CCA 200941017: Closing a second Social Security number return follows substitute-return procedures
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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.
Plain-English summary
This Chief Counsel advice addresses how to close a second Social Security number's return in a joint-return matter. It directs the recipient to follow substitute-for-return procedures when closing that return. Under the described approach, the taxpayer's tax per return is zero.
Ruling snapshot
- Question: What procedure should be followed when closing the second Social Security number's return in a joint-return matter?
- Outcome: Advice given.
- Key authorities: IRC § 6013; IRM 4.10.8.13.4.1 and 4.10.8.13.4.2; IRC § 6110(k)(3).
Full text (IRS public release)
ID: CCA-828956-09 Number: 200941017
Release Date: 10/9/2009
Office: --------------
UILC: 6013.00-00
From: -------------------
Sent: Friday, August 28, 2009 9:56 AM
To: --------------------
Subject: RE: Joint return -----------
See IRM 4.10.8.13.4.1 and 2 - when you close the second SS#'s return, follow substitute for return procedures. This means her tax per return is zero, as you found yesterday. Call me if you have questions or want to discuss -------------
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