Gerald H. Evans - Page 5




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          Recycling Associates, DL & K Associates, A Partner Other Than the           
          Tax Matters Partner v. Commissioner, docket No. 10184-88 (the               
          Taylor case) was commenced in this Court on behalf of Taylor.  On           
          July 21, 1994, the Court entered decision in the Taylor case                
          pursuant to the Commissioner's motion for entry of decision under           
          Rule 248(b).  All deductions and credits claimed by Taylor in               
          connection with its plastics recycling activities were                      
          disallowed.                                                                 
               Thereafter, on August 28, 1995, respondent issued the                  
          affected items notice of deficiency for 1982 determining                    
          additions to tax under sections 6653(a)(1) and (2), and 6659.               
          Petitioner appealed from the notice and filed his petition with             
          this Court on November 22, 1995.                                            
                                       OPINION                                        
          1.  Tolling of the Period of Limitations                                    
               Petitioner claims that the period of limitations for                   
          assessment and collection for the additions to tax in dispute has           
          expired because of respondent's failure to issue a valid notice             
          of deficiency.  We disagree.                                                
               Pursuant to the general rule of section 6229(a), the period            
          for assessing any income tax attributable to partnership items or           
          affected items for a partnership taxable year will not expire               
          until the later of a date that is 3 years after the partnership             
          files its information return for the taxable year in question or            
          the last day for filing such return for such year.  The 3-year              



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