Ezel / IRS Rulings / 201011019

Section 6501(k) applies to the remaining refund after an NOL carryback recovery

Number
201011019
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Tentative Carryback Adjustment
Topics
Procedure, penalties, and administration
Code sections
§ 6501
Ruling dated
February 3, 2010
Publicly released
March 19, 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

Chief Counsel Advice confirmed an interpretation involving the interaction of IRC §§ 6501(k) and 6501(h) after a net operating loss carryback. The advice described section 6501(k) as applying to the remaining refund after the IRS has recovered amounts under section 6501(h) related to the carryback. The short email does not provide additional facts or explain the underlying question.

Ruling snapshot

  • Question: How does section 6501(k) apply after recovery of an amount related to an NOL carryback under section 6501(h)?
  • Outcome: advice given
  • Key authorities: IRC §§ 6501(h) and 6501(k)

Full text (IRS public release)

ID: CCA_2010020309141526 Number: 201011019
Release Date: 3/19/2010
Office: --------------
UILC: 6501.01-03

From: ----------------------------
Sent: Wednesday, February 03, 2010 9:14:52 AM
To: ----------------
Cc: ------------------------------------------------------------------------------
Subject: RE: penalties

That is correct. Think of 6501(k) as a soak up of the remaining refund after we
have recovered anything under 6501(h) related to the NOL carryback.

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