Ezel / IRS Rulings / 201012042

CCA 201012042: A partner for the year at issue or a current partner may be TMP

Number
201012042
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Tax Matters Partner
Topics
Procedure, penalties, and administration
Code sections
§ 6231
Ruling dated
February 19, 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 who may serve as a partnership's tax matters partner during a technical termination year. The advice stated that either a partner for the year at issue or a current partner may be the tax matters partner under Treas. Reg. § 301.6231(a)(7)-1(b). A succeeding trust could serve only if it was treated as the current general partner under state law or had been a partner during the year at issue.

Ruling snapshot

  • Question: Who may serve as the tax matters partner for a technical termination year?
  • Outcome: Advice given
  • Key authorities: IRC § 6231; Treas. Reg. § 301.6231(a)(7)-1(b)

Full text (IRS public release)

ID: CCA_2010021909401837 Number: 201012042
Release Date: 3/26/2010
Office: ----------
UILC: 6231.07-00

From: -------------------
Sent: Friday, February 19, 2010 9:40:22 AM
To: -----------------------------------------------
Cc: -----------
Subject: RE: TMP for Technical Termination Year - and ASED authorization

Looks like you forwarded this to the wrong --------.

A partner for the year in issue, or a current partner can be TMP. Treas. Reg. 301.6231(a)(7)-1(b). So the
succeeding trust can only be TMP if it is treated as current general partner under state law, or was a
partner during the year in issue.

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