Rhone Poulenc Surfactants and Specialties, L.P. - Page 57




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          respect to the period described in subsection (a) only if the               
          agreement expressly provides that such agreement applies to tax             
          attributable to partnership items.                                          
               Therefore, normal extensions of a partner's personal                   
          limitations period pursuant to section 6501(c)(4) are not                   
          applicable to extend the period of limitations with respect to              
          partnership items unless the agreement expressly so provides.               
               This is because Congress intended TEFRA to provide uniform             
          treatment of partnership items to all the partners.  It is clear            
          that for this result to obtain, sections 6229 and 6501, while               
          parallel in their provisions, must be independent.4  Thus,                  


               3(...continued)                                                        
               section for the assessment of any tax imposed by this                  
               title, * * * , both the Secretary and the taxpayer have                
               consented in writing to its assessment after such time,                
               the tax may be assessed at any time prior to the                       
               expiration of the period agreed upon.  * * *                           
               Sec. 6501(c)(4) provides only for the extension of the sec.            
          6501 limitations period.  Therefore, if sec. 6501 were the                  
          controlling statute of limitations for assessments attributable             
          to partnership items, a normal sec. 6501(c)(4) agreement would              
          extend the sec. 6229(a) period for assessment of partnership                
          items, which would make sec. 6229(b)(2) superfluous.                        
               4Furthermore, although it is not an issue in the instant               
          case, respondent asserts that if petitioner's view is accepted, a           
          non-filing partner would escape taxation on a properly reported             
          partnership item.  Majority op. p. 29.  However, there is no                
          limitation on assessing against a non-filer.  See sec.                      
          6501(c)(3).  Therefore, a non-filing partner would gain no                  
          immunity on a partnership item by way of section 6229, because if           
          the item was properly reported by the partnership there would be            
          no partnership-level issue and section 6229 would never come into           
          play.                                                                       
                                                              (continued...)          





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