Rhone Poulenc Surfactants and Specialties, L.P. - Page 52




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          respondent can issue an FPAA and suspend the 3-year minimum                 
          period pursuant to section 6229(d).                                         
               E.   Policy Considerations                                             
               My interpretation of Congress’ intent based on the plain               
          language of section 6229(d) is consistent with what I believe               
          Congress intended to accomplish in enacting the TEFRA partnership           
          provisions.  In Chef’s Choice Produce, Ltd. v. Commissioner, 95             
          T.C. 388, 393 (1990), we described Congress’ intent as follows:             
                    In enacting the partnership audit and litigation                  
               procedures, Congress contemplated the use of a unified                 
               proceeding in which all items of partnership income,                   
               loss, deduction, or credit that affect each partner’s                  
               tax liability would be uniformly adjusted at the                       
               partnership level.  * * *                                              
          We reached the following conclusion:  “In the litigation context,           
          Congress adopted the so-called ‘entity theory’ of partnership               
          jurisprudence.”  Id. (quoting Tempest Associates, Ltd. v.                   
          Commissioner, 94 T.C. 794, 802 (1990)).                                     
               My reading of the period specified in subsection (a) as the            
          3-year minimum period is consistent with the application of an              
          entity theory to the litigation of partnership items.  In my                
          view, policy dictates that the period for issuing an FPAA that              
          can automatically affect all of the partners should be the 3-year           
          minimum period, which is keyed to the partnership return.  Under            
          the majority’s interpretation of the period specified in                    
          subsection (a) as the later-to-end period, the aggregation of               
          partners, each asserting an individual defense to the                       





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