Ezel / IRS Rulings / 200930043

CCA 200930043: Partnership loss disallowance is a partnership item

Number
200930043
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Partnership Item
Topics
Procedure, penalties, and administration
Code sections
§ 6231
Ruling dated
June 8, 2009
Publicly released
July 24, 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

This Chief Counsel Advice addresses the classification of a partnership loss disallowance. It concludes that the disallowance is a partnership item, regardless of the grounds for disallowance. It also states that all underlying factual and legal determinations, including whether the investment POPS partnerships are tax shelters, are partnership items of the funds.

Ruling snapshot

  • Question: Is the disallowance of a partnership loss a partnership item regardless of the reason for disallowance?
  • Outcome: Advice given.
  • Key authorities: Treas. Reg. § 301.6231(a)(3)-1(b)

Full text (IRS public release)

ID: CCA_2009060815193537 Number: 200930043
Release Date: 7/24/2009
Office: --------------
UILC: 6231.03-00

From: -------------------
Sent: Monday, June 08, 2009 3:19:37 PM
To: -------------------
Cc: -----------
Subject: RE: question

The disallowance of the partnership loss is a partnership item properly disallowed at the partnership level,
regardless of the grounds for disallowance. All underlying factual and legal determinations, including the
status of the investment POPS partnerships as Tax Shelters is a partnership item of the Funds. Treas.
Reg. 301.6231(a)(3)-1(b).

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