Ezel / IRS Rulings / 200946042

CCA 200946042: Open-year analysis for carried-forward losses

Number
200946042
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Period of Limitations for Making Assessments
Topics
Procedure, penalties, and administration
Code sections
§ 1312, § 6229, § 6501, § 6110
Ruling dated
September 24, 2009
Publicly released
November 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

This Chief Counsel advice states that the Service cannot net a difference in the context of the discussed loss carryforward. It may consider why the years to which the loss was carried forward remain open under §§ 6501 or 6229, including the rule in § 6229(e) concerning failure to identify a taxpayer on a key-case partnership return. The email also asks which § 1312 circumstance applies to a referenced Form 2259. It does not reach a taxpayer-specific conclusion.

Ruling snapshot

  • Question: May the Service net the difference, and why might loss-carryforward years remain open?
  • Outcome: Advice given
  • Key authorities: IRC §§ 6229, 6501, and 1312

Full text (IRS public release)

ID: CCA_2009092412165654 Number: 200946042
Release Date: 11/13/2009
Office: --------------
UILC: 6229.00-00

From: --------------------------
Sent: Thursday, September 24, 2009 12:17:03 PM
To: ----------------------
Cc: ------------------------------------------
Subject: RE:

The Service cannot net the difference. The Service may consider reasons why the years to which the
loss is carried forward are open under either section 6501 or 6229 (e.g., under section 6229(e), the
taxpayer was not identified on the key case entity partnership return).

Regarding Form 2259, which section 1312 circumstance is applicable?

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