Definitions and Special Rules

ID:
Office:
UILC:
CCA_2010071613515654
---
6231.00-00
Number: 201052013
Release Date: 12/30/2010
From: ---
Sent: Friday, July 16, 2010 1:51:59 PM
To: ---
Cc: ---
Subject: RE: DAT Question
The TEFRA partnership provisions apply only with regards to "partnerships" as defined by section 6231(a)(1), which generally defines "partnership" by reference to section 6031(a), which provides in relevant part: "Every partnership (as defined in section 761(a)) shall make a return for each taxable year … " Section 761(a) defines the term "partnership" as a syndicate, group, pool, joint venture, or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on, and which is not a corporation, trust, or estate. Thus, to the extent that the Service is addressing a trust that is NOT required to file a partnership return ( F1065), the entity is NOT subject to the TEFRA partnership provisions. We defer to ------ regarding interpretation and application of section 761(a).