- 50 - D. Other Technical Considerations The majority reads the reference to “the period described in subsection (a)” in paragraph (3) of section 6229(b) as a reference to the later-to-end period. Paragraph (1)(B) of that same section contains the identical language: “The period described in subsection (a) * * * may be extended * * * (B) with respect to all partners, by an agreement entered into by the Secretary and the tax matters partner * * *, before the expiration of such period.” (Emphasis added.) Because of the interplay between sections 6229(b) and 6227(b);5 it does not make sense to read section 6229(b)(1)(B) as referring to the later-to- end period. Section 6227(a)(1) generally provides a 3-year period of limitations on the filing of administrative adjustment requests (partnership refund claims). If a section 6229(b) 4(...continued) deficiency contemplated in sec. 6212(a). Without such authority (which, here, respondent apparently does have), the sending of the notice of deficiency might not be effective under sec. 6503(a)(1) to suspend the sec. 6501 period. That may be an appropriate result, however, since no partner-level determination is required. 5Sec. 6227(b) provides: SEC. 6227(b). Special rule in case of extension of period of limitations under section 6229. The period prescribed by subsection(a)(1) for filing of a request for an administrative adjustment shall be extended-- (1) for the period within which an assessment may be made pursuant to an agreement (or any extension thereof) under section 6229(b), and (2) for 6 months thereafter.Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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