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 8




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          1351 (Fed. Cir. 2007); Ginsburg v. Commissioner, 127 T.C. 75, 84-           
          85 (2006); Rhone-Poulenc Surfactants & Specialties, L.P. v.                 
          Commissioner, supra at 534; Andantech L.L.C. v. Commissioner,               
          T.C. Memo. 2002-97, affd. in relevant part and remanded in part             
          331 F.3d 972 (D.C. Cir. 2003); CC&F W. Operations Ltd. Pship. v.            
          Commissioner, T.C. Memo. 2000-286, affd. 273 F.3d 402 (1st Cir.             
          2001).                                                                      
               The issuance of an FPAA suspends the running of any                    
          applicable period of limitations under sections 6229 and 6501               
          until the FPAA adjustments become final or conclusively                     
          established,10 after which the Commissioner has 1 year to assess            
          partners with the tax which properly accounts for their                     
          distributive shares of the adjusted partnership items.  Sec.                
          6229(d).  The adjustment is a computational adjustment,11 without           
          notice, provided no partner-level determination is necessary.  A            
          statutory notice of deficiency is not required for a                        
          computational adjustment because, under TEFRA, the partnership              
          item has been resolved at the partnership level and cannot be               




               10 Adjustments may become final or conclusively established            
          as a result of an unchallenged FPAA, a judicial determination               
          pursuant to a sec. 6226 proceeding, a settlement agreement                  
          pursuant to sec. 6224(c), or a request for administrative                   
          adjustment pursuant to sec. 6227.                                           
               11 A computational adjustment is any change in a partner’s             
          tax liability to reflect the proper treatment of a partnership              
          item.  Sec. 6231(a)(6).                                                     





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