Ezel / IRS Rulings / 201040016

CCA 201040016: The IRS advised removing a section 6662A penalty from a Form 5330 notice

Number
201040016
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Accuracy Related Penalty on Understatements with respect to Reportable Transactions
Topics
Procedure, penalties, and administration
Code sections
§ 6662A
Ruling dated
September 14, 2010
Publicly released
October 8, 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 whether the accuracy-related penalty under IRC § 6662A could apply to tax outside the income tax or subtitle A. Without an explanation supporting that application, the advice stated that the penalty could be removed from the notice of deficiency issued for Form 5330.

Ruling snapshot

  • Question: Could the section 6662A penalty remain on a Form 5330 notice without an explanation that it applied outside income tax or subtitle A?
  • Outcome: Advice given
  • Key authorities: IRC § 6662A

Full text (IRS public release)

ID: CCA_2010091415412164 Number: 201040016
Release Date: 10/8/2010
Office: --------------
UILC: 6662A.00-00

From: -----------------
Sent: Tuesday, September 14, 2010 3:41:25 PM
To: ---------------------
Cc: --------------------------------------
Subject: 6662A penalty

-----------

Absent any explanation of how section 6662A could apply to any tax outside of income tax or subtitle A,
you may remove the penalty from the notice of deficiency issued for the Form 5330. Please contact me if
you have any other questions.

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