- 18 - partnership items with an eye to determining a deficiency for 2000. But does the Code allow this--or must there be some “matching” of taxable years challenged by an FPAA and supplying the period to calculate limitations under section 6501(a)? That is the question to which we now turn. B. Section 6229 and the Matching of Taxable Years Kligfeld19 begins by making clear that he is not trying to get us to overrule Rhone-Poulenc. Instead, he is making a subtler point--that we need not, and should not, extend Rhone- Poulenc beyond the situation where the taxable years of a partnership and its partners overlap. An obvious problem with this position is that we mentioned nothing about the overlapping of taxable years in Rhone-Poulenc itself. Because Rhone-Poulenc involved the characterization of a single transaction between the partner and partnership, see 114 T.C. at 536, one can infer that the taxable years involved did overlap. However, we made no finding--and made no mention--of this fact. Kligfeld has therefore, we believe, identified a real distinction between Rhone-Poulenc and his case, and he makes both textual and policy arguments--including constitutional questions 19 This case is very similar to Bay Way Holdings v. Commissioner, docket No. 5534-05. Bay Way’s TMP filed a summary judgment motion very similar to Kligfeld’s, and the Court invited Bay Way to appear as an amicus curiae on brief and oral argument of this motion. When we refer to “Kligfeld’s views,” we are referring as well to the points made by Bay Way’s counsel, Paul J. Sax.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007