- 9 - been the same regardless of whether the assessment period was controlled by section 6229 or 6501. See id. at 155 (“The more precise question in this case * * * is whether the taxpayers’ refund requests are attributable to any partnership item such that the district court would be deprived of jurisdiction.”). The U.S. Court of Federal Claims would also distinguish Weiner from the facts of the instant case. In Grapevine Imports, Ltd. v. United States, 71 Fed. Cl. 324 (2006), the court concluded that the above-quoted language from Weiner as to the date of expiration of the assessment period was dictum and that the Court of Appeals was “not focused on the issue involving the interplay between sections 6229(a) and 6501.” Id. at 330. We conclude that the period for assessing tax against the partners has not expired. Neither Weiner nor any of the other cases cited by petitioner dictate a contrary result. Accordingly, we shall deny petitioner’s motion to dismiss for lack of jurisdiction and to strike and petitioner’s motion for summary judgment.4 4 Petitioner also argues at length that we cannot consider when the partners filed their respective tax returns because the filing dates are nonpartnership items. This position contradicts the holding of Rhone-Poulenc Surfactants & Specialties, L.P. v. Commissioner, 114 T.C. 533 (2000), where we examined the partners’ filing dates to decide when the assessment period under sec. 6501 expired. Although petitioner contends its position does not conflict with our existing caselaw, petitioner has not explained how the Court can apply the holding of Rhone-Poulenc without examining the partners’ filing dates. Petitioner’s (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007