- 16 - 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).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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