Alan H. Ginsburg and Estate of Harriet F. Ginsburg, Deceased, Alan H. Ginsburg, Personal Representative - Page 15

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               SEC. 6229.  PERIOD OF LIMITATIONS FOR MAKING                           
                    (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                       
          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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Last modified: May 25, 2011