Rhone Poulenc Surfactants and Specialties, L.P. - Page 32




                                        - 32 -                                        
                         (2) for 1 year thereafter.  [Emphasis                        
                    added.28]                                                         
               The question we must answer is what is “the period specified           
          in subsection (a)”, the running of which is suspended?                      
          Subsection (a) initially refers to “the period for assessing any            
          tax * * * which is attributable to any partnership item”.  As we            
          have previously held, this is generally the period prescribed in            
          section 6501.  Subsection (a) then provides that the above-                 
          referenced period for assessing any tax “shall not expire before”           
          3 years after the later of the partnership return due date or               
          filing date.  As previously explained, this “minimum period” may            
          be greater or less than the period provided for in section 6501.            
          If the reference in section 6229(d) to “the period specified in             
          subsection (a)” means only the “minimum period”, an FPAA issued             
          after the “minimum period”, but while the section 6501 period is            
          still open, would not suspend the running of the section 6501               
          period.  If, on the other hand, the “period specified in                    
          subsection (a)” means “the period for assessing any tax * * *               


               28Sec. 6229(d)(1) was amended by TRA sec. 1233(a), 111 Stat.           
          1023.  Prior to amendment, sec. 6229(d)(1) read as follows:                 
                    (1) for the period during which an action may be                  
               brought under section 6226 (and, if an action with                     
               respect to such administrative adjustment is brought                   
               during such period, until the decision of the court in                 
               such action becomes final), and                                        
          The amendment applies to partnership tax years with respect to              
          which the period under Code sec. 6229 for assessing tax has not             
          expired on or before Aug. 5, 1997.                                          





Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011