Partnership Item

ID:
Office:
UILC:
CCA_2010060810435754
---
6231.03-00
Number: 201028031
Release Date: 7/16/2010
From: ---
Sent: Tuesday, June 08, 2010 10:44:00 AM
To: ---
Cc: ---
Subject: RE: IRC 1446 QUESTIONS.
1) Yes, the partnership entity is, under these circumstances, the taxpayer. The Service should use F870-P
2) Yes, the adjustments should still appear in the FPAA. They are adjustments to partnership items that may, indirectly, affect the liability of the other "partners".
3) Yes, see #2.
4) Yes, see #2. The liability of the partnership entity for withholding is a partnership item.
5) As stated above, we take the position that the withholding is a partnership item. To the extent that a Court, in an FPAA proceeding determines that the withholding is an affected item, section 6229(d) will have tolled the limitations period to issue the affected item notice of deficiency.
6) Yes.