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SEC. 6229. PERIOD OF LIMITATIONS FOR MAKING
ASSESSMENTS.
(a) General Rule.--Except as otherwise provided
in this section, the period for assessing any tax
imposed by subtitle A with respect to any person which
is attributable to any partnership item (or affected
item) for a partnership taxable year shall not expire
before the date which is 3 years after the later of–-
(1) the date on which the partnership
return for such taxable year was filed, or
(2) the last day for filing such return
for such year (determined without regard to
extensions).
Section 6229(b) allows the parties to extend the period for
assessment by agreement. However, section 6229(b)(3) provides an
important precondition to extending the period:
(3) Coordination with section
6501(c)(4).--Any agreement under section
6501(c)(4) shall apply with respect to the
period described in subsection (a) only if
the agreement expressly provides that such
agreement applies to tax attributable to
partnership items.
Although “partnership items” were not referenced in the
consents petitioners executed, respondent argues that section
6229 does not apply to this situation because the period of
limitations under section 6501 is still open. Respondent asserts
that section 6229 merely extends the general period of
limitations provided by section 6501, and that when the period
under section 6501 is still open, reliance on section 6229 is
unnecessary. In support of his assertion, respondent quotes the
following passage from our Opinion in Rhone-Poulenc Surfactants &
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