Page:United States Statutes at Large Volume 96 Part 1.djvu/703

 PUBLIC LAW 97-248—SEPT. 3, 1982

96 STAT. 661

"(i) to make the partnership items on the partner's return consistent with the treatment of the partnership items on the partnership return, or "(ii) to apply to the partner a settlement, a final partnership administrative adjustment, or the decision of a court in an action brought under section 6226 or section 6228(a), or "(B) the Secretary failed to allow a credit or to make a refund to the partner in the amount of the overpayment attributable to the application to the partner of a settlement, a final partnership administrative adjustment, or the decision of a court in an action brought under section 6226 or section 6228(a) (or erroneously computed the amount of any such credit or refund). "(2) TIME FOR FILING CLAIM.— "(A) UNDER PARAGRAPH (i)

(A).—Any claim under paragraph (1)(A) shall be filed within 6 months after the day on which the Secretary mails the notice of computational adjustment to the partner. "(B) UNDER PARAGRAPH (i)(B).—Any claim under paragraph (1)(B) shall be filed within 2 years after whichever of the following days is appropriate: "(i) the day on which the settlement is entered into, "(ii) the day on which the period during which an action may be brought under section 6226 with respect to the final partnership administrative adjustment expires, or "(iii) the day on which the decision of the court becomes final.

"(3) SUIT IF CLAIM NOT ALLOWED.—If any portion of a claim

under paragraph (1) is not allowed, the partner may bring suit with respect to such portion within the period specified in subsection (a) of section 6532 (relating to periods of limitations on refund suits). "(4) No REVIEW OF SUBSTANTIVE ISSUES.—For purposes of any

claim or suit under this subsection, the treatment of partnership items on the partnership return, under the settlement, under the final partnership administrative adjustment, or under the decision of the court (whichever is appropriate) shall be conclusive. "(d) SPECIAL RULES WITH RESPECT TO CREDITS OR REFUNDS ATTRIBUTABLE TO PARTNERSHIP ITEMS.—

"(1) IN GENERAL.—Except as otherwise provided in this subsection, no credit or refund of an overpayment attributable to a partnership item (or an affected item) for a partnership taxable year shall be allowed or made to any partner after the expiration of the period of limitation prescribed in section 6229 with respect to such partner for assessment of any tax attributable to such item. "(2) ADMINISTRATIVE ADJUSTMENT REQUEST.—If a request for

an administrative adjustment under section 6227 with respect to a partnership item is timely filed, credit or refund of any overpayment attributable to such partnership item (or an affected item) may be allowed or made at any time before the expiration of the period prescribed in section 6228 for bringing suit with respect to such request.

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