Ezel / IRS Rulings / 1032041
Chief Counsel Advice 1032041 Released August 13, 2010 Advice

CCA 1032041: An unrestricted consent extended the assessment period for affected partnership items

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This page covers one taxpayer's ruling from 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 resolved one taxpayer's situation on its specific facts, 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 addresses whether an extension of the assessment period was valid when gain from the sale of a partnership interest was an affected item. The advice concludes that the consent was unrestricted and therefore valid, and that an extension under section 6229 also extended the period for assessing affected items.

Ruling snapshot

  • Question: Did an unrestricted consent validly extend the assessment period for affected items related to a partnership interest?
  • Outcome: Advice given
  • Key authorities: IRC § 6229.

Full text (IRS public release)

ID: CCA_2010070608245937 Number: 201032041
Release Date: 8/13/2010
Office: ----------
UILC: 6229.02-00

From: -------------------
Sent: Tuesday, July 06, 2010 8:25:05 AM
To: --------------------------------
Cc:
Subject: RE: Local Counsel Questioning SOL

My last e-mail concluded that the statute extension was valid when I said that gain on
the sale of a partnership interest was an affected item and that: "Under section 6229,
any extension of the period for assessing tax attributable to partnership items also
extends the period for assessing affected items. See, e.g., Ginsburg v. Commissioner. "

Since the consent was unrestricted it was fine.

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