CCA 201049033: Tax shown and paid on an amended Form 1042 may be assessed directly

Plain-English summary

Chief Counsel Advice considers whether the IRS may assess an amount shown on an amended Form 1042 and paid with that form. The advice concludes that IRC § 6201(a)(1) and the related regulation authorize assessment of tax shown on a return, including an amended return. It also explains that the rules in IRC §§ 6211 and 6213 and their regulations permit assessment of amounts paid before or after a notice of deficiency. The IRS therefore may assess the amount without opening a separate proceeding to assess and collect it.

Ruling snapshot

• Question: May the IRS assess an amount included on an amended Form 1042 and paid with that form without opening a separate proceeding?
• Outcome: advice given
• Key authorities: IRC §§ 6201(a)(1), 6211, and 6213; Treas. Reg. §§ 301.6201-1(a)(1), 301.6211(a)-1, and 301.6213-1(b)(3).

Full text (IRS public release)

ID: CCA_2010102614333637 Number: 201049033
Release Date: 12/10/2010
Office: ----------
UILC: 6201.00-00

From: -------------------
Sent: Tuesday, October 26, 2010 2:33:38 PM
To: ---------------------
Cc: -----------------------------------------------------
Subject: RE: Amended 1042

Section 6201(a)(1) and Treas. Reg. 301.6201-1(a)(1) allow assessment on any tax shown on a return.
This includes any amount on an amended return. Treas. Reg. 301.6211(a)-1(last sentence) and section
6213(g)(1). Section 6213(b)(4) and Treas. Reg. 301.6213-1(b)(3) allow assessment of any amount paid
before or after the issuance of a notice of deficiency.

Thus we may assess the amount included on the amended Form 1042 and paid with that form. We need
not open a proceeding to assess and collect.