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 11




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          partnership proceeding becomes final, respondent may assess a tax           
          liability for a year open under the period of limitations, even             
          though the underlying partnership item adjustments are                      
          attributable to transactions that were completed in a year for              
          which assessments of the partners’ tax is barred because of the             
          expiration of the period of limitations.                                    
               In this case, although the periods prescribed by sections              
          6229(a) and 6501(a) have run for 2000 and 2001, the FPAA                    
          determined adjustments to partnership items (capital losses) that           
          may have income tax consequences to the partners at the partner             
          level in 2002-04, years open under the period of limitations.  If           
          the adjustments to partnership items in the FPAA are sustained,             
          respondent may assess a computational adjustment or determine a             
          deficiency against the partners for those open years.  However,             
          respondent concedes that, because the tax years 2000 and 2001 are           
          closed, respondent is barred from assessing any deficiencies,               
          penalties or additions to tax with respect to the partners’ 2000            
          and 2001 tax years.                                                         
               This Court finds that respondent’s issuance of the FPAA on             
          April 12, 2006, for G-5’s 2000 tax year was not barred by any               
          period of limitations13 and that the period of limitations for              
          assessing taxes attributable to partnership items for                       


               13  See Kligfeld Holdings v. Commissioner, 128 T.C. ___                
          (2007).                                                                     






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