River City Ranches #1 Ltd., Leon Shepard, Tax Matters Partner - Page 102

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          B.   Discussion of Applicable Law                                            
               The TMP is the central figure of partnership proceedings and            
          his status is of critical importance to the proper functioning of            
          the partnership audit and litigation procedures of secs. 6221-               
          6233.  Phillips v. Commissioner, 114 T.C. at 120-121; Computer               
          Programs Lambda, Ltd. v. Commissioner, 89 T.C. 198, 205 (1987).              
               Generally, there is a 3-year period of limitations on the               
          assessment of a tax attributable to any partnership item.  Sec.              
          6229(a).  And, generally, the issuance of an FPAA will suspend               
          the period of limitations, e.g., sec. 6229(d).  The TMP (or any              
          other person authorized by the partnership in writing to enter               
          into such an agreement), however, may extend the period of                   
          limitations on assessment with respect to all partners in a                  
          partnership by entering into an extension agreement with the IRS             
          before the expiration of the limitation period.  Sec.                        
          6229(b)(1)(B).18                                                             
               A TMP is generally designated at the time the partnership               
          return is filed.  See sec. 301.6231(a)(7)-1T(c), Temporary                   
          Proced. & Admin. Regs, 52 Fed. Reg. 6791 (Mar. 5, 1987).19  The              

               18  The period of limitations for a specific partner may                
          also be extended by an agreement between the IRS and that                    
          partner.  See sec. 6229(b)(1)(A).                                            
               19  Temporary regulations under sec. 6231 concerning the                
          designation, selection and termination of a TMP were issued in               
          1984 and 1987, and generally applied to all partnership taxable              
          years beginning after Sept. 3, 1982.  Virtually identical                    
          provisions are made by the final regulation sec. 301.6231(a)(7)-             
                                                              (continued...)           




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