Rhone Poulenc Surfactants and Specialties, L.P. - Page 31




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          running of the 6-year period.  We disagree with petitioner’s                
          analysis.                                                                   
                    b.  Facts                                                         
               Petitioner filed its 1990 Federal income tax return, Form              
          1120, U.S. Corporation Income Tax Return, on or about September             
          15, 1991.  On September 12, 1997, respondent issued the FPAA.               
          The FPAA was issued before the expiration of 6 years from the               
          date petitioner filed its corporate return.  On February 4, 1998,           
          in response to the FPAA, petitioner timely filed the petition in            
          this case.  The question we must answer is whether the issuance             
          of the FPAA and the filing of the petition suspended the running            
          of the 6-year period of limitations contained in section                    
          6501(e).27                                                                  
               Section 6229(d) provides:                                              
                    SEC. 6229(d).  Suspension When Secretary Makes                    
               Administrative Adjustment.--If notice of a final                       
               partnership administrative adjustment with respect to                  
               any taxable year is mailed to the tax matters partner,                 
               the running of the period specified in subsection (a)                  
               (as modified by other provisions of this section) shall                
               be suspended--                                                         
                         (1) for the period during which an action may                
                    be brought under section 6226 (and, if a petition                 
                    is filed under section 6226 with respect to such                  
                    administrative adjustment, until the decision of                  
                    the court becomes final), and                                     


               27The FPAA was too late to suspend the minimum 3-year period           
          provided for in sec. 6229(a).  That period ran on either Sept. 15           
          or 17, 1994.  See discussion supra p. 7 & note 10.  It could not            
          thereafter be suspended by the FPAA, which was issued on Sept.              
          12, 1997.  See sec. 6229(d).                                                





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