Partner

ID:
Office:
UILC:
CCA_2010060315294537
---
6231.02-00
Number: 201027056
Release Date: 7/9/2010
From: ---
Sent: Thursday, June 03, 2010 3:29:56 PM
To: ---
Cc: ---
Subject: RE: Roth IRA as a TEFRA Partner-Extension of the Statute
The TEFRA entity has no statute of limitations and is not a party to a TEFRA proceeding which is, in essence, a type of class action audit of the partners. See Chef's Choice v. Commissioner. So if the statute is open for any partner we can conduct a TEFRA proceeding that will affect only those partners whose statute is open.
Under Blonien (Tax Court) and Katz (10th Cir) the determination of the correct partners is a partnership item. Under Grigoraci (T.C. Memo.) its an affected item. Under Hang (Tax Court) and Alpha/Sands (Claims Court) it is a nonpartnership item. ---------