Rhone Poulenc Surfactants and Specialties, L.P. - Page 7




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               The partnership filed its 1990 income tax return, Form 1065,           
          U.S. Partnership Return of Income (the return), on either                   
          September 15 or 17, 1991.10                                                 
               B.  Arguments of the Parties                                           
                    1.  Introduction                                                  
               Section 6501(a) provides a general period of limitations for           
          assessing and collecting any tax imposed by the Code.  Section              
          6501(a) defines the period in relation to the filing of the                 
          return of the person liable for tax; in this case the petitioner            
          rather than the partnership.  Section 6229(a) sets forth a                  
          minimum period for assessing any income tax with respect to any             
          person that is attributable to any partnership item or affected             
          item.  This minimum period is defined in relation to the filing             
          of the partnership return.  This minimum period can be greater              
          than, or less than, the period of limitations in section 6501.              
               The principal disagreement between the parties concerns the            
          relationship between section 6229 and section 6501.  Petitioner             
          argues that section 6229 stands alone and describes a period that           
          is independent of any period described in section 6501.                     
          Respondent argues that section 6229 does not stand alone but                



               9(...continued)                                                        
          Memo. 1996-458; sec. 301.6233-1T(a), (c)(1), Temporary Proced. &            
          Admin. Regs., 50 Fed. Reg. 39,998 (Oct. 1, 1985).                           
               10The parties disagree on this point, but that disagreement            
          is of no consequence to our disposition of petitioner’s motion.             





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