- 3 -
matter before the Court is petitioner’s motion for summary
judgment, based on the claim that the period of limitations for
making assessments of tax has expired.
The Internal Revenue Code prescribes no period during which
TEFRA partnership-level proceedings, which begin with the mailing
of the notice of final partnership administrative adjustment,
must be commenced. However, if partnership-level proceedings are
commenced after the time for assessing tax against the partners
has expired, the proceedings would be of no avail because the
expiration of the period for assessing tax against the partners,
if properly raised, would bar any assessments attributable to
partnership items.
Generally, in order to be a party to a partnership action, a
partner must have an interest in the outcome. If the statute of
limitations applicable to a partner bars the assessment of tax
attributable to the partnership items in issue, that partner
would generally not have an interest in the outcome. See sec.
6226(c) and (d).3 However, we have held that a partner may
3Sec. 6226(c) and (d) provides:
SEC. 6226(c). Partners Treated as Parties.--If an action is
brought under subsection (a) or (b) with respect to a partnership
for any partnership taxable year--
(1) each person who was a partner in such partnership
at any time during such year shall be treated as a party to
such action, and
(2) the court having jurisdiction of such action shall
allow each such person to participate in the action.
(continued...)
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011