Rhone Poulenc Surfactants and Specialties, L.P. - Page 4




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          participate in such action for the purpose of asserting that the            
          period of limitations for assessing any tax attributable to                 
          partnership items has expired and that we have jurisdiction to              
          decide whether that assertion is correct.  See Columbia Bldg.,              
          Ltd. v. Commissioner, 98 T.C. 607 (1992).  Respondent does not              
          dispute our jurisdiction over this issue.4                                  







               3(...continued)                                                        
               SEC. 6226(d). Partner Must Have Interest in Outcome.--                 
                    (1) In order to be party to action.--Subsection (c)               
               shall not apply to a partner after the day on which--                  
                         (A) the partnership items of such partner for the            
                    partnership taxable year became nonpartnership items by           
                    reason of 1 or more of the events described in                    
                    subsection (b) of section 6231, or                                
                         (B) the period within which any tax attributable             
                    to such partnership items may be assessed against that            
                    partner expired.                                                  
               4We note that in 1997 Congress amended sec. 6226(d) in order           
          to specifically provide that a partner may raise the statute of             
          limitations defense in a partnership proceeding for partnership             
          years ending after Aug. 5, 1997.  The Taxpayer Relief Act of 1997           
          (TRA), Pub. L. 105-34, sec. 1239(b), 111 Stat. 1027, added the              
          following sentence to the end of sec. 6226(d)(1)(B):                        
               Notwithstanding subparagraph (B), any person treated                   
               under subsection (c) as a party to an action shall be                  
               permitted to participate in such action (or file a                     
               readjustment petition under subsection (b) or paragraph                
               (2) of this subsection) solely for the purpose of                      
               asserting that the period of limitations for assessing                 
               any tax attributable to partnership items has expired                  
               with respect to such person, and the court having                      
               jurisdiction of such action shall have jurisdiction to                 
               consider such assertion.                                               





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