- 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 NextLast modified: May 25, 2011