- 16 - 1996. The notices were issued on March 14, 1997, less than one year thereafter. Thus, if section 6229 applies, it is beyond question that the March 14, 1997, notices are timely. Section 6229 was enacted as part of the unified partnership audit and litigation provisions of TEFRA sec. 402(a), 96 Stat. 648. The TEFRA rules, codified at sections 6221 through 6233, segregate adjustments attributable to an individual's interest in partnerships which are subject to the TEFRA statutes from all other adjustments which can be made to the individual's return. Maxwell v. Commissioner, 87 T.C. 783, 787-788 (1986). So-called TEFRA adjustments generally can be made only after all partnership proceedings are completed. White v. Commissioner, 95 T.C. 209, 211 (1990); Roberts v. Commissioner, 94 T.C. 853, 859 (1990); N.C.F. Energy Partners v. Commissioner, 89 T.C. 741, 743- 745 (1987); Maxwell v. Commissioner, supra at 790-793. If we determine that the section 469 issue, as petitioners contend, does not involve a partnership item or affected item adjustment, then section 6229 does not operate to suspend the period of limitations. Sec. 6501. Under this scenario, respondent concedes that petitioners' distributive share of petitioners' losses for 1989 and 1990 could not be recharacterized as passive, and, therefore, that petitioners would be entitled to refunds for those years based on the partnership-level adjustments.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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