- 56 -
(1989) ("Section 6229(a) provides for a 3-year limitation period
for the assessment of tax attributable to a partnership item.").
Furthermore, in Roberts v. Commissioner, 94 T.C. 853, 857
(1990), the section 6229(a)limitations period had expired when
the FPAA's were issued, and we found that:
Consequently, the tax treatment of all partnership
items with respect to these partnerships is final in
accordance with the tax returns filed by these
partnerships. Clearly, there can be no partnership
proceedings to adjust or modify the partnership items
as reported * * * .[1]
Sections 6229 and 6501 provide parallel but independent
statutes of limitation. Section 6229(b)(2),2 which is the only
subsection of section 6229 that refers to section 6501, provides
that any agreement under section 6501(c)(4)3 shall apply with
1See also 1 McKee et al., Federal Taxn. of Partnerships &
Partners, par. 9.07[6], at 9-204 n.1027 (3d ed. 1997) (once the
limitations period has run, the tax treatment of all partnership
items is final in accordance with the returns filed by the
partnership).
Deficiency proceedings do apply, however, to the assessment
of affected items which require partnership level determinations
and to the assessment of partnership items that have become
nonpartnership items. See sec. 6230(a)(2)(A); Roberts v.
Commissioner, 94 T.C. 853, 859, 861 (1990).
2The Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.
1233(c), 111 Stat. 1023-1024, amended sec. 6229(b) by
redesignating par. (2) as par. (3) and by inserting after
paragraph (1) a new par. (2), effective for agreements entered
into after Aug. 5, 1997.
3Sec. 6501(c)(4), titled Extension By Agreement, provides:
Where, before expiration of the time prescribed in this
(continued...)
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