Curr-Spec Partners, LP, Curr-Spec Managers, LLC, Tax Matters Partner - Page 5




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          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994).  The moving party bears the burden             
          of proving that there is no genuine issue of material fact, and             
          factual inferences will be read in a manner most favorable to the           
          party opposing summary judgment.  Dahlstrom v. Commissioner, 85             
          T.C. 812, 821 (1985).                                                       
               The instant case is a partnership-level proceeding subject             
          to the unified audit and litigation procedures of the Tax Equity            
          and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-248,              
          sec. 401, 96 Stat. 648.  The Internal Revenue Code prescribes no            
          period during which TEFRA partnership-level proceedings, which              
          begin with the mailing of an FPAA, must be commenced.  Rhone-               
          Poulenc Surfactants & Specialties, L.P. v. Commissioner, 114 T.C.           
          533, 534 (2000).  If partnership-level proceedings are commenced            
          after the time for assessing tax against the partners has                   
          expired, however, the proceedings will be of no avail because the           
          expiration of the period for assessing tax against the partners             
          will bar any assessments attributable to the partnership items.             
          Id. at 534-535.                                                             
               In general, section 6501(a) provides that the amount of any            
          tax imposed shall be assessed within 3 years after the return was           
          filed.  The term “return” means the return required to be filed             
          by the taxpayer (and does not include a return of any person from           
          whom the taxpayer has received an item of income, gain, loss,               







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