Rhone Poulenc Surfactants and Specialties, L.P. - Page 18




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          the IRM may have,16 the quoted provisions from IRM section                  
          4226.31(13)(13) are ambiguous and unpersuasive (e.g., “The filing           
          date of an investor’s return is the beginning of the                        
          three year IRC 6501 statute, but IRC 6229(a), at the partnership            
          level, probably controls the partnership items even if the                  
          partnership return was filed earlier.”  4 Audit, Internal Revenue           
          Manual (CCH), sec. 4226.31(13)(13), at 7643 (emphasis added).               
                    d.  No Inconsistency                                              
               Petitioner directs our attention to various TEFRA                      
          partnership provisions and other provisions of the Code and                 
          regulations in an attempt to show a statutory scheme that                   
          petitioner argues requires us to interpret section 6229(a) as a             
          stand-alone statute of limitations.  We consider those sections             
          and regulations cited by petitioner only to express our view that           
          section 6229 provides a minimum period of limitations.                      
               First, petitioner cites five sections of the Code that, by             
          explicitly or implicitly referring to a period of limitations in            
          section 6229(a), allegedly make clear that section 6229 is a                



               16The Internal Revenue Manual does not have the force of               
          law.  See Griswold v. United States, 59 F.3d 1571, 1576 n.8 (11th           
          Cir. 1995) (“While the IRS Manual does not have the force of law,           
          see Anderson v. United States, 44 F.3d 795, 799 (9th Cir. 1995),            
          the manual provisions do constitute persuasive authority as to              
          the IRS’s interpretation of the statute and the regulations.”);             
          Lane v. Commissioner, T.C. Memo. 1992-11.                                   







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