Rhone Poulenc Surfactants and Specialties, L.P. - Page 58




                                        - 58 -                                        
          treatment of one partner separate from the others requires a                
          special agreement by that partner.                                          
               As the majority states, the intent of TEFRA is to provide a            
          unified proceeding that will result in consistent treatment of              
          partnership items to all partners:                                          



               4(...continued)                                                        
               The separateness of a proceeding with respect to a partner             
          and a proceeding with respect to a partnership is evident from              
          the legislative history which provides:                                     
                    A judicial determination of a partner's income tax                
               liability not resulting from a partnership proceeding                  
               will not bar any adjustment to such liability                          
               attributable to the treatment of partnership items                     
               pursuant to a proceeding under these rules.  [H. Conf.                 
               Rept. 97-760, at 610 (1982), 1982-2 C.B. 600, 668.]                    
          See also sec. 6222(c) (if the partner fails to notify the                   
          Secretary of its inconsistent treatment of a partnership item,              
          the Secretary may make a computational adjustment to conform the            
          partnership item to the partnership return and may assess                   
          immediately the tax deficiency arising from the adjustment); sec.           
          301.6222(a)-1T(c), Example (1), Temporary Income Tax Regs., 52              
          Fed. Reg. 6779 (Mar. 5, 1987) (if the partnership reports income            
          in one calendar year, the partners are required to report income            
          in that calendar year).                                                     
               However, if the partnership did not file a return, i.e., the           
          partnership is a non-filer, sec. 6229(c)(3) provides that any tax           
          attributable to a partnership item may be assessed at any time.             
          Again, note that the secs. 6501 and 6229 provide similar                    
          remedies, but they do so separately.                                        
               Implicit in sec. 6229(c) is that the sec. 6229 limitation              
          period controls the partner-level limitations period with respect           
          to partnership items.  That is, if the partnership-level                    
          limitations period has not expired, then even if the partner-               
          level limitations period has run, the Commissioner may assess the           
          tax that is attributable to any partnership item.                           







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