Rhone Poulenc Surfactants and Specialties, L.P. - Page 47




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          latter expires sooner.  The language of the statute (section                
          6229(d)), thus, plainly, refers to the 3-year minimum period.               
               C.  Notice of Deficiency Required To Suspend the Section               
          6501 Period                                                                 
               I do not believe that, in adding the TEFRA partnership                 
          provisions,2  Congress changed the general rule that, in order to           
          suspend the section 6501 period particular to any partner,                  
          respondent must mail to that partner a notice of deficiency.  See           
          sec. 6503(a)(1).                                                            
               The 3-year minimum period is a minimum period common to all            
          of the partners.  Partner-specific factors are irrelevant to a              
          defense based on the expiration of the 3-year minimum period.               
          Expiration of the 3-year minimum period is determined solely with           
          reference to the filing of the partnership return.  Any partner             
          can defend for all the partners on the basis that the 3-year                
          minimum period has expired.  In other words, if a defense based             
          on the expiration of the 3-year minimum period is raised in a               
          partnership proceeding, any disposition of that defense is                  
          conclusive for all of the parties to the proceeding.                        
               The same cannot be said with respect to the later-to-end               
          period.  When the later-to-end period is the period of                      



               2Sec. 402(a) of the Tax Equity and Fiscal Responsibility Act           
          of 1982 (TEFRA), Pub. L. 97-248, 96 Stat. 324, 648, added                   
          subchapter C to chapter 63, subtitle F of the Internal Revenue              
          Code (the TEFRA partnership provisions).  The TEFRA partnership             
          provisions now comprise secs. 6221 through 6234.                            





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