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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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