PUBLIC LAW 105-34—AUG. 5, 1997 111 STAT. 1015 notice of partnership adjustment. The court may by order provide that the jurisdictional requirements of this paragraph are satisfied where there has been a good faith attempt to satisfy such requirement and any shortfall of the amount required to be deposited is timely corrected. "(2) INTEREST PAYABLE. —Any amount deposited under paragraph (1), while deposited, shall not be treated as a pay- ment of tax for purposes of this title (other than chapter 67). "(c) SCOPE OF JUDICIAL REVIEW.—A court with which a petition is filed in accordance with this section shall have jurisdiction to determine all partnership items of the partnership for the partnership taxable year to which the notice of partnership adjustment relates and the proper allocation of such items among the partners (and the applicability of any penalty, addition to tax, or additional amount for which the partnership may be liable under section 6242(b)). "(d) DETERMINATION OF COURT REVIEWABLE.—Any determination by a court under this section shall have the force and effect of a decision of the Tax Court or a final judgment or decree of the district court or the Claims Court, as the case may be, and shall be reviewable as such. The date of any such determination shall be treated as being the date of the court's order entering the decision. "(e) EFFECT OF DECISION DISMISSING ACTION. —I f an action brought under this section is dismissed other than by reason of a rescission under section 6245(b)(3), the decision of the court dismissing the action shall be considered as its decision that the notice of partnership adjustment is correct, and an appropriate order shall be entered in the records of the court. "SEC. 6248. PERIOD OF LIMITATIONS FOR MAKING ADJUSTMENTS. "(a) GENERAL RULE. — Except as otherwise provided in this section, no adjustment under this subpart to any partnership item for any partnership taxable year may be made after 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. —The period described in subsection (a) (including an extension period under this subsection) may be extended by an agreement entered into by the Secretary and the partnership before the expiration of such period. " (c) SPECIAL RULE IN CASE OF FRAUD, ETC. — "(1) FALSE RETURN. —In the case of a false or fraudulent partnership return with intent to evade tax, the adjustment may be made at any time. "(2) SUBSTANTIAL OMISSION OF INCOME.—I f 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, the adjustment may be made at any time. "(4) RETURN FILED BY SECRETARY. —For purposes of this section, a return executed by the Secretary under subsection
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