Leatherstocking 1983 Partnership, Sam I. Brown, A Partner Other Than The Tax Matters Partner - Page 15

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          general partner designated by the partnership to handle tax                 
          matters or, if no general partner is so designated, the general             
          partner with the largest profits interest in the partnership at             
          the close of the taxable year.  See sec. 6231(a)(7); Transpac               
          Drilling Venture 1982-12 v. Commissioner, 147 F.3d at 223 n.1.              
          Where the partnership has not designated its tax matters partner            
          and the Commissioner determines that it is impracticable to                 
          determine which general partner has the largest profits interest,           
          the tax matters partner is that general or limited partner                  
          selected by the Commissioner.  See sec. 6231(a)(7); sec.                    
          301.6231(a)(7)-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg.           
          6791 (Mar. 5, 1987); see also Transpac Drilling Venture 1982-12             
          v. Commissioner, supra at 223 n.1.                                          
               Petitioner argues that respondent may not assess Federal               
          income tax as to either subject year because the 3-year periods             
          of limitation under section 6229(a) have expired as to those                
          years.  Generally, the Commissioner must assess Federal income              
          tax as to a partnership item (or affected item) within 3 years              
          after the later of (1) the date on which the partnership files              
          its partnership return for the taxable year of assessment or (2)            
          the last date for filing that return (without extension).  See              
          Madison Recycling Associates v. Commissioner, 295 F.3d. 280, 286            









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