- 20 - 706(a), which states as a general rule that a partner’s inclusion of income, loss, deductions, etc., “with respect to a partnership shall be based on the income, gain, loss, deduction, or credit of the partnership for any taxable year of the partnership ending within or with the taxable year of the partner.” (Emphasis added.) He then applies this rule to the “principle of fixed, periodic accountings” and draws the conclusion that a “statute of limitations for assessment of tax liability” makes sense only when there is an “interlacing of partners’ and partnerships’ taxable years.” The flaw in this argument is that it reads too much into section 706(a). That section doesn’t state a grand, overarching principle that all partnership and affected items of a partnership’s taxable year must be reflected in a coinciding or overlapping partner’s taxable year. It governs only the inclusion of the partnership’s “income, gain, loss, deduction, or credit of the partnership.” Not all partnership items--and not all affected items of the sort that are at issue in this case-- fall into one of those five categories. Kligfeld then turns to section 6226(d)(1)(B), pointing out that it says that a partner may not be a party to a TEFRA proceeding after the day on which “the period within which any tax attributable to such partnership items may be assessed against that partner expired.” The phrase “such partnershipPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007