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Discussion
Under the general rule set forth in section 6501, the
Internal Revenue Service is required to assess tax or send a
notice of deficiency within 3 years after a Federal income tax
return is filed. See sec. 6501(a). In the case of a tax imposed
on partnership items, however, section 6229 sets forth special
rules to extend the period of limitations prescribed by section
6501 in situations where the partnership tax return was filed
later than an individual partner’s return. See sec. 6501(o)(2);
Rhone-Poulenc Surfactants & Specialties v. Commissioner, 114 T.C.
533, 540 (2000).
Section 6229 provides in pertinent part:
SEC. 6229(a). General Rule.--Except as otherwise
provided in this section, the period for assessing any
tax imposed by subtitle A with respect to any person
which is attributable to any partnership item (or
affected item) for a partnership taxable year shall not
expire before the date which is 3 years after the later
of--
(1) the date on which the partnership return
for such taxable year was filed, or
(2) the last day for filing such return
for such year (determined without regard to
extensions).
* * * * * * *
(c) Special Rule in Case of Fraud, Etc.--
* * * * * * *
(2) Substantial omission of income.--If any
partnership omits from gross income an amount
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Last modified: May 25, 2011