- 4 -
Federal income tax returns, but before the expiration of 3 years
from the dates the partners filed their individual 2002-04
Federal income tax returns.
In the motion for judgment on the pleadings, petitioners
contend respondent is barred by the statute of limitations under
sections 6501(a) and 6229(a) from assessing an income tax
liability attributable to G-5’s partnership items for 2000
because the FPAA was issued more than 3 years after the
partnership and the partners filed their 2000 tax returns.
Respondent argues that because the FPAA was issued within 3 years
after the partners filed their 2002-04 Federal income tax
returns, the period of limitations has not expired for 2002-04
and he may assess income taxes attributable to the adjustment of
partnership items against the partners for those years.5
Petitioners do not dispute that they carried forward capital
losses attributable to G-5 partnership items incurred in 2000 to
their 2002-04 Federal income tax returns.
Discussion
A. Judgment on the Pleadings
Rule 120 provides that, after the pleadings in a case are
closed but within such time as not to delay the trial, a party
may move for judgment on the pleadings. The granting of a motion
5 In respondent’s objection to the motion for judgment on
the pleadings, he concedes the limitation periods are closed with
respect to the partners’ 2000 and 2001 tax years.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 10, 2007