- 52 - was a “financing arrangement” and consequently Andantech’s income should be increased by $34,482,268 for rent payable in 1994. On September 21, 1998, NEFI and Norwest timely filed a petition for Andantech’s 1994 taxable year (docket No. 15532-98). OPINION I. Procedural Issues At the outset, we deal with two procedural matters. First, we determine whether for purposes of this litigation the statute of limitations period under section 6501(a) expired with respect to the 12/10/93 short period and/or the 12/31/93 short period. Second, we determine whether the FPAAs for the 12/10/93 short period and/or the 12/31/93 short period are valid. First, we turn to the period of limitations matter. Petitioners acknowledge that the period for assessing a deficiency in tax under section 6501(a) remains open for RD Leasing and EICI. They assert, however, that section 6501(a) is inapplicable to partnership items and affected items. They maintain that the period for assessing a deficiency related to partnership items and affected items is controlled by section 6229(a), and that the periods within which respondent could issue an FPAA with respect to Andantech’s 12/10/93 short period and its 12/31/93 short period had expired under section 6229(a) before the mailing of those FPAAs. Petitioners’ position is contrary to our holding in Rhone- Poulenc Surfactants & Specialties, L.P. v. Commissioner, 114 T.C. 533 (2000), interlocutory appeal dismissed (for lack of appellatePage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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