G-5 Investment Partnership, H. Miles Investments, LLC, Tax Matters Partner, and Henry M. Greene and Julie M. Greene, Partners Other Than The Tax Matters Partner - Page 2




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                    Ps moved for judgment on the pleadings on the                     
               ground that the period of limitations for assessing any                
               tax resulting from this partnership proceeding has                     
               expired pursuant to secs. 6229(a) and 6501(a), I.R.C.                  
               R contends the period of limitations for assessment has                
               not expired under sec. 6501(a), I.R.C., for 2002-04 and                
               he may assess taxes attributable to the adjustment of                  
               partnership items for 2000 against the partners for                    
               2002-04.                                                               
                                                                                     
                    Held:  Secs. 6229(a) and 6501(a), I.R.C., do not                  
               preclude R from issuing the FPAA and adjusting                         
               partnership items for 2000.                                            
                    Held:  Secs. 6229(a) and 6501(a), I.R.C., do not                  
               preclude R from assessing against the partners an                      
               income tax liability for the 2002-04 tax years                         
               attributable to the carryforward by the partners of                    
               their distributive shares of partnership losses for                    
               2000 where the partnership item adjustments relate to                  
               transactions completed and reported on G-5’s                           
               partnership return in 2000.                                            


               Denis J. Conlon and Steven S. Brown, for petitioners.                  
               William F. Castor, for respondent.                                     


                                       OPINION                                        

               HAINES, Judge:  This case is a partnership-level action                
          based on a petition filed pursuant to section 6226.1  The sole              
          issue raised by petitioners’ motion for judgment on the pleadings           
          is whether the period of limitations for making assessments of              



               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code (Code), as amended, and Rule references           
          are to the Tax Court Rules of Practice and Procedure.                       





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