Ezel / IRS Rulings / 201103048

CCA 201103048: Counsel compares TEFRA settlements with section 6213(d) waivers

Number
201103048
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Interest on Underpayment, Nonpayment, or Extensions of Time for Payment of Tax (Interest v. No Interest Imposed)
Topics
Procedure, penalties, and administration
Code sections
§ 6601, § 6213
Ruling dated
December 14, 2010
Publicly released
January 21, 2011
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 2011, 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 2011
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 advised that section 6601(c) gives a TEFRA settlement the same effect as a section 6213(d) waiver. The advice applies this rule to both a TEFRA partnership item Form 906 closing agreement and TEFRA Forms 870-P. It concludes that these documents will generally be treated in the same way as a section 6213(d) waiver.

Ruling snapshot

  • Question: How should a TEFRA settlement be treated in relation to a section 6213(d) waiver?
  • Outcome: Advice given
  • Key authorities: IRC §§ 6601(c) and 6213(d)

Full text (IRS public release)

ID: CCA_2010121415030837 Number: 201103048
Release Date: 1/21/2011
Office: ----------
UILC: 6601.00-00

From: -------------------
Sent: Tuesday, December 14, 2010 3:03:21 PM
To: --------------------
Cc: --------------------------------------------------------
Subject: RE: IRM 20.2.5 - 906 agreements, 6601(c) suspension

Section 6601(c) provides that a TEFRA settlement has the same effect as a section 6213(d) waiver. So
both a TEFRA partnership item Form 906 closing agreement and TEFRA Forms 870-P will generally be
treated the same as a section 6213(d) waiver.

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