- 8 - the individual partner level. Id. at 745. The Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1238, 111 Stat. 1026, amended sections 6221, 6226, and 6230 to provide that the partnership- level proceeding is now to include the determination of the applicability of any penalty or addition to tax relating to an adjustment to a partnership item for partnership tax years ending after August 5, 1997. Statute of Limitations The notice of deficiency relating to the affected items here was timely issued. Section 6229(d) provides that the mailing of an FPAA suspends the running of the 3-year limitations period for assessing a partnership item or affected item for the period during which an action may be brought for judicial review of an FPAA (and, if an action is brought, until the decision of the court has become final) and for 1 year thereafter. A petition for review of the Arid Land FPAA3 was filed, and the decision was entered by this Court on June 4, 1999. Under section 6229(d)(2), the running of the 3-year period of limitations for assessing a deficiency attributable to a 1983 Arid Land partnership item or affected item was suspended for 1 3Petitioner testified that he never received a copy of the FPAA. Respondent introduced evidence that a copy was sent by certified mail to petitioners' last known address. The validity of a properly mailed FPAA is not contingent on receipt by a "notice" partner. Sec. 6223(a); Crowell v. Commissioner, 102 T.C. 683, 692 (1994).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011