Rhone Poulenc Surfactants and Specialties, L.P. - Page 34




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          Commissioner’s income tax determinations prior to assessment and            
          collection.  The general statutory scheme provides that no                  
          assessment of a deficiency can be made prior to notice and an               
          opportunity to petition this Court.  See sec. 6213.  While issues           
          are pending before this Court, the period of limitations for                
          assessment is generally suspended.  Section 6503 provides that              
          the mailing of a valid deficiency notice suspends the running of            
          the period of limitations with respect to the tax liability that            
          is the subject of such notice.  In the event a petition is filed            
          with this Court, section 6503(a) also suspends the running of the           
          period of limitations until 60 days after the decision of this              
          Court becomes final.  This protects the Government against the              
          running of the period of limitations during the time when it is             
          statutorily prohibited from assessing any deficiency.                       
               The TEFRA partnership provisions, which provide for                    
          partnership issues to be determined at the partnership level,               
          parallel the deficiency procedures to the extent that notice (the           
          FPAA) and the right to petition this Court must generally be                
          given prior to making any assessments attributable to partnership           
          items or affected items.  See secs. 6225 and 6226.  Section                 
          6229(d) is the partnership-level counterpart to section 6503 in             
          that it provides for the suspension of the running of the period            
          of limitations during the period in which the Government is                 
          prohibited from assessing tax attributable to a partnership item            






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