Alan H. Ginsburg and Estate of Harriet F. Ginsburg, Deceased, Alan H. Ginsburg, Personal Representative - Page 16

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          Specialties, L.P. v. Commissioner, 114 T.C. 533, 537 (2000),                
          appeal dismissed and remanded 249 F.3d 175 (3d Cir. 2001):                  
                    Section 6501(a) provides a general period of                      
               limitations for assessing and collecting any tax                       
               imposed by the Code.  Section 6501(a) defines the                      
               period in relation to the filing of the return of the                  
               person liable for tax; in this case petitioner rather                  
               than the partnership.  Section 6229(a) sets forth a                    
               minimum period for assessing any income tax with                       
               respect to any person that is attributable to any                      
               partnership item or affected item.  This minimum period                
               is defined in relation to the filing of the partnership                
               return.  This minimum period can be greater than, or                   
               less than, the period of limitations in section 6501.                  
          Respondent’s reliance on Rhone-Poulenc is misplaced.  In                    
          Rhone-Poulenc, at the time the FPAA was issued, the period for              
          assessing taxes under section 6501 was still open under section             
          6501(e) (6-year period in cases involving substantial omissions             
          of gross income).5  Respondent did not issue an FPAA to UK Lotto            
          for the 1995 taxable year.  Instead, respondent accepted the 1995           
          partnership tax return with no changes.  The period for assessing           
          any partnership item relating to UK Lotto expired on December 31,           
          2003, the ending date of the last Form 872-P executed between the           
          tax matters partner for UK Lotto and respondent.  The period for            
          assessing taxes due from petitioners is open, if at all, solely             

               5Both the Court of Federal Claims and the U.S. Court of                
          Appeals for the District of Columbia Circuit have agreed with the           
          Court’s analysis in Rhone-Poulenc Surfactants & Specialties, L.P.           
          v. Commissioner, 114 T.C. 533, 537 (2000), appeal dismissed and             
          remanded 249 F.3d 175 (3d Cir. 2001). See Andantech L.L.C. v.               
          Commissioner, 331 F.3d 972 (D.C. Cir. 2003), affg. in part and              
          remanding T.C. Memo. 2002-97; Schumacher Trading Partners II v.             
          United States,     Fed. Cl.     (July 31, 2006).                            




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