Ezel / IRS Rulings / 201123032

CCA 201123032: Surviving LLC should use Form 872 to extend the ASED

Number
201123032
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Extension by Agreement
Topics
Procedure, penalties, and administration
Code sections
§ 6901
Publicly released
June 10, 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

This Chief Counsel Advice addresses which form a surviving limited liability company should use to extend the assessment statute expiration date in a particular case. It agrees that the surviving LLC should execute Form 872, following the procedure in IRM 4.10.13.3.3.4(1). It also states that the surviving LLC is not a transferee and therefore should not execute Form 977. The advice says a formal memorandum will follow.

Ruling snapshot

  • Question: Should a surviving LLC use Form 872 or Form 977 to extend the ASED?
  • Outcome: Advice given.
  • Key authorities: IRC § 6901; IRM 4.10.13.3.3.4(1); Forms 872 and 977.

Full text (IRS public release)

ID: CCA_2011050614374746 Number: 201123032
Release Date: 6/10/2011
Office: ----------------------------
UILC: 6901.03-01

From: --------------------
Sent: Friday, May 06, 2011 14:37:48
To: ------------------
Cc: --------------------------------------
Subject: ASED form question

Dear -----------

You propose using Form 872 to extend the ASED in this case, and we agree that is the correct form. The surviving LLC should execute Form 872 in the manner specified in IRM 4.10.13.3.3.4(1). It is not a transferee and should not execute Form 977.

We will follow up with a formal memo. Meanwhile, please email with any questions.

Thank you,
--------

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