RHONE-POULENC SURFACTANTS AND SPECIALTIES, L.P., GAF CHEMICALS CORPORATION, A PARTNER OTHER THAN THE TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent, 114 T.C. 533

Summary

Petitioner, a Delaware corporation and a partner in a Delaware limited partnership, filed its 1990 U.S. Corporation Income Tax Return, on or about September 15, 1991. Respondent Commissioner of Internal Revenue issued a final partnership administrative adjustment (FPAA) prior to the expiration of six years from the date petitioner filed its corporate return seeking adjustments with respect to the partnership for its 1990 taxable year. Petitioner timely filed pursuant to I.R.C. § 6226, and moved for summary judgment, contending that, as more than three years had elapsed between both the due date and filing of the partnership return and the issuance of the FPAA, and as the partnership did not omit any amount from gross income, any assessment of tax with respect to respondent's adjustments was barred by the three year period of limitations found in I.R.C. § 6229(a). The court denied the motion, holding that I.R.C. § 6501 was not inapplicable to the assessment of any tax attributable to ...