Rhone Poulenc Surfactants and Specialties, L.P. - Page 40




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               Our conclusion that the period of limitations referred to in           
          section 6229(d) is the period of limitations that remains open              
          when the FPAA is issued, rather than just the minimum period, is            
          also consistent with the language of the conference committee               
          report for TEFRA, which states:                                             
                    The period for assessment is suspended upon                       
               mailing of a notice of FPAA until the expiration of the                
               period during which a petition for judicial review may                 
               be filed by any partner (or, if an action is brought                   
               during such period, until the decision of the court has                
               become final) and for one year thereafter. [H. Conf.                   
               Rept. 97-760, supra at 606, 1982-2 C.B. at 665-666;                    
               emphasis added.]                                                       
               Based on all the foregoing considerations, we believe that             
          our interpretation of section 6229(d) is the more reasonable one;           
          especially in light of the previously mentioned admonition of the           
          Supreme Court that statutes of limitations are to be strictly               
          construed in favor of the Government.34                                     


               33(...continued)                                                       
          where in interpreting the statute of limitations in sec. 6501,              
          the Court stated:                                                           
               We agree with the conclusion of the Court of Appeals in                
               the instant cases that Congress could not have intended                
               to “create a situation in which persons who committed                  
               willful, deliberate fraud would be in a better                         
               position” than those who understated their income                      
               inadvertently and without fraud. * * *                                 

               34Recently, the Supreme Court again had occasion to comment            
          on its approach to construing statutes of limitations when it               
          stated:                                                                     
                    Even if it could credibly be argued that �6501(a)                 
                                                              (continued...)          





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