Rhone Poulenc Surfactants and Specialties, L.P. - Page 15




                                       - 15 -                                         
          title shall be assessed”.  Sec. 6501(a) (emphasis added).                   
          Generally, the period of limitations so provided is 3 years from            
          the date the taxpayer’s return was filed but varies in the case             
          of certain enumerated exceptions.  See, e.g., sec. 6501(c), (d),            
          (e), (f), (h).  The pertinent language of section 6229 is:                  
          "[T]he period for assessing any tax imposed by subtitle A with              
          respect to any person which is attributable to any partnership              
          item (or affected item) for a partnership taxable year shall not            
          expire before the date which is 3 years after the later of" the             
          filing or due date of the partnership return.  (Emphasis added.)            
          Section 6229 provides a minimum period of time for the assessment           
          of any tax attributable to partnership items (or affected items)            
          notwithstanding the period provided for in section 6501, which is           
          ordinarily the maximum period for the assessment of any tax.  The           
          section 6229 minimum period may expire before or after the                  
          section 6501 maximum period.13  Indeed, section 6501(n)(2) cross-           
          references section 6229 by providing:  "For extension of period             



               13For example, the 3-year minimum period described in sec.             
          6229(a) will expire on April 15 of year four in the case of a               
          partnership return timely made (without extension) for year one             
          (a calendar year), while the 3-year maximum period described in             
          sec. 6501 will expire on August 15 of year four in the case of an           
          individual partner’s return made (with automatic 4-month                    
          extension) for year one.  If a partner is a corporation, which              
          timely makes its return (without extension) for year one on March           
          15 of year two, the 3-year maximum period described in sec. 6501            
          will expire 1 month earlier (on March 15 of year four) than the             
          3-year minimum period described in sec. 6229(a).                            





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011