- 19 - which is “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”. Sec. 6229(a). Accordingly, respondent’s position is inconsistent with the statute because respondent confuses what is required to be in the agreement extending the period of limitations with the period extended. D. Respondent’s Position Is Inconsistent With Prior Caselaw, Secondary Authority, and Respondent’s Own Pronouncements Our conclusion that section 6229(b)(3) applies to affected items is further solidified by our Court-reviewed Opinion in Rhone-Poulenc Surfactants & Specialties, L.P. v. Commissioner, 114 T.C. 533 (2000). We provided a detailed explanation of the scope of section 6229(b)(3) and its coordination with section 6501(c)(4). We stated that those sections were “intended to allow taxpayers and the Commissioner to extend the period of limitations for assessments of tax attributable to partnership items only where the extension agreement expressly provides that it applies to tax attributable to partnership items.” Id. at 555. We further quoted a treatise regarding the scope of the rule in section 6229(b)(3): “‘A standard extension of the limitations period under section 6501(c)(4) (Treasury Form 872) with respect to nonpartnership items does not apply toPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011