Ezel / IRS Rulings / 201012041

CCA 201012041: The IRS may assert increased income while the taxpayer raises disputed losses

Number
201012041
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Notice to Partners of Proceedings
Topics
Procedure, penalties, and administration
Code sections
§ 6223
Ruling dated
February 18, 2010
Publicly released
March 26, 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 addressed the treatment of disputed income and loss items. The advice agreed that the IRS could assert increased income and leave it to the taxpayer to raise the taxpayer's entitlement to disputed losses.

Ruling snapshot

  • Question: May the IRS assert increased income while requiring the taxpayer to raise disputed losses?
  • Outcome: Advice given
  • Key authorities: IRC § 6223

Full text (IRS public release)

ID: CCA_2010021810015337 Number: 201012041
Release Date: 3/26/2010
Office: ----------
UILC: 6223.00-00

From: -------------------
Sent: Thursday, February 18, 2010 10:01:56 AM
To: -------------------
Cc: ----------------------------------
Subject: RE: Advice

I agree that we can assert increased income and leave it to taxpayer to raise his entitlement to disputed
losses.

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