- 41 - Any partnership may authorize any person to extend the period described in section 6229(a) with respect to all partners by filing a statement to that effect with the service center with which the partnership return is filed. The statement shall-- (a) Provide that it is an authorization for a person other than the tax matters partner to extend the assessment period with respect to all partners, (b) Identify the partnership and the person being authorized by name, address, and taxpayer identification number, (c) Specify the partnership taxable year or years for which the authorization is effective, and (d) Be signed by all persons who were general partners at any time during the year or years for which the authorization is effective. Respondent concedes that DV-85 filed no statement complying with section 301.6229(b)-1T, Temporary Proced. & Admin. Regs., supra. Respondent argues that, nevertheless, Mr. Schreiber was authorized by DV-85 in writing to execute the DV-85 Form 872-P for 1985 and that such authorization satisfies section 6229(b)(1)(B). Section 6229(b)(1)(B) does not specify how a person other than the TMP is to be authorized by the partnership in writing to enter into an agreement to extend the 3-year period. We have concluded that section 301.6229(b)-1T, Temporary Proced. and Admin. Regs., is permissive, not mandatory, in nature. See Bugaboo Timber Co. v. Commissioner, 101 T.C. 474, 487 (1993) (with respect to an S corporation, adopting the conclusions of Amesbury Apartments, Ltd., and Cambridge Research & Dev. Group,Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011