Andantech L.L.C., Wells Fargo Equipment Finance, Inc. (f.k.a. Norwest Equipment Finance, Inc.), Tax Matters Partner, and Wells Fargo & Co., A Partner Other Than the Tax Matters Partner, et al. - Page 71




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          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 appellate             





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