Rhone Poulenc Surfactants and Specialties, L.P. - Page 51




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          agreement (which, by virtue of section 6227(b), operates to                 
          extend the period for making partnership refund claims) may be              
          entered into at any time within the later-to-end period, and if             
          that period is 6 years, for example, it will be possible for such           
          section 6229(b) agreement to "extend" the 3-year limitations                
          period on partnership refund claims even after that period has              
          expired.  That possibility exists because section 6227(b), unlike           
          section 6511(c)(1) (which similarly extends the section 6511(a)             
          3-year limitations period on refund claims in general), is not              
          specifically limited in its application to circumstances in which           
          the agreement to extend the period for assessments was entered              
          into during the basic 3-year limitations period on filing refund            
          claims.  That apparent difference (which also makes no sense)               
          between sections 6227(b) and 6511(c)(1) disappears, however, if             
          we interpret the reference in section 6229(b)(1) to "[t]he period           
          described in subsection (a)" as a reference to the 3-year minimum           
          period.                                                                     
               The majority’s concern that respondent could be caught off             
          guard if most, but not all, of the partners agree to extend the             
          statute of limitations during the 3-year minimum period (under              
          section 6229(b)(1)(A), I assume), is easily remedied if                     
          respondent insists on an extension binding on all partners under            
          section 6229(b)(1)(B).  If no such extension is forthcoming,                








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