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(g) Period of Limitations for Penalties.--The
provisions of this section shall apply also in the case
of any addition to tax or an additional amount imposed
under subchapter A of chapter 68 which arises with
respect to any tax imposed under subtitle A in the same
manner as if such addition or additional amount were a
tax imposed by subtitle A.
Given the fact that subchapter A of chapter 68 of the Code
includes section 6659 and that the additions to tax at issue
arise with respect to petitioners' income tax liability imposed
under subtitle A of the Code, we conclude that the period of
limitation for assessing the section 6659 additions to tax in
question is governed by section 6229. See sec. 6229(g).
The 1979 notice, 1980 notice, and 1981 notice were issued
within the 3-year period of limitation set forth in section
6229(a). Respondent timely issued an FPAA to Catamount’s TMP
within that 3-year period, and the TMP’s petition to this Court
with respect to that FPAA suspended the applicable limitation
period for assessing any tax attributable to a partnership item,
or affected item, relating to Catamount for the pendency of that
proceeding plus 1 year thereafter. See sec. 6229(d). Because
our decision in that proceeding became final on June 2, 1994,
respondent had at least until June 2, 1995, to issue to
petitioners the subject notices of deficiency. Respondent issued
those notices on May 31, 1995, or, in other words, at least 3
days before the applicable period of limitation would have
expired.
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Last modified: May 25, 2011