Ezel / IRS Rulings / 1138043
Chief Counsel Advice 1138043 Released September 23, 2011 Advice

CCA 1138043: Section 6708 applies to list-maintenance failures before and after the 2004 amendments

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This page covers one taxpayer's ruling from 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 resolved one taxpayer's situation on its specific facts, 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 the effective scope of the penalty under IRC § 6708 for failing to maintain lists required by IRC § 6112(a). The advice concluded that section 6708 applies to every person required to maintain such a list, both before and after the 2004 amendments to section 6112(a). It relied on Notice 2004-80 and the technical explanation of the amendment, which describe the penalty as covering both current-law material advisers and organizers or sellers covered by the prior law.

Ruling snapshot

  • Question: Does the IRC § 6708 penalty apply to list-maintenance failures occurring before and after the 2004 amendments to IRC § 6112(a)?
  • Outcome: advice given
  • Key authorities: IRC §§ 6708 and 6112(a); Notice 2004-80, 2004-2 C.B. 963

Full text (IRS public release)

ID: CCA_2011082508182654 Number: 201138043
Release Date: 9/23/2011
Office: --------------
UILC: 6708.00-00

From: --------------------------
Sent: Thursday, August 25, 2011 8:18:49 AM
To: ----------------------
Cc: ----------------------------------------
Subject: RE: Section 6708 and effective dates

No, section 6708 applies to any person required to maintain a list under section 6112(a), both
before and after the 2004 amendments to section 6112(a). See Notice 2004-80, 2004-2 C.B. 963;
Technical Explanation of the Revenue Provisions of H.R. 4440, JCX-88-05, at pages 87-88 ("The
provision clarifies that the penalty under section 6708 for failing to comply with the section 6112
list maintenance requirements applies to both (1) material advisors with respect to reportable
transactions under present-law section 6112, and (2) organizers and sellers of potentially abusive
tax shelters under prior-law section 6112.").

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