Rhone Poulenc Surfactants and Specialties, L.P. - Page 54




                                        - 54 -                                        


               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           






Page:  Previous  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  Next

Last modified: May 25, 2011