- 21 - assessed within 3 years of the later of the filing of the partnership return or its due date.”20 e. Congressional Intent Because respondent’s position introduces partner specific considerations into the period of limitations issue, petitioner believes that respondent’s position introduces the aggregate theory where Congress meant the entity theory to prevail. As stated,21 although Congress enacted the TEFRA partnership provisions to allow a unified proceeding to determine partnership items, the TEFRA partnership provisions blend the entity and aggregate theories. Petitioner has failed to convince us that 20In 2 Willis et al., Partnership Taxation, par. 20.08[1] (6th ed. 1999), it is explained: Section 6229(a) provides the general rule that the limitation period for the assessment of tax attributable to partnership items or affected items for a partnership taxable year “shall not expire” before three years after the later of the date on which the partnership return was filed or the due date (without extensions) for filing the return. This language pointedly is different from the language in the general limitation statute that states that tax “shall be assessed within 3 years” from the stated date. The effect of this provision, therefore, is to retain the normal three-year limitation period extended for partnership or affected items to at least three years (or more in some circumstances) after the filing of the partnership return. Consequently, the Service has the longer of the period from the filing of the partner’s return or the filing of the partnership return within which to assess tax with respect to partnership items and affected items. 21See discussion supra pp. 10-11.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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