Curr-Spec Partners, LP, Curr-Spec Managers, LLC, Tax Matters Partner - Page 7




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          similar situation and held that a 1999 FPAA was timely even                 
          though the assessment period for that year had expired.  See                
          Kligfeld Holdings v. Commissioner, 128 T.C. 192 (2007); see also            
          G-5 Inv. Pship. v. Commissioner, 128 T.C. 186 (2007).  Petitioner           
          does not dispute that the FPAA was issued within 3 years of the             
          time the partners filed their respective 2000 and 2001 tax                  
          returns.  Accordingly, under the holding of Kligfeld Holdings and           
          similar cases, the assessment period has not expired and remains            
          suspended.                                                                  
               We note, however, that none of the above-cited cases was               
          appealable to the Court of Appeals for the Fifth Circuit.3  Under           
          the Golsen rule, we follow the law of the Court of Appeals to               
          which a case is appealable.  Golsen v. Commissioner, 54 T.C. 742,           
          757 (1970), affd. 445 F.2d 985 (10th Cir. 1971).  We therefore              
          consider whether we must reach a contrary result under Fifth                
          Circuit law.                                                                
               In Weiner v. United States, 389 F.3d 152 (5th Cir. 2004),              
          the taxpayers appealed from decisions entered against them in               
          refund suits.  The taxpayers earlier had been parties to                    
          partnership-level proceedings in the Tax Court.  Pursuant to                
          settlements of their claims to flow-through deductions from the             
          partnerships involved in those proceedings, the Commissioner                


               3 The parties agree that the instant case is appealable to             
          the Court of Appeals for the Fifth Circuit.                                 





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