- 23 - taxable year involved” designated as default TMP; • Section 6231(d)(1)(B)--partnership percentage interests determined on the basis of profits interests “as of the close of the partnership taxable year;” and • Section 6226(c)(1)--right to file a petition challenging the FPAA limited to partners “in such partnership at any time during such year * * *.” Kligfeld correctly points out that these provisions don’t seem to contemplate the possibility that this case raises--a situation where the Commissioner issues an FPAA for one taxable year aimed at the treatment of an affected item on a partner’s return for a later year. Imagine a partnership that in 1990 has 50 partners, but due to a great deal of turnover in ownership interests, has 50 completely different partners by 2000. Were the Commissioner to issue an FPAA for the 1990 taxable year aimed at an affected item on the 2000 tax returns of the current individual partners, who could challenge it? Under section 6226(c), only the 1990 partners would be partners “in such partnership at any time during such year,” but section 6226(d)(1) might deprive them of standing because they would have no interest in the outcome.21 And if there were no designated TMP, then who would serve by default? Section 6231(a)(7) says that it 21 We assume for the purpose of discussing this hypothetical that all the 1990 partners filed timely, nonfraudulent returns more than three years before disposing of their partnership interests.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007