PUBLIC LAW 97-248—SEPT. 3, 1982
96 STAT. 653
"(1) the close of the 150th day after the d a y on which a notice of a final partnership administrative adjustment was mailed to the tax matters partner, and "(2) if a proceeding is begun in the T a x Court under section 6226 during such 150-day period, the decision of the court in such proceeding has become final. "(b) P R E M A T U R E
ACTION
MAY B E ENJOINED.—Notwithstanding
section 7421(a), any action which violates subsection (a) may be enjoined in the proper court. "(c) L I M I T W H E R E N O PROCEEDING B E G U N. — I f no proceeding under
section 6226 is begun with respect to any final partnership administrative adjustment during the 150-day period described in subsection (a), the deficiency assessed against any part n e r with respect to the partnership items to which such adjustment relates shall not exceed the a m o u n t determined in accordance with such adjustment. "SP]C. 6226. JUDICIAL REVIEW OP^ FINAL PARTNERSHIP ADMINISTRATIVE ADJUSTMENTS. "(a) PETITION BY T A X MATTERS P A R T N E R. — W i t h i n 90 days
after
the d a y on which a notice of a final partnership administrative adjustment is mailed to the tax m a t t e r s part n e r, the tax m a t t e r s part n e r may file a petition for a readjustment of the partnership items for such taxable year with— "(1) the Tax Court, "(2) the district court of the United States for the district in which the partnership ' s principal place of business is located, or "(3) the Claims Court. "(b) P E T I T I O N BY P A R T N E R OTHER T H A N T A X MATTERS P A R T N E R. —
"(1) IN GENERAL.—If the tax m a t t e r s part n e r does not file a readjustment petition under subsection (a) with respect to any final partnership administrative adjustment, any notice a r t n e r (and any 5-percent group) may, within 60 days after the close of the 90-day period set forth in subsection (a), file a petition for a readjustment of the partnership items for the taxable year involved with any of the courts described in subsection (a). "(2) PRIORITY OF THE TAX COURT ACTION.—If more than
1
action is brought under paragraph (1) with respect to any partnership for any partnership taxable year, the first such action brought in the Tax Court shall go forward. "(3) PRIORITY OUTSIDE THE TAX COURT.—If more than 1 action
is brought under paragraph (1) with respect to any partnership for any taxable year b u t no such action is brought in the Tax Court, the first such action brought shall go forward. "(4) DISMISSAL OF OTHER ACTIONS.—If an action
is b r o u g h t
under paragraph (1) in addition to the action which goes forward under paragraph (2) or (3), such action shall be dismissed. "(5) T A X MATTERS PARTNER MAY I N T E R V E N E. — The tax m a t t e r s
part n e r may intervene subsection.
in any action
brought
under
this
"(c) PARTNERS TREATED AS PARTIES.—If an action is brought under
subsection (a) or (b) with respect to a partnership for any partnership taxable year— "(1) each person who was a part n e r in such partnership at any time during such year shall be treated as a party to such action, and "(2) the court having jurisdiction of such action shall allow each such person to participate in the action.
26 USC 6226.
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