Rhone Poulenc Surfactants and Specialties, L.P. - Page 27




                                       - 27 -                                         
          own taxes.  See Transpac Drilling Venture 1983-2 v. United                  
          States, 83 F.3d 1410, 1414-1415 (Fed. Cir. 1996) (“there is no              
          requirement in �6229(c)(1) that the taxes the signer of the                 
          partnership return intended to evade must have been the signer’s            
          own”).  Certainly, section 6229(c)(1)(A) applies to tax                     
          attributable to partnership items if it is the signer’s own taxes           
          that will be reduced, but that possible limited overlap with                
          section 6501(c)(1) is insufficient for us to conclude that                  
          section 6229(c)(1) is superfluous, given the disjunction between            
          intent and underpayment contained in section 6229(c)(1).  We also           
          note that, unlike section 6501(c)(1), section 6229(c)(1)(B)                 
          provides a separate 6-year period for assessment of taxes for               
          partners who did not sign or participate in the preparation of              
          the fraudulent return.  Moreover, it is unclear whether the                 
          "return" specified in section 6501(c)(1) included partnership               
          returns, though we need not address that question here.  See                
          Stahl v. Commissioner, 96 T.C. 798, 801 (1991); Durovic v.                  
          Commissioner, 54 T.C. 1364, 1384-1385 (1970), affd. in part,                
          revd. and remanded in part 487 F.2d 36 (7th Cir. 1973).25                   




               25TRA sec. 1284(a), 111 Stat. 1038, amended sec. 6501(a) by            
          adding at the end:  "For purposes of this chapter, the term                 
          'return' means the return required to be filed by the taxpayer              
          (and does not include a return of any person from whom the                  
          taxpayer has received an item of income, gain, loss, deduction,             
          or credit).”                                                                





Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011