Robert James Jaffe - Page 12

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          against him.  He claims that respondent was required to assess              
          any tax within 1 year from the time Asher signed the closing                
          agreement on July 9, 1997.  Ordinarily, we would not address a              
          new issue raised on brief.  However, we will briefly address it             
          here because petitioner is a pro se taxpayer and because there is           
          no merit to the position.                                                   
               Section 6229(f)(1) provides that, with respect to items                
          becoming nonpartnership items, “the period for assessing any tax            
          imposed by subtitle A which is attributable to such items (or any           
          items affected by such items) shall not expire before the date              
          which is 1 year after the date on which the items become                    
          nonpartnership items”.  The partnership items of a partner become           
          nonpartnership items when “the Secretary * * * enters into a                
          settlement agreement with the partner with respect to such                  
          items”.  Sec. 6231(b)(1)(C).  A settlement agreement is not                 
          entered into until both the partner and the Secretary have signed           
          it.  Therefore, the period of limitations began to run on the               
          date respondent countersigned Asher’s closing agreement, December           
          10, 1998, and the assessment, which was made on November 1, 1999,           
          is valid.                                                                   
          IV.  Was There An Abuse of Discretion?                                      
               We now examine the events of each relevant period in                   
          petitioner’s case, which are described in the table below.                  








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