- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007