128 T.C. No. 16 UNITED STATES TAX COURT KLIGFELD HOLDINGS, KLIGFELD CORPORATION, Tax Matters Partner, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 21330-04. Filed May 30, 2007. In 2004, R sent a notice of deficiency to one of P’s partners for his 2000 taxable year. Because the item which R adjusted was an affected item under section 6231(a)(5), I.R.C., R also issued a notice of final partnership administrative adjustment (FPAA) to P for its 1999 taxable year, which was the year in which P claimed the item on its taxes. Both parties agree that the statute of limitations for assessing additional tax on the 1999 taxable year had already expired. P argues that if R is barred from assessing additional tax for 1999, he is also barred from issuing an FPAA for 1999. R claims that an FPAA can be issued at any time as long as at least one partner can still be assessed additional tax in relation to either an affected item or a partnership item (as defined by section 6331(a)(3), I.R.C.). P moved for summary judgment. Held: Sections 6501(a) and 6229(a), I.R.C., do not preclude R from issuing an FPAA for P’s 1999 taxable year.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007