- 87 - 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...)Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 Next
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