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following the mailing to the tax matters partner of an FPAA
during the period under section 6226 for partners to challenge
the adjustment (150 days), and for 1 year thereafter. Sec.
6229(d). Thus, section 6229(d) extends “the time for respondent
to issue the notice of deficiency until 1 year and 150 days after
the issuance of the FPAA.” Overstreet v. Commissioner, T.C.
Memo. 2001-13.
The “affected items” notice of deficiency was mailed to
petitioners on December 17, 1999--within 1 year and 150 days
after the issuance of the FPAA on August 10, 1998. Therefore, if
section 6229(d) applies to the items set forth in the notice of
deficiency mailed to petitioners, an assessment thereon would not
be barred by the statute of limitations.
Section 6229(d) applies to the case at hand because Mr.
Blonien was determined to be a partner in Finley Kumble at the
partnership level. We have no jurisdiction in this partner-level
proceeding to consider petitioners’ argument that the
partnership-level determination was wrong. We are bound by the
determination made at the partnership level that Mr. Blonien was
a partner in Finley Kumble for Federal income tax purposes.
Therefore, respondent is not barred from assessing petitioners a
deficiency arising from Mr. Blonien’s share of Finley Kumble’s
items.
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