Bakersfield Energy Partners, LP, Robert Shore, Steven Fisher Gregory Miles and Scott McMillan, Partners Other Than Tax Matters Partner - Page 8



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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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