Period of Limitations for Making Assessments

ID:
Office:
UILC:
CCA_2009091510524554
---
6229.00-00
Number: 200945055
Release Date: 11/6/2009
From: ---
Sent: Tuesday, September 15, 2009 10:52:47 AM
To: ---
Cc: ---
Subject: RE: 9-25-09 Carryover adj
The Service can now rely on a partner's section 6501 statute in all cases. See Curr-Spec Partners, L.P. v. Comm'r, 2009 WL 2437764, *3 (5th Cir. 2009) ("The unambiguous language of IRC § 6229(a) and IRC § 6501(a) mandates our conclusion that IRC § 6501(a) creates a three-year limitations period within which the Commissioner must assess "any tax" on individual partners--a period which IRC § 6229(a) can never shorten, regardless of the length of time that might have elapsed between the filing of the partnership's informational return and the Commissioner's issuance of an FPAA. Rather, IRC § 6229(a) establishes only the minimum time period that, when necessary, extends, i.e., supercedes, the general three-year limitations period of IRC § 6501(a).").
Note, though, that a Form 872 that does not reference partnership items will not extend the partner's section 6501 period for partnership items. See Ginsburg v. Commissioner, 127 T.C. 75, 89 (2006).