CCA 201017049: Form 872 extends periods for refunds and partnership filings

Plain-English summary

Chief Counsel explained how provisions of the current Form 872 operate when a taxpayer extends the statute of limitations. Paragraph 2 restates the law for refunds of nonpartnership items and informs taxpayers that a statute extension also extends the period for filing a refund claim under section 6511(c)(1). Paragraph 4 extends the period for filing administrative adjustment requests under section 6227(b) and grants additional extensions for filing suit involving partnership items and converted partnership items.

Ruling snapshot

• Question: What filing periods are extended by paragraphs 2 and 4 of Form 872?
• Outcome: advice given
• Key authorities: IRC §§ 6227(b), 6501, and 6511(c)(1)

Full text (IRS public release)

ID: CCA_2010040208354437 Number: 201017049
Release Date: 4/30/2010
Office: ----------
UILC: 6501.04-13

From: -------------------
Sent: Friday, April 02, 2010 8:35:49 AM
To: ------------------------
Cc: -----------
Subject: RE: New Form 872

Paragraph 2 of the current Form 872 is just a restatement of the law as it applies to refunds of nonpartnership items. Paragraph 2 is included essentially for information purposes for taxpayers who may be unaware that statute extensions also extend the period for filing a refund claim under section 6511(c)(1) for nonpartnership items.

Paragraph 4, first sentence, as a matter of law under section 6227(b), operates to extend the period for filing AAR's under section 6227(b) to 6 months from the end of the extension. The second and third sentence grant additional extensions for filing suit for partnership items and converted partnership items that would not otherwise occur without an agreement.