Ezel / IRS Rulings / 200911018

CCA 200911018: Collect an electing large partnership's tax from its assets before its partners

Number
200911018
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Treatment of Electing Large Partnerships
Topics
Procedure, penalties, and administration
Code sections
§ 6240, § 6255
Ruling dated
February 2, 2009
Publicly released
March 13, 2009
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2009, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2009
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel discussed collecting tax after the items of an electing large partnership were finally determined. With no current regulations under section 6255(d), the first choice was to collect from any partnership assets still remaining at that time. If the partnership had no remaining assets, the adjustments would have to flow through to its partners.

Ruling snapshot

  • Question: From whom should the IRS collect after an electing large partnership's items are finally determined?
  • Outcome: Advice given: collect from remaining partnership assets first, or flow the adjustments through to the partners if no assets remain.
  • Key authorities: IRC §§ 6240 and 6255(d).

Full text (IRS public release)

ID: CCA_2009020209311537 Number: 200911018
Release Date: 3/13/2009
Office: --------------
UILC: 6240.00-00

From: -------------------
Sent: Monday, February 02, 2009 9:31:16 AM
To: --------------------
Cc: ---------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------
-----------------------------
Subject: RE: ELP Tier ---------

Per 6255(d), since there are no current regulations, our first choice might be to collect the tax from any remaining assets of the partnership if any still exist at the time the partnership items are finally determined. If there are no such assets, we would have no choice but to flow the adjustments through to the ELP's partners.

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