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PARR, J., dissenting: I agree with Judge Foley's dissenting
opinion and write separately only to note that in addition to
misinterpreting the plain meaning of the words in the statute at
issue, the majority today reverses the position maintained by
this Court for more than a decade and disregards the policy
concerns that served as the impetus for the TEFRA partnership
provisions.
Although the language of the statute leaves little doubt,
the answer to any question of whether section 6229(a) provides
the period of limitations for assessment with respect to
partnership items for any taxable year is made clear by the
legislative history of TEFRA. The House conference report
provides:
The period of assessment with respect to
partnership items (or affected items) for any
partnership taxable year shall not expire before 3
years from the date of filing the partnership return
or, if later, the last date prescribed for filing such
return determined without extensions. [H. Conf. Rep.
97-760, at 606 (1982), 1982-2 C.B. 600, 665.]
Accordingly, it is clear that the "minimum period" provided
by section 6229(a) is no more than the time that is the later of
3 years from the date that the partnership return was filed or
the latest date prescribed for filing the partnership return
without extensions. For instance, if a calendar year partnership
filed its return on February 15, and the last date prescribed for
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