Rhone Poulenc Surfactants and Specialties, L.P. - Page 26




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          to assess ‘at any time’ the tax for a year in which the taxpayer            
          has filed ‘a false or fraudulent return’”.  Badarracco v.                   
          Commissioner, 464 U.S. 384, 396 (1984).  Section 6501(c)(1) would           
          literally apply to a partner whose individual or corporate return           
          was fraudulent regardless of whether the partnership return was             
          fraudulent.  Section 6501(c)(1) allows for an unlimited period              
          for assessing any tax for the year in which a fraudulent return             
          was filed regardless of whether some of the tax may be due to               
          nonfraudulent items.  See Lowy v. Commissioner, 288 F.2d 517 (2d            
          Cir. 1961), affg. T.C. Memo. 1960-32; Colestock v. Commissioner,            
          102 T.C. 380 (1994).  Thus, if section 6501(c)(1) applies to a              
          particular taxable year, it clearly permits an open-ended period            
          for any assessment of tax even if part of the assessment was                
          based on nonfraudulent partnership items.                                   
               Section 6229(c)(1) deals specifically with partnership                 
          returns.  It extends the period of limitations with respect to              
          the partners if a partner, with intent to evade tax, signs or               
          participates in the preparation of a fraudulent partnership                 
          return.  Unlike section 6501(c)(1), section 6229(c)(1) applies              
          only to tax attributable to partnership items or affected items.            
          For a partner signing or participating in the preparation of a              
          fraudulent partnership return, the period for assessing tax                 
          attributable to partnership items is unlimited, notwithstanding             
          that the fraud does not result in a reduction of that partner’s             






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