Ezel / IRS Rulings / 201241008

IRS advises on signing a TEFRA statute extension for an LLC serving as TMP

Number
201241008
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Extension by Agreement
Topics
Procedure, penalties, and administration
Code sections
§ 6229
Ruling dated
August 22, 2012
Publicly released
October 12, 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

The Office of Chief Counsel addressed who should sign a TEFRA statute extension when a limited liability company acts as the tax matters partner for a TEFRA partnership. The advice states that the signature line should be the same as for a tax matters partner that is not a disregarded entity. It cites Revenue Ruling 2004-88 and an IRS notice concerning a person signing for a tax matters partner that is a state-law entity.

Ruling snapshot

  • Question: Who should sign a TEFRA statute extension when an LLC signs as the tax matters partner for a TEFRA partnership?
  • Outcome: Advice given
  • Key authorities: IRC § 6229; Rev. Rul. 2004-88; CC Notice CC-2009-027

Full text (IRS public release)

ID: CCA_2012082208155837 Number: 201241008
Release Date: 10/12/2012
Office: ---------
UILC: 6229.02-00

From: --------------------
Sent: Wednesday, August 22, 2012 8:16:18 AM
To: ------------------
Cc: ------------
Subject: RE: TEFRA Question on TMP signing when TMP is a Pass Through entity

The signature line on a TEFRA statute extension for an LLC signing as TMP for a TEFRA partnership would be the same as for a TMP that is not a disregarded entity. See Rev. Rul. 2004-88 (disregarded entity is TMP as a separate entity) and the attached Notice, Page 10 person signing for a TMP that is a state law entity).

Attachment: CC Notice CC-2009-027
(Aug. 21, 2009)

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