Ezel / IRS Rulings / 200911024

CCA 200911024: An indirect-investor assessment required a signed return or waiver

Number
200911024
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Partner May Waive Rights
Topics
Procedure, penalties, and administration
Code sections
§ 6201, § 6224
Ruling dated
February 5, 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 addressed an examination assessment involving an indirect investor. If the taxpayer supplied a signed Form 1040X, section 6201(a)(1) allowed the IRS to assess the stated amounts. Without that amended return, the agent needed a Form 870 waiver that specifically referred to section 6224(b).

Ruling snapshot

  • Question: What documentation permitted the indirect-investor assessment?
  • Outcome: Advice given: use the signed Form 1040X or obtain a Form 870 waiver expressly referencing section 6224(b).
  • Key authorities: IRC §§ 6201(a)(1) and 6224(b).

Full text (IRS public release)

ID: CCA_2009020511420337 Number: 200911024
Release Date: 3/13/2009
Office: --------------
UILC: 6224.01-00

From: -------------------
Sent: Thursday, February 05, 2009 11:42:08 AM
To: --------------------
Cc: ---------------------------------
Subject: RE: Indirect Investor assessment in Exam

Yes. If the taxpayer provided a signed Form 1040X. Section 6201(a)(1) allows us to assess such
amounts. Otherwise the agent will need a waiver, Form 870 that specifically references the waiver
provision of section 6224(b).

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