Ezel / IRS Rulings / 201004028

Partnership reporting binds the Service absent an FPAA

Number
201004028
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Tax Treatment Determined At Partnership Level
Topics
Procedure, penalties, and administration
Code sections
§ 6221
Ruling dated
December 29, 2009
Publicly released
January 29, 2010
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 2010, 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 2010
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 issue affected-item statutory notices of deficiency for the redacted tax items. It is bound by the partnership's reporting of the loan unless it issues an FPAA for the partnership.

Ruling snapshot

  • Question: When may the Service depart from a partnership's reporting of a loan?
  • Outcome: Advice given.
  • Key authorities: IRC § 6221.

Full text (IRS public release)

ID: CCA_2009122913054737 Number: 201004028
Release Date: 1/29/2010
Office: ----------
UILC: 6221.00-00

From: -------------------
Sent: Tuesday, December 29, 2009 1:05:48 PM
To: --------------------
Cc: ----------------------------------
Subject: RE: TEFRA question

We cannot issue affected item SND's for -------. We are bound by the partnership reporting of the loan for
------- unless we issue an FPAA for -------

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