Additional Administration Provisions

ID: CCA_2011120512473537 Number: 201149025
Release Date: 12/9/2011
Office: ---
UILC: 6230.00-00
From: ---
Sent: Monday, December 05, 2011 12:47:41 PM
To: ---
Cc: ---
Subject: RE: Opinion needed on statutes for a Tefra linked investor which is a Joint Committee case
Yes. As explained by a recent opinion of the Federal Circuit in Bush v. U.S., - F.3d - (Fed. Cir. 2011) , a no change to partnership items at the partnership level still results in a "computational adjustment" of partnership items at the partner level that can be assessed or refunded under section 6230(a) or (c). For instance, if a partner files inconsistently with a partnership return under section 6222, we may issue a no change FPAA in order to make a computational adjustment to that partner. Cf. Harbor Cove v.
Commissioner (partner disagreed with no change FPAA).