Ezel / IRS Rulings / 201210034

CCA 201210034: Special allocation agreement reallocation is a partnership item

Number
201210034
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Partnership Item
Topics
Procedure, penalties, and administration
Code sections
§ 6231, § 6110
Ruling dated
February 1, 2012
Publicly released
March 9, 2012
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 2012, 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 2012
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 states that reallocating partnership items under a partnership special allocation agreement is itself a partnership item under Treas. Reg. § 301.6231(a)(3)-1(a). The reallocation must be reflected in the Final Partnership Administrative Adjustment for it to have effect. The advice describes that requirement as the minimum needed on the stated facts.

Ruling snapshot

  • Question: How must a reallocation under a partnership special allocation agreement be treated in an FPAA?
  • Outcome: Advice given.
  • Key authorities: IRC § 6231; Treas. Reg. § 301.6231(a)(3)-1(a).

Full text (IRS public release)

ID: CCA_2012020108440237 Number: 201210034
Release Date: 3/9/2012
Office: ----------
UILC: 6231.03-00

From: --------------------
Sent: Wednesday, February 01, 2012 8:44:10 AM
To: -------------------------
Cc: ------------
Subject: RE: Issue

Reallocation of partnership items in accordance with the partnership special allocation agreement is a
partnership item under Treas. Reg. 301.6231(a)(3)-1(a) that must be reflected in the FPAA in order to
have effect. I understand that the FPAA has done that. That is the bare minimum that is required.

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