the enactment of this Act. [Sept. 3, 1982.]
Further, petitioners' interpretation is belied by the plain
language of the statute, which refers to a "partnership taxable
year". The statute by its terms does not require that a
settlement made with a partner in respect of a partnership's
taxable year be extended to another partner for an earlier
taxable year. A fortiori, no such requirement would seem to
exist if the later year is covered by the TEFRA procedures and
the earlier year is not.
In Consolidated Cable, Ltd. v. Commissioner, T.C. Memo.
1990-657, affd. without published opinion 995 F.2d 222 (5th Cir.
1993), we implicitly recognized that the TEFRA partnership
provisions did not apply to partnership taxable years that began
before September 4, 1982.
In Ackerman v. Commissioner, T.C. Memo. 1996-315, the
taxpayers entered into settlement agreements for 1982, 1983, and
1984 (that were subject to the TEFRA provisions), and we held
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