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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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