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 6




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          can be made attributable to partnership items or affected items7.           
          See secs. 6223, 6225, 6226.                                                 
               The Commissioner must give notice of both the beginning and            
          the ending of administrative proceedings.  Sec. 6223(a).  The               
          ending notice is the issuance of the FPAA, which must be mailed             
          no earlier than the 120th day after the notice of the beginning             
          of the administrative proceedings was mailed.  Sec. 6223(d)(1).             
          TEFRA partnership provisions do not contain a period of                     
          limitations within which an FPAA must be issued, unlike the                 
          period of limitations applicable to the issuance of an FPAA to a            
          large partnership.8  Rhone-Poulenc Surfactants & Specialties, L.P.          
          v. Commissioner, 114 T.C. 533, 534 (2000).                                  


               7 An “affected item” is any item whose existence or amount             
          depends on any partnership item.  Sec. 6231(a)(5).  Examples of             
          affected items include:  Capital loss carryforwards, net                    
          operating loss carrybacks, investment tax credit carrybacks, a              
          partner’s basis in his partnership interest, passive losses, and            
          sec. 465 at-risk limitations.  Harris v. Commissioner, 99 T.C.              
          121, 125 (1992); Dial USA, Inc. v. Commissioner, 95 T.C. 1, 5-6             
          (1990); Maxwell v. Commissioner, 87 T.C. 783, 790-791 (1986);               
          sec. 301.6231(a)(5)-1T, Temporary Proced. & Admin. Regs., 52 Fed.           
          Reg. 6790 (Mar. 5, 1987).                                                   
               8 SEC. 6248.  PERIOD OF LIMITATIONS FOR MAKING ADJUSTMENTS.            
                    (a) General Rule.-- * * * no adjustment under this                
               subpart to any partnership item for any partnership taxable            
               year may be made after the date which is 3 years after the             
               later of--                                                             
                         (1) the date on which the partnership return                 
                    for such taxable year was filed, or                               
                         (2) the last day for filing such return for such             
                    year (determined without regard to extensions).                   





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