Ezel / IRS Rulings / 201042026

CCA 201042026: TMP information duties do not cover partners with converted items

Number
201042026
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Tax Matters Partner
Topics
Procedure, penalties, and administration
Code sections
§ 6223, § 6226
Ruling dated
August 20, 2010
Publicly released
October 22, 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 a tax matters partner's duty to forward information to partnership partners. It stated that the regulations require the TMP to forward the information but do not give the IRS power to force the TMP to do so. The TMP does not have to forward information to partners whose partnership items have converted to nonpartnership items. The advice also stated that partners with agreed expired statutes are no longer parties to the proceeding.

Ruling snapshot

  • Question: What information must a TMP forward to partners, and which partners remain parties to the proceeding?
  • Outcome: Advice given
  • Key authorities: IRC §§ 6223 and 6226(d)(1)(A); Treas. Reg. §§ 301.6223(g)-1 and 301.6223(g)-1(b)(2)(i)

Full text (IRS public release)

ID: CCA_2010082009104737 Number: 201042026
Release Date: 10/22/2010
Office: ----------
UILC: 6223.05-00

From: -------------------
Sent: Friday, August 20, 2010 9:10:52 AM
To: -------------------------
Cc: -----------
Subject: RE: AC statute

The regulations require the TMP to forward information to the partners (Treas. Reg. 301.6223(g)-1)), but we cannot force him to. He does not have to forward information to partners whose partnership items have converted to nonpartnership items. Treas. Reg. 301.6223(g)-1(b)(2)(i). Technically, the partners who we agree have expired statutes are also no longer parties to the proceeding. See I.R.C. 6226(d)(1)(A)).

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