Rhone Poulenc Surfactants and Specialties, L.P. - Page 39




                                        - 39 -                                        
          year period of limitations begins to run when those delinquent              
          returns are filed.  See Badaracco v. Commissioner, 464 U.S. 386,            
          401 (1984).  If the issuance of the FPAA and the commencement of            
          the partnership action do not suspend the running of the normal             
          section 6501(a) 3-year period of limitations for the partners who           
          failed to timely file, and the decision of the Court does not               
          become final within 3 years of the date they filed delinquent               
          returns, the statute of limitations will bar assessment against             
          the partners who failed to timely file individual returns, while            
          the period of limitations will remain open for partners who filed           
          timely returns.  Again, it is highly improbable that Congress               
          could have intended such a result.33                                        


               33In Fehlhaber v. Commissioner, 94 T.C. 863, 870 (1990), we            
          used a similar analysis in interpreting sec. 6501 stating:                  
                    As we see it, the rationale of the Court of                       
               Appeals could lead to unintended and adverse                           
               consequences for taxpayers and the Internal Revenue                    
               Service.  For example, if the information return rather                
               than the shareholder’s return starts the running of the                
               statutory period for assessment, then the time would                   
               expire 3 years after the filing of the information                     
               return even if the shareholder did not file a return.                  
               While section 6501(c)(3) extends the assessment period                 
               indefinitely as to taxpayers who fail to file returns,                 
               the effect of the Ninth Circuit’s decision would be to                 
               engraft an exception for taxpayers who are shareholders                
               of S corporations.  Those taxpayers would have a 3-year                
               period with respect to flow-through items--a result                    
               clearly incorrect as a matter of law, policy, and                      
               judicial prerogative.  Cf. Badaracco v. Commissioner,                  
               464 U.S. at 401. * * *                                                 
          See also Badaracco v. Commissioner, 464 U.S. 386, 395-396 (1984),           
                                                              (continued...)          





Page:  Previous  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  Next

Last modified: May 25, 2011