Rhone Poulenc Surfactants and Specialties, L.P. - Page 21




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          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.                                      





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