Peter D. Adkison - Page 10




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          either in a deficiency proceeding or in a refund suit.  Section             
          6230(a)(3) and 6230(c)(5) is effective as if included in TEFRA as           
          originally enacted.  See Taxpayer Relief Act of 1997, sec.                  
          1237(d), 111 Stat. 1026.                                                    
               Section 6230(a)(3)(A) provides in part:                                
                    SEC. 6230(a).  Coordination With Deficiency                       
               Proceedings.--                                                         
                           *    *    *    *    *    *    *                            
                         (3) Special rule in case of assertion by                     
                    partner’s spouse of innocent spouse relief.--                     
                              (A) Notwithstanding section 6404(b), if                 
                         the spouse of a partner asserts that section                 
                         6013(e) applies with respect to a liability                  
                         that is attributable to any adjustment to a                  
                         partnership item * * * then such spouse may                  
                         file with the Secretary within 60 days after                 
                         the notice of computational adjustment is                    
                         mailed to the spouse a request for abatement                 
                         of the assessment specified in such notice.                  
                         Upon receipt of such request, the Secretary                  
                         shall abate the assessment.  Any reassessment                
                         of the tax with respect to which an abatement                
                         is made under this subparagraph shall be                     
                         subject to the deficiency procedures                         
                         prescribed by subchapter B.  * * *                           
          To summarize, section 6230(a)(3)(A) provides that, after the                
          Commissioner has issued to the spouse of a partner a notice of              
          computational adjustment following the completion of a                      
          partnership-level proceeding, the Commissioner, upon the request            
          of the spouse, must abate the underlying assessment to permit the           
          spouse to assert a claim for relief from joint and several                  
          liability pursuant to the deficiency procedures of subchapter B.            







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Last modified: November 10, 2007