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or affected item. Our interpretation of section 6229(d), as
suspending the running of any open period of limitations
applicable to petitioner on the date the FPAA was issued, is
consistent with the overall statutory scheme of the Code which is
to suspend the running of the applicable period of limitations
for making assessments during the time when taxpayers are
permitted to contest the Government’s determination and during
which time the Government is statutorily prohibited from making
an assessment. Were we to interpret section 6229(d) as only
suspending the minimum period, i.e., 3 years from the later of
the due date or filing date of the partnership return, the
issuance of an FPAA would not suspend the running of the
applicable period of limitations under section 6501. This would
result in the running and expiration of the applicable period of
limitations during the course of proceedings to resolve the
underlying dispute. We think it highly unlikely that Congress
intended to create a preassessment procedure for partners to
contest partnership determinations, during which the Government
is prohibited from making related assessments, while at the same
time allowing the applicable period of limitations to expire
during the time those preassessment procedures are being
utilized.
Our conclusion that the reference in section 6229(d), to the
“period specified in subsection (a)”, refers to the “period for
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