Page:United States Statutes at Large Volume 96 Part 1.djvu/701

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 659

"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— "(A) with respect to any partner, by an agreement entered into by the Secretary and such partner, and "(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. "(2) COORDINATION WITH SECTION 6501 (c)(4).—Any agreement

under section 6501(c)(4) shall apply with respect to the period described in subsection (a) only if the agreement expressly provides that such agreement applies to tax attributable to partnership items. "(c) SPECIAL RULE IN CASE OF FRAUD, ETC.— "(1) FALSE RETURN.—If any partner has, with the intent to

evade tax, signed or participated directly or indirectly in the preparation of a partnership return which includes a false or fraudulent item— "(A) in the case of partners so signing or participating in the preparation of the return, any tax imposed by subtitle A which is attributable to any partnership item (or affected item) for the partnership taxable year to which the return relates may be assessed at any time, and "(B) in the case of all other partners, subsection (a) shall be applied with respect to such return by substituting '6 years' for '3 years'. "(2) SUBSTANTIAL OMISSION OF INCOME.—If any partnership omits from gross income an amount properly includible therein which is in excess of 25 percent of the amount of gross income stated in its return, subsection (a) shall be applied by substituting '6 years' for '3 years'. "(3) No RETURN.—In the case of a failure by a partnership to file a return for any taxable year, any tax attributable to a partnership item (or affected item) arising in such year may be assessed at any time. "(4) RETURN FILED BY SECRETARY.—For purposes of this section, a return executed by the Secretary under subsection (b) of section 6020 on behalf of the partnership shall not be treated as a return of the partnership. "(d)

SUSPENSION

WHEN

SECRETARY

MAKES

ADMINISTRATIVE

ADJUSTMENT.—If notice of a final partnership administrative adjustment with respect to any taxable year is mailed to the tax matters

26 USC 6229.

�