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In drafting section 6229, Congress did not create a completely
separate statute of limitations for assessments attributable to
partnership items. See AD Global Fund, LLC v. United States, 481
F.2d 1351 (Fed. Cir. 2007); Rhone-Poulenc Surfactants &
Specialties, L.P. v. Commissioner, supra at 545. Instead,
section 6229 merely supplements section 6501.
In Rhone-Poulenc Surfactants & Specialties, L.P. v.
Commissioner, supra at 539, the Court analyzed sections 6229 and
6501 as applicable to an FPAA. The Court stated in pertinent
part:
The Internal Revenue Code prescribes no period
during which TEFRA partnership-level proceedings, which
begin with the mailing of the notice of final
partnership administrative adjustment, must be
commenced. However, if partnership-level proceedings
are commenced after the time for assessing tax against
the partners has expired, the proceedings will be of no
avail because the expiration of the period for
assessing tax against the partners, if properly raised,
will bar any assessments attributable to partnership
items. [Id. at 534-535.]
* * * * * * *
* * * Any income tax attributable to partnership
items is assessed at the partner level. Thus, any
statute of limitations provisions that limit the time
period within which assessment can be made are
restrictions on the assessment of a partner’s tax.
[Id. at 539.]
See AD Global Fund, LLC v. United States, 481 F.2d 1351 (Fed.
Cir. 2007); G-5 Inv. Pship. v. Commissioner, 128 T.C. ___
(May 30, 2007).
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