Curr-Spec Partners, LP, Curr-Spec Managers, LLC, Tax Matters Partner - Page 8




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          assessed tax and interest against them.  The taxpayers then                 
          commenced the refund suits in District Court, contending that the           
          assessments were barred by the statute of limitations.  Id. at              
          153-154.                                                                    
               The Court of Appeals held that the District Courts lacked              
          jurisdiction to decide the statute of limitations issue because             
          it was a partnership item.  Id. at 157.  Under TEFRA, the                   
          treatment of all partnership items must be determined at the                
          partnership level.  Sec. 6221.  Accordingly, the District Courts            
          could not decide the statute of limitations issue in a partner-             
          level proceeding.  Weiner v. United States, supra at 157.  In               
          reaching its conclusion, the Court of Appeals stated that the               
          Commissioner has “three years from the later of (1) the date a              
          partnership return is due, or (2) the date the partnership return           
          is filed, to issue an FPAA.”  Id. at 154-155 (citing section                
          6229(a)).                                                                   
               On its face, Weiner might suggest that the Court of Appeals            
          for the Fifth Circuit views the assessment period under section             
          6229 as independent of the period provided in section 6501.  The            
          Court of Appeals in Weiner, however, did not mention section 6501           
          or discuss any of the cases which hold that sections 6229 and               
          6501 establish alternative assessment periods.  Furthermore,                
          because the Court of Appeals concluded that the statute of                  
          limitations issue was a partnership item, the result would have             







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