Rhone Poulenc Surfactants and Specialties, L.P. - Page 46




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          III.  Discussion                                                            
               A.  Introduction                                                       
               We must determine what Congress intended by its reference,             
          in section 6229(d), to the period specified in subsection (a).  I           
          believe that both technical and policy considerations lead to the           
          conclusion that it is the 3-year minimum period and not, as the             
          majority holds, the later-to-end period.                                    
               B.  Section 6229(a) and (d)                                            
               In pertinent part, section 6229(a) provides:                           
               [T]he period for assessing any tax imposed by subtitle                 
               A with respect to any person which is attributable to                  
               any partnership item (or affected item) for a                          
               partnership taxable year shall not expire before the                   
               date which is 3 years after the later of--                             
                    (1) the date on which the partnership return for                  
                    such taxable year was filed, or                                   
                    (2) the last day for filing such return for such                  
                    year (determined without regard to extensions).                   
          In pertinent part, section 6229(d) provides that, if an FPAA is             
          mailed to the tax matters partner, the running of the period                
          specified in subsection (a) shall be suspended.  The verb "to               
          specify" means "to state explicitly or in detail".  The American            
          Heritage Dictionary 1730 (3d ed. 1992).  The only period                    
          explicitly set forth in subsection (a) of section 6229 is the               
          3-year minimum period.  Indeed, the sole purpose of section                 
          6229(a) is to "specify" a 3-year minimum period as an alternative           
          to the section 6501 period under circumstances in which the                 








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