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 72




                                        - 53 -                                          
          jurisdiction) and remanded to the Tax Court for further proceedings           
          on the merits 249 F.3d 175 (3d Cir. 2001).  See also  CC & F W.               
          Operations Ltd. Pship. v. Commissioner, T.C. Memo. 2000-286, affd.            
          273 F.3d 402 (1st Cir. 2001).  In Rhone-Poulenc, we stated that               
          section 6501(a) provides a general period of limitations for                  
          assessing and collecting any tax imposed by the Code.  Section                
          6229(a) sets forth a minimum period for assessing any income tax              
          with respect to any person that is attributable to any partnership            
          item or affected item; this minimum period can be greater than, or            
          less than, the period of limitations in section 6501.  Id. at 540-            
          543.                                                                          
               Section 6501 contains no exception for deficiencies                      
          attributable to partnership items.  In drafting section 6229,                 
          Congress did not create a completely separate statute of                      
          limitations for assessments attributable to partnership items.  Id.           
          at 545.  Section 6229 merely supplements section 6501.  CC & F W.             
          Operations Ltd. Pship. v. Commissioner, supra.                                
               Petitioners concede that under the holding of Rhone-Poulenc              
          Surfactants & Specialties, L.P. v. Commissioner, supra, the                   
          limitations period has not expired.  They, however, request that we           
          reconsider Rhone-Poulenc.  We decline to do so.  We hold,                     
          therefore, that the period of limitations for issuing the FPAAs for           
          both 1993 short periods had not expired at the time the FPAAs were            
          issued.                                                                       
               Second, we rely upon Wind Energy Tech. Associates III v.                 





Page:  Previous  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  Next

Last modified: May 25, 2011