- 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