Rhone Poulenc Surfactants and Specialties, L.P. - Page 33




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          which is attributable to any partnership item” (which period                
          “shall not expire before” 3 years after the later of the filing             
          of the partnership return or its due date), the issuance of the             
          FPAA and the subsequent partnership-level litigation would                  
          suspend the running of any applicable period of limitations.  We            
          think that the latter interpretation is the correct one.  We                
          recognize that the disputed statutory language is not a model of            
          clarity.  Thus, in arriving at our conclusion that section                  
          6229(d) suspends the running of any applicable period of                    
          limitations when an FPAA is issued and during the pendency of               
          litigation in this Court, we again apply the well-established               
          rule stated by the Supreme Court in Badaracco v. Commissioner,              
          464 U.S. at 391-392:                                                        
               “Statutes of limitation sought to be applied to bar                    
               rights of the Government, must receive a strict                        
               construction in favor of the Government.”  E.I. du Pont                
               de Nemours & Co. v. Davis, 264 U.S. 456, 462 (1924).                   
               See also Lucas v. Pilliod Lumber Co., 281 U.S. 245, 249                
               (1930).  More recently, Judge Roney, in speaking for                   
               the former Fifth Circuit, has observed that                            
               “limitations statutes barring the collection of taxes                  
               otherwise due and unpaid are strictly construed in                     
               favor of the Government.”  Lucia v. United States, 474                 
               F.2d 565, 570 (1973).[29]                                              
               Our interpretation of section 6229(d) conforms to the                  
          general statutory scheme for allowing taxpayers to contest the              


               29See also Colestock v. Commissioner, 102 T.C. 380, 387                
          (1994), and Fehlhaber v. Commissioner, 94 T.C. 863, 868 (1990),             
          affd. 954 F.2d 653 (11th Cir. 1992), in which we applied this               
          rule when interpreting provisions of the statute of limitations             
          in sec. 6501.                                                               





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