River City Ranches #1 Ltd., Jeffry Bergamyer, Tax Matters Partner - Page 31




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          Issue 2. Whether the Period of Limitations on Assessment Had                
                    Expired When the FPAAs Were Issued                                
               The period for making assessments of tax attributable to a             
          partnership item or affected item is set forth in section 6229.             
          Section 6229 provides in pertinent part:                                    
               SEC. 6229.  PERIOD OF LIMITATIONS FOR MAKING                           
                         ASSESSMENTS.                                                 
                    (a) General Rule.--Except as otherwise provided in                
               this section, the period for assessing any tax imposed                 
               by subtitle A with respect to any person which is                      
               attributable to any partnership item (or affected item)                
               for a partnership taxable year shall not expire before                 
               the date which is 3 years after the later of--                         
                         (1) the date on which the partnership return                 
                    for such taxable year was filed, or                               
                         (2) the last day for filing such return for                  
                    such year (determined without regard to                           
                    extensions).                                                      
                    (b) Extension by Agreement.--                                     
                         (1) In general.--The period described in                     
                    subsection (a) (including an extension period                     
                    under this subsection) may be extended--                          
                  *       *       *       *       *       *       *                   
                              (B) with respect to all partners, by an                 
                         agreement entered into by the Secretary and                  
                         the tax matters partner (or any other person                 
                         authorized by the partnership in writing to                  
                         enter into such an agreement),                               
                    before the expiration of such period.                             
                  *       *       *       *       *       *       *                   










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