Rhone Poulenc Surfactants and Specialties, L.P. - Page 55




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          filing its return without extensions is April 15, the period of             
          assessment does not expire until 3 years after April 15.                    
               The only exceptions to this rule are provided by statute for           
          the filing of a false partnership return, a substantial omission            
          of partnership income, no partnership return, or a partnership              
          return prepared by the Secretary under section 6020(b)(2).  See             
          sec. 6229(c)(1)-(4).  In addition a partner may extend the                  
          section 6229(a) statute of limitations for himself, or the tax              
          matters partner may, with the agreement of the Secretary, extend            
          the statutory limitations period for all partners.  See sec.                
          6229(b)(1).  Therefore, the section 6229(a) period of limitations           
          is not extended by a partner's later expiring section 6501                  
          limitation period.                                                          
               In holding that section 6229 provides nothing more than a              
          "minimum period" of limitations as an alternative to the section            
          6501 limitations period, the majority abandons our own precedent            
          that section 6229(a) establishes the limitations period for                 
          assessment of partnership items.  See Wind Tech. Associates, III            
          v. Commissioner, 94 T.C. 787, 788 (1990) ("Section 6229(a)                  
          provides generally for a 3-year period of limitations for the               
          assessment of tax attributable to partnership items.  * * *  The            
          running of the limitations period is suspended when an FPAA for             
          the taxable year is mailed to the tax matters partner." (citation           
          omitted.)); Barbados #7 Ltd. v. Commissioner, 92 T.C. 804, 808              






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