Rhone Poulenc Surfactants and Specialties, L.P. - Page 50




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               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.                                      





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