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456, 462 (1924); see also Badaracco v. Commissioner, 464 U.S.
386, 391 (1984); Colestock v. Commissioner, 102 T.C. 380, 387
(1994); Fehlhaber v. Commissioner, 94 T.C. 863, 868 (1990), affd.
954 F.2d 653 (11th Cir. 1992).
2. Relationship Between Sections 6229 and 6501
a. Introduction
Simply put, respondent believes that sections 6229 and 6501
contain alternative periods within which to assess tax with
respect to partnership items, with the later-expiring-period
governing in a particular case. Petitioner believes that the
period for assessing tax with respect to partnership items is the
later of 3 years from the partnership return due date or filing
date which is referred to in section 6229(a). Both sides refer
to dicta which lends support to their respective position, and
both acknowledge that no court has ruled directly on this issue.
We conclude that respondent’s position is correct.
b. Section 6229 and Section 6501 Contain Alternative
Periods of Limitations
To understand the parties’ arguments, it is necessary to
understand the Code’s structure with respect to periods of
limitations. In pertinent part, section 6501 provides:
SEC. 6501(a). General Rule.--Except as otherwise
provided in this section, the amount of any tax imposed
by this title shall be assessed within 3 years after
the return was filed * * *
* * * * * * *
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