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Congress intended the entity theory to govern the limitations
equation. Indeed, section 6229 itself contains partner specific
provisions. Section 6229(b)(1) provides that the period of
limitations can be extended by an agreement entered into by the
Commissioner with either one or more partners individually or
with respect to all partners by an agreement entered into with
the tax matters partner. Section 6229(c)(1) provides that in the
case of a fraudulent partnership return, different periods of
limitations will apply to different partners depending upon the
individual partner’s participation in making the partnership
return. Section 6229(h) suspends the running of the period of
limitations with respect to a partner (but not all partners)
during the pendency of a bankruptcy proceeding with respect to
such partner.22 Congress did not provide for the necessarily
synchronous expiration of the period for assessing tax with
respect to deficiencies resulting to the partners on account of
the unified examination of the partnership for a partnership
taxable year. We, therefore, do not agree that respondent’s
theory contravenes congressional intent. Indeed, in 1997,
Congress recognized that the periods for assessing tax against
individual partners may vary from partner to partner and
specifically provided that an individual partner will be
22Sec. 6229(h) was enacted as part of TRA sec. 1233(b), 111
Stat. 1023.
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