Ezel / IRS Rulings / 200939025

CCA 200939025: Successor not eligible to become tax matters partner

Number
200939025
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Tax Matters Partner
Topics
Procedure, penalties, and administration
Code sections
§ 6231
Ruling dated
July 29, 2009
Publicly released
September 25, 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

An IRS attorney addressed the designation of a tax matters partner after the entity that had served as TMP ceased to exist under state law. The attorney advised that, without a new designation, the general partner with the largest profits interest automatically became TMP under section 6231(a)(7)(B) and the related regulation. A successor in interest was not eligible because it had not been a general partner for the year at issue.

Ruling snapshot

  • Question: Who could serve as tax matters partner after the prior TMP ceased to exist?
  • Outcome: Advice given.
  • Key authorities: IRC § 6231(a)(7)(B); Treas. Reg. § 301.6231(a)(7)-1(m).

Full text (IRS public release)

ID: CCA_2009072908314737 Number: 200939025
Release Date: 9/25/2009
Office: --------------
UILC: 6231.07-00

From: -------------------
Sent: Wednesday, July 29, 2009 8:31:51 AM
To: ---------------------
Cc: -----------
Subject: RE: ---------

The TMP designation terminates because the entity that was the TMP no longer exists under state law.

In the absence of a new designation, the general partner with the largest profits interest automatically becomes TMP under section 6231(a)(7)(B) and Treas. Reg. 301.6231(a)(7)-1(m).

The successor in interest was not a general partner for the year in issue and is, thus, not eligible.

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