Robert W. and Vivian Toan - Page 10




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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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