Ezel / IRS Rulings / 201032041

CCA 201032041: An unrestricted consent extended the assessment period for affected partnership items

Number
201032041
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Extension by Agreement
Topics
Procedure, penalties, and administration
Code sections
§ 6229
Ruling dated
July 6, 2010
Publicly released
August 13, 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 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.

What does the Code say today, for your facts?

This advice was written for IRS staff and cannot be cited. Ezel checks the current Internal Revenue Code and IRS guidance against your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace