CCA 200913025: Restricted consent language limited assessments but preserved a partner's refund claim

Plain-English summary

Chief Counsel reviewed language for a restricted consent extending the assessment period. The writer concluded that the language would limit assessments to the research and experimentation credit issue. A partnership itself could not file a refund claim because it was not the taxpayer. The extension nevertheless allowed a corporate partner to claim a refund for credits flowing from the partnership under section 6227(b), because the agreement did not expressly bar that claim.

Ruling snapshot

• Question: Did the restricted consent both limit assessments and preserve a corporate partner's ability to claim partnership-related credits?
• Outcome: Advice given: assessments were limited to the credit issue, while the corporate taxpayer could still file a refund claim.
• Key authorities: IRC §§ 6227(b), 6229.

Full text (IRS public release)

ID: CCA-310210-09 Number: 200913025
Release Date: 3/27/2009
Office: --------------
UILC: 6229.02-00

From: -------------------
Sent: Mon 7/14/2008 9:35 AM
To: -----------------
Cc: ------------------------------------------------------------------------------------------------------------------- Subject: FW: Restricted Consent Language

--------------------------------------------------------------------------. But the language in question will have the requested effect of limiting assessments to the R&E Credit issue.

Partnerships don't file claims for refund since they are not taxpayers. The extension of the statute will allow the corporate taxpayer to file a claim for refund for any such credits flowing from a partnership under section 6227(b) since the agreement does not specifically prevent this.

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