Rhone Poulenc Surfactants and Specialties, L.P. - Page 48




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          limitations prescribed by section 6501 for the assessment and               
          collection of any tax (the section 6501 period), it is specific             
          to each partner.  Each partner is entitled to participate in the            
          partnership proceeding for the purpose of asserting a period of             
          limitations defense.  See sec. 6226(d)(1).  If the majority is              
          correct that an FPAA issued to the tax matters partner can                  
          suspend each partner’s section 6501 period (with respect to                 
          partnership items and affected items), then each partner who                
          believes that her section 6501 period had expired prior to the              
          issuance of the FPAA will be required to defend against the FPAA.           
          Indeed, unless all of the partners successfully raise a period of           
          limitations defense against the FPAA, I assume that respondent              
          would be entitled to continue the partnership action on the                 
          theory that there is at least one partner whose section 6501                
          period is still open.                                                       
               The majority has painted itself into a corner by refusing to           
          reconsider Maxwell v. Commissioner, supra.  See GAF Corp. & Subs.           
          v. Commissioner, 114 T.C. __ (2000).  The majority does not agree           
          that the period specified in subsection (a) is the 3-year minimum           
          period because an FPAA issued thereafter would be ineffective to            
          suspend any partner’s unexpired section 6501 period.  Of course,            
          I agree with the majority that it is unlikely that Congress                 
          intended to create a preassessment procedure for partners to                
          contest partnership determinations that could be manipulated to             






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