Legislación

US (United States) Code. Title 26. Subtitle F: Procedure and Administration. Chapter 63: Assessment

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

26 USC CHAPTER 63 - ASSESSMENT 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

-HEAD-

CHAPTER 63 - ASSESSMENT

-MISC1-

Subchapter Sec.(!1)

A. In general 6201

B. Deficiency procedures in the case of income, estate,

gift, and certain excise taxes 6211

C. Tax treatment of partnership items 6221

D. Treatment of electing large partnerships 6240

AMENDMENTS

1997 - Pub. L. 105-34, title XII, Sec. 1222(c), Aug. 5, 1997, 111

Stat. 1019, added item for subchapter D.

1996 - Pub. L. 104-188, title I, Sec. 1307(c)(3)(C), Aug. 20,

1996, 110 Stat. 1782, struck out item for subchapter D "Tax

treatment of subchapter S items".

1982 - Pub. L. 97-354, Sec. 4(b), Oct. 19, 1982, 96 Stat. 1692,

added item for subchapter D.

Pub. L. 97-248, title IV, Sec. 402(b), Sept. 3, 1982, 96 Stat.

667, added item for subchapter C.

1969 - Pub. L. 91-172, title I, Sec. 101(j)(63), Dec. 30, 1969,

83 Stat. 532, inserted reference to certain excise taxes in item

for subchapter B.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6867, 7801 of this title.

-FOOTNOTE-

(!1) Section numbers editorially supplied.

-End-

-CITE-

26 USC Subchapter A - In General 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

SUBCHAPTER A - IN GENERAL

-MISC1-

Sec.

6201. Assessment authority.

6202. Establishment by regulations of mode or time of

assessment.

6203. Method of assessment.

6204. Supplemental assessments.

6205. Special rules applicable to certain employment taxes.

6206. Special rules applicable to excessive claims under

sections 6420, 6421, and 6427.

6207. Cross references.

AMENDMENTS

1983 - Pub. L. 97-424, title V, Sec. 515(b)(3)(B), Jan. 6, 1983,

96 Stat. 2181, struck out reference to section 6424 in item 6206.

1970 - Pub. L. 91-258, title II, Sec. 207(d)(11), May 21, 1970,

84 Stat. 249, inserted reference to section 6427 in item 6206.

1965 - Pub. L. 89-44, title II, Sec. 202(c)(2)(B), June 21, 1965,

79 Stat. 139, substituted "6420, 6421, and 6424" for "6420 and

6421" in item 6206.

1956 - Act June 29, 1956, ch. 462, title II, Sec. 208(e)(3), 70

Stat. 397, substituted "sections 6420 and 6421" for "section 6420"

in item 6206.

Act Apr. 2, 1956, ch. 160, Sec. 4(b)(2), 70 Stat. 91, inserted

item "6206. Special rules applicable to excessive claims under

section 6420", and renumbered former item 6206 as 6207.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7851 of this title.

-End-

-CITE-

26 USC Sec. 6201 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6201. Assessment authority

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized and required to make the inquiries,

determinations, and assessments of all taxes (including interest,

additional amounts, additions to the tax, and assessable penalties)

imposed by this title, or accruing under any former internal

revenue law, which have not been duly paid by stamp at the time and

in the manner provided by law. Such authority shall extend to and

include the following:

(1) Taxes shown on return

The Secretary shall assess all taxes determined by the taxpayer

or by the Secretary as to which returns or lists are made under

this title.

(2) Unpaid taxes payable by stamp

(A) Omitted stamps

Whenever any article upon which a tax is required to be paid

by means of a stamp is sold or removed for sale or use by the

manufacturer thereof or whenever any transaction or act upon

which a tax is required to be paid by means of a stamp occurs

without the use of the proper stamp, it shall be the duty of

the Secretary, upon such information as he can obtain, to

estimate the amount of tax which has been omitted to be paid

and to make assessment therefor upon the person or persons the

Secretary determines to be liable for such tax.

(B) Check or money order not duly paid

In any case in which a check or money order received under

authority of section 6311 as payment for stamps is not duly

paid, the unpaid amount may be immediately assessed as if it

were a tax imposed by this title, due at the time of such

receipt, from the person who tendered such check or money

order.

(3) Erroneous income tax prepayment credits

If on any return or claim for refund of income taxes under

subtitle A there is an overstatement of the credit for income tax

withheld at the source, or of the amount paid as estimated income

tax, the amount so overstated which is allowed against the tax

shown on the return or which is allowed as a credit or refund may

be assessed by the Secretary in the same manner as in the case of

a mathematical or clerical error appearing upon the return,

except that the provisions of section 6213(b)(2) (relating to

abatement of mathematical or clerical error assessments) shall

not apply with regard to any assessment under this paragraph.

(b) Amount not to be assessed

(1) Estimated income tax

No unpaid amount of estimated income tax required to be paid

under section 6654 or 6655 shall be assessed.

(2) Federal unemployment tax

No unpaid amount of Federal unemployment tax for any calendar

quarter or other period of a calendar year, computed as provided

in section 6157, shall be assessed.

Any income tax under chapter 1 assessed against a child, to the

extent attributable to amounts includible in the gross income of

the child, and not of the parent, solely by reason of section

73(a), shall, if not paid by the child, for all purposes be

considered as having also been properly assessed against the

parent.

(d) Required reasonable verification of information returns

In any court proceeding, if a taxpayer asserts a reasonable

dispute with respect to any item of income reported on an

information return filed with the Secretary under subpart B or C of

part III of subchapter A of chapter 61 by a third party and the

taxpayer has fully cooperated with the Secretary (including

providing, within a reasonable period of time, access to and

inspection of all witnesses, information, and documents within the

control of the taxpayer as reasonably requested by the Secretary),

the Secretary shall have the burden of producing reasonable and

probative information concerning such deficiency in addition to

such information return.

(e) Deficiency proceedings

For special rules applicable to deficiencies of income,

estate, gift, and certain excise taxes, see subchapter B.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 767; Pub. L. 89-44, title VIII,

Sec. 809(d)(4)(A), June 21, 1965, 79 Stat. 168; Pub. L. 91-53, Sec.

2(b), Aug. 7, 1969, 83 Stat. 92; Pub. L. 91-172, title I, Sec.

101(j)(38), Dec. 30, 1969, 83 Stat. 530; Pub. L. 91-258, title II,

Sec. 207(d)(1), (2), May 21, 1970, 84 Stat. 248; Pub. L. 93-406,

title II, Sec. 1016(a)(8), Sept. 2, 1974, 88 Stat. 929; Pub. L.

94-12, title II, Sec. 204(b)(2), Mar. 29, 1975, 89 Stat. 31; Pub.

L. 94-455, title XII, Sec. 1206(c)(2), title XIII, Sec.

1307(d)(2)(D), title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90

Stat. 1704, 1727, 1834; Pub. L. 97-424, title V, Sec. 515(b)(6)(E),

Jan. 6, 1983, 96 Stat. 2182; Pub. L. 98-76, title II, Sec.

231(b)(2)(A), Aug. 12, 1983, 97 Stat. 429; Pub. L. 98-369, div. A,

title IV, Secs. 412(b)(5), 474(r)(32), July 18, 1984, 98 Stat. 792,

845; Pub. L. 100-203, title X, Sec. 10301(b)(3), Dec. 22, 1987, 101

Stat. 1330-429; Pub. L. 100-647, title I, Sec. 1015(r)(1), title

VII, Sec. 7106(c)(2), Nov. 10, 1988, 102 Stat. 3572, 3773; Pub. L.

104-168, title VI, Sec. 602(a), July 30, 1996, 110 Stat. 1463.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (d), (e). Pub. L. 104-168 added subsec. (d) and

redesignated former subsec. (d) as (e).

1988 - Subsec. (a)(4). Pub. L. 100-647, Sec. 1015(r)(1), struck

out par. (4) which read as follows: "If on any return or claim for

refund of income taxes under subtitle A there is an overstatement

of the credit allowable by section 34 (relating to certain uses of

gasoline and special fuels) or section 32 (relating to earned

income), the amount so overstated which is allowed against the tax

shown on the return or which is allowed as a credit or refund may

be assessed by the Secretary in the same manner as in the case of a

mathematical or clerical error appearing upon the return, except

that the provisions of section 6213(b)(2) (relating to abatement of

mathematical or clerical error assessments) shall not apply with

regard to any assessment under this paragraph."

Subsec. (b)(2). Pub. L. 100-647, Sec. 7106(c)(2), struck out "or

tax imposed by section 3321" after "employment tax".

1987 - Subsec. (b)(1). Pub. L. 100-203 substituted "section 6654

or 6655" for "section 6154 or 6654".

1984 - Subsec. (a)(4). Pub. L. 98-369, Sec. 474(r)(32),

substituted "section 32 or 34" for "section 39 or 43" in heading,

and in text substituted "section 34" for "section 39" and "section

32" for "section 43".

Subsec. (b)(1). Pub. L. 98-369, Sec. 412(b)(5), amended par. (1)

generally, substituting "estimated income tax required to be paid

under section 6154 or 6654" for "estimated tax under section 6153

or 6154".

1983 - Subsec. (a)(4). Pub. L. 97-424 substituted "and special

fuels" for ", special fuels, and lubricating oil" after "gasoline".

Subsec. (b)(2). Pub. L. 98-76 substituted "Federal unemployment

tax or tax imposed by section 3321" for "Federal unemployment tax".

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck

out "or his delegate" after "Secretary".

Subsec. (a)(3), (4). Pub. L. 94-455, Secs. 1206(c)(2),

1906(b)(13)(A), struck out "or his delegate" after "Secretary",

substituted "mathematical or clerical error" for "mathematical

error" after "the case of", and inserted ", except that the

provisions of section 6213(b)(2) (relating to abatement of

mathematical or clerical error assessments) shall not apply with

regard to any assessment under this paragraph" after "upon the

return".

Subsec. (d). Pub. L. 94-455, Sec. 1307(d)(2)(D), substituted "and

certain excise taxes" for "chapter 42, and chapter 43 taxes" after

"estate, gift".

1975 - Subsec. (a)(4). Pub. L. 94-12 inserted reference to

section 43 in heading and substituted "oil) or section 43 (relating

to earned income)," for "oil)," in text.

1974 - Subsec. (d). Pub. L. 93-406 inserted reference to chapter

43 taxes.

1970 - Subsec. (a)(4). Pub. L. 91-258 inserted provision for

overstatement of credit allowable by section 39 (relating to

certain uses of special fuels) in text and substituted "under

section 39" for "for use of gasoline" in heading.

1969 - Subsec. (b). Pub. L. 91-53 added subsec. (b) heading and

par. (2), and redesignated former subsec. (b), including its

heading, as par. (1).

Subsec. (d). Pub. L. 91-172 inserted reference to chapter 42

taxes.

1965 - Subsec. (a)(4). Pub. L. 89-44 added par. (4).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 602(b) of Pub. L. 104-168 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [July 30, 1996]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1015(r)(4) of Pub. L. 100-647 provided that: "The

amendments made by this subsection [amending this section and

sections 6211 and 6213 of this title] shall apply to notices of

deficiencies mailed after the date of the enactment of this Act

[Nov. 10, 1988]."

Amendment by section 7106(c)(2) of Pub. L. 100-647 applicable to

remuneration paid after Dec. 31, 1988, see section 7106(d) of Pub.

L. 100-647, set out as a note under section 3321 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-203 applicable to taxable years

beginning after Dec. 31, 1987, see section 10301(c) of Pub. L.

100-203, set out as a note under section 585 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 412(b)(5) of Pub. L. 98-369 applicable with

respect to taxable years beginning after Dec. 31, 1984, see section

414(a)(1) of Pub. L. 98-369, set out as a note under section 6654

of this title.

Amendment by section 474(r)(32) of Pub. L. 98-369 applicable to

taxable years beginning after Dec. 31, 1983, and to carrybacks from

such years, see section 475(a) of Pub. L. 98-369, set out as a note

under section 21 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 98-76 applicable to remuneration paid after

June 30, 1986, see section 231(d) of Pub. L. 98-76, set out as an

Effective Date note under section 3321 of this title.

Amendment by Pub. L. 97-424 applicable with respect to articles

sold after Jan. 6, 1983, see section 515(c) of Pub. L. 97-424, set

out as a note under section 34 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 1206(c)(2) of Pub. L. 94-455 applicable with

respect to returns filed after Dec. 31, 1976, see section 1206(d)

of Pub. L. 94-455, set out as a note under section 6213 of this

title.

Amendment by section 1307(d)(2)(D) of Pub. L. 94-455 effective on

and after Oct. 4, 1976, see section 1307(e) of Pub. L. 94-455, set

out as a note under section 501 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-12 applicable to taxable years beginning

after Dec. 31, 1974, see section 209(b) of Pub. L. 94-12, as

amended, set out as a note under section 32 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable, except as otherwise

provided in section 1017(c) through (i) of Pub. L. 93-406, for plan

years beginning after Sept. 2, 1974, but, in the case of plans in

existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable

for plan years beginning after Dec. 31, 1975, see section 1017 of

Pub. L. 93-406, set out as an Effective Date; Transitional Rules

note under section 410 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-258 effective July 1, 1970, see section

211(a) of Pub. L. 91-258, set out as a note under section 4041 of

this title.

EFFECTIVE DATE OF 1969 AMENDMENTS

Amendment by Pub. L. 91-172 effective Jan. 1, 1970, see section

101(k)(1) of Pub. L. 91-172, set out as an Effective Date note

under section 4940 of this title.

Amendment by Pub. L. 91-53 applicable with respect to calendar

years beginning after Dec. 31, 1969, see section 4(a) of Pub. L.

91-53, set out as an Effective Date note under section 6157 of this

title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-44 applicable to taxable years beginning

on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set

out as a note under section 6420 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 73, 5007, 6213 of this

title.

-End-

-CITE-

26 USC Sec. 6202 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6202. Establishment by regulations of mode or time of

assessment

-STATUTE-

If the mode or time for the assessment of any internal revenue

tax (including interest, additional amounts, additions to the tax,

and assessable penalties) is not otherwise provided for, the

Secretary may establish the same by regulations.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 768; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary".

-End-

-CITE-

26 USC Sec. 6203 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6203. Method of assessment

-STATUTE-

The assessment shall be made by recording the liability of the

taxpayer in the office of the Secretary in accordance with rules or

regulations prescribed by the Secretary. Upon request of the

taxpayer, the Secretary shall furnish the taxpayer a copy of the

record of the assessment.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 768; Pub. L. 94-455, title XIX,

Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-455 struck out "or his delegate" after

"Secretary" wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6303 of this title.

-End-

-CITE-

26 USC Sec. 6204 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6204. Supplemental assessments

-STATUTE-

(a) General rule

The Secretary may, at any time within the period prescribed for

assessment, make a supplemental assessment whenever it is

ascertained that any assessment is imperfect or incomplete in any

material respect.

(b) Restrictions on assessment

For restrictions on assessment of deficiencies in income,

estate, gift, and certain excise taxes, see section 6213.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 768; Pub. L. 93-406, title II,

Sec. 1016(a)(27), Sept. 2, 1974, 88 Stat. 932; Pub. L. 94-455,

title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

-MISC1-

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-455 struck out "or his delegate"

after "Secretary".

1974 - Subsec. (b). Pub. L. 93-406 substituted "gift, and certain

excise taxes" for "and gift taxes".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable, except as otherwise

provided in section 1017(c) through (i) of Pub. L. 93-406, for plan

years beginning after Sept. 2, 1974, and, in the case of plans in

existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable

for plan years beginning after Dec. 31, 1975, see section 1017 of

Pub. L. 93-406, set out as an Effective Date; Transitional Rules

note under section 410 of this title.

-End-

-CITE-

26 USC Sec. 6205 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6205. Special rules applicable to certain employment taxes

-STATUTE-

(a) Adjustment of tax

(1) General rule

If less than the correct amount of tax imposed by section 3101,

3111, 3201, 3221, or 3402 is paid with respect to any payment of

wages or compensation, proper adjustments, with respect to both

the tax and the amount to be deducted, shall be made, without

interest, in such manner and at such times as the Secretary may

by regulations prescribe.

(2) United States as employer

For purposes of this subsection, in the case of remuneration

received from the United States or a wholly-owned instrumentality

thereof during any calendar year, each head of a Federal agency

or instrumentality who makes a return pursuant to section 3122

and each agent, designated by the head of a Federal agency or

instrumentality, who makes a return pursuant to such section

shall be deemed a separate employer.

(3) Guam or American Samoa as employer

For purposes of this subsection, in the case of remuneration

received during any calendar year from the Government of Guam,

the Government of American Samoa, a political subdivision of

either, or any instrumentality of any one or more of the

foregoing which is wholly owned thereby, the Governor of Guam,

the Governor of American Samoa, and each agent designated by

either who makes a return pursuant to section 3125 shall be

deemed a separate employer.

(4) District of Columbia as employer

For purposes of this subsection, in the case of remuneration

received during any calendar year from the District of Columbia

or any instrumentality which is wholly owned thereby, the Mayor

of the District of Columbia and each agent designated by him who

makes a return pursuant to section 3125 shall be deemed a

separate employer.

(5) States and political subdivisions as employer

For purposes of this subsection, in the case of remuneration

received from a State or any political subdivision thereof (or

any instrumentality of any one or more of the foregoing which is

wholly owned thereby) during any calendar year, each head of an

agency or instrumentality, and each agent designated by either,

who makes a return pursuant to section 3125 shall be deemed a

separate employer.

(b) Underpayments

If less than the correct amount of tax imposed by section 3101,

3111, 3201, 3221, or 3402 is paid or deducted with respect to any

payment of wages or compensation and the underpayment cannot be

adjusted under subsection (a) of this section, the amount of the

underpayment shall be assessed and collected in such manner and at

such times (subject to the statute of limitations properly

applicable thereto) as the Secretary may by regulations prescribe.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 768; Pub. L. 86-778, title I,

Sec. 103(r)(1), Sept. 13, 1960, 74 Stat. 940; Pub. L. 89-97, title

III, Sec. 317(d), July 30, 1965, 79 Stat. 389; Pub. L. 94-455,

title XIX, Sec. 1906(a)(13), (b)(13)(A), Oct. 4, 1976, 90 Stat.

1825, 1834; Pub. L. 99-272, title XIII, Sec. 13205(a)(2)(D), Apr.

7, 1986, 100 Stat. 315.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a)(5). Pub. L. 99-272 added par. (5).

1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 1906(b)(13)(A),

struck out "or his delegate" after "Secretary".

Subsec. (a)(4). Pub. L. 94-455, Sec. 1906(a)(13), substituted

"Mayor of the District of Columbia and each agent designated by

him" for "Commissioners of the District of Columbia and each agent

designated by them" after "owned thereby, the".

Subsec. (b). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or

his delegate" after "Secretary".

1965 - Subsec. (a)(4). Pub. L. 89-97 added par. (4).

1960 - Subsec. (a)(3). Pub. L. 86-778 added par. (3).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-272 applicable to services performed

after Mar. 31, 1986, see section 13205(d)(1) of Pub. L. 99-272, set

out as a note under section 3121 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-455 effective on first day of first month

which begins more than 90 days after Oct. 4, 1976, see section

1906(d)(1) of Pub. L. 94-455, set out as a note under section 6013

of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-97 applicable with respect to services

performed after quarter ending Sept. 30, 1965, and after quarter in

which Secretary of the Treasury receives a certification from

Commissioners of District of Columbia expressing their desire to

have insurance system established by sections 401 et seq. and 1395c

et seq. of Title 42, The Public Health and Welfare, extended to

officers and employees coming under provisions of such amendments,

see section 317(g) of Pub. L. 89-97, set out as a note under

section 410 of Title 42.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-778 applicable only with respect to (1)

service in the employ of the Government of Guam or any political

subdivision thereof, or any instrumentality of any one or more of

the foregoing wholly owned thereby, which is performed after 1960

and after the calendar quarter in which the Secretary of the

Treasury receives a certification by the Governor of Guam that

legislation has been enacted by the Government of Guam expressing

its desire to have the insurance system established by title II of

the Social Security Act, section 401 et seq. of Title 42, The

Public Health and Welfare, extended to the officers and employees

of such Government and such political subdivisions and

instrumentalities, and (2) service in the employ of the Government

of American Samoa or any political subdivision thereof or any

instrumentality of any one or more of the foregoing wholly owned

thereby, which is performed after 1960 and after the calendar

quarter in which the Secretary of the Treasury receives a

certification by the Governor of American Samoa that the Government

of American Samoa desires to have the insurance system established

by title II of the Social Security Act, section 401 et seq. of

Title 42, extended to the officers and employees of such Government

and such political subdivisions and instrumentalities, see section

103(v)(1) of Pub. L. 86-778, set out as a note under section 402 of

Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6601 of this title.

-End-

-CITE-

26 USC Sec. 6206 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6206. Special rules applicable to excessive claims under

sections 6420, 6421, and 6427

-STATUTE-

Any portion of a payment made under section 6420, 6421, or 6427

which constitutes an excessive amount (as defined in section

6675(b)), and any civil penalty provided by section 6675, may be

assessed and collected as if it were a tax imposed by section 4081

(with respect to payments under sections 6420 and 6421), or 4041,

4081, or 4091 (with respect to payments under section 6427) and as

if the person who made the claim were liable for such tax. The

period for assessing any such portion, and for assessing any such

penalty, shall be 3 years from the last day prescribed for the

filing of the claim under section 6420, 6421, or 6427, as the case

may be.

-SOURCE-

(Added Apr. 2, 1956, ch. 160, Sec. 4(b)(1), 70 Stat. 90; amended

June 29, 1956, ch. 462, title II, Sec. 208(d)(1), 70 Stat. 396;

Pub. L. 89-44, title II, Sec. 202(c)(2)(A), June 21, 1965, 79 Stat.

139; Pub. L. 91-258, title II, Sec. 207(d)(3), May 21, 1970, 84

Stat. 248; Pub. L. 97-424, title V, Sec. 515(b)(3)(A), Jan. 6,

1983, 96 Stat. 2181; Pub. L. 100-203, title X, Sec. 10502(d)(5),

Dec. 22, 1987, 101 Stat. 1330-444; Pub. L. 103-66, title XIII, Sec.

13242(d)(14), Aug. 10, 1993, 107 Stat. 524.)

-MISC1-

PRIOR PROVISIONS

A prior section 6206 was renumbered 6207 of this title.

AMENDMENTS

1993 - Pub. L. 103-66 substituted "4041, 4081, or 4091" for "4041

or 4091".

1987 - Pub. L. 100-203 substituted "or 4041 or 4091" for "or

4041".

1983 - Pub. L. 97-424 struck out reference to section 6424 in

section catchline, and in text struck out "4091 (with respect to

payments under section 6424)," after "6421),", and "6424," wherever

appearing.

1970 - Pub. L. 91-258 inserted reference to section 6427 in

section catchline, inserted reference to section 6427 in first and

second sentences, and substituted "by section 4081 (with respect to

payments under sections 6420 and 6421), 4091 (with respect to

payments under section 6424), or 4041 (with respect to payments

under section 6427)" for "by section 4081 (or, in the case of

lubricating oil, by section 4091)", in first sentence,

respectively.

1965 - Pub. L. 89-44 struck out "6420 and 6421" wherever

appearing in section catchline and text and substituted therefor

"6420, 6421, and 6424" and inserted "(or, in the case of

lubricating oil, by section 4091)" after "4081" in text.

1956 - Act June 29, 1956, inserted reference to excessive claims

under section 6421 in section catchline and text.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective Jan. 1, 1994, see section

13242(e) of Pub. L. 103-66, set out as a note under section 4041 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-203 applicable to sales after Mar. 31,

1988, see section 10502(e) of Pub. L. 100-203, set out as a note

under section 40 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-424 applicable with respect to articles

sold after Jan. 6, 1983, see section 515(c) of Pub. L. 97-424, set

out as a note under section 34 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-258 effective July 1, 1970, see section

211(a) of Pub. L. 91-258, set out as a note under section 4041 of

this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-44 effective Jan. 1, 1966, see section

701(a)(1), (2) of Pub. L. 89-44, set out as a note under section

4161 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act June 29, 1956, effective June 29, 1956, see

section 211 of act June 29, 1956, set out as a note under section

4041 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6504, 6675 of this title.

-End-

-CITE-

26 USC Sec. 6207 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter A - In General

-HEAD-

Sec. 6207. Cross references

-STATUTE-

(1) For prohibition of suits to restrain assessment of any

tax, see section 7421.

(2) For prohibition of assessment of taxes against insolvent

banks, see section 7507.

(3) For assessment where property subject to tax has been

sold in a distraint proceeding without the tax having been

assessed prior to such sale, see section 6342.

(4) For assessment with respect to taxes required to be paid

by chapter 52, see section 5703.

(5) For assessment in case of distilled spirits removed from

place where distilled and not deposited in bonded warehouse,

see section 5006(c).

(6) For period of limitation upon assessment, see chapter 66.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 769, Sec. 6206; renumbered Sec.

6207, Apr. 2, 1956, ch. 160, Sec. 4(b)(1), 70 Stat. 90; amended

Pub. L. 85-859, title II, Sec. 204(2), (3), Sept. 2, 1958, 72 Stat.

1428; Pub. L. 94-455, title XIX, Sec. 1906(a)(14), Oct. 4, 1976, 90

Stat. 1825.)

-MISC1-

AMENDMENTS

1976 - Par. (7). Pub. L. 94-455 struck out par. (7) relating to

cross reference for assessment under the provisions of the Tariff

Act of 1930.

1958 - Par. (4). Pub. L. 85-859, Sec. 204(2), substituted "with

respect to taxes required to be paid by chapter 52, see section

5703" for "in case of sale or removal of tobacco, snuff, cigars,

and cigarettes without the use of the proper stamps, see section

5703(d)".

Pars. (6) to (9). Pub. L. 85-859, Sec. 204(3), redesignated pars.

(8) and (9) as (6) and (7), respectively, and struck out former

pars. (6) and (7) which contained cross references relating to

assessments in case of certain spirits subject to excessive leakage

and to assessment of deficiencies in production of distilled

spirits.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-859 effective Sept. 3, 1958, see section

210(a)(1) of Pub. L. 85-859, set out as an Effective Date note

under section 5001 of this title.

-End-

-CITE-

26 USC Subchapter B - Deficiency Procedures in the Case

of Income, Estate, Gift, and

Certain Excise Taxes 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

SUBCHAPTER B - DEFICIENCY PROCEDURES IN THE CASE OF INCOME, ESTATE,

GIFT, AND CERTAIN EXCISE TAXES

-MISC1-

Sec.

6211. Definition of a deficiency.

6212. Notice of deficiency.

6213. Restrictions applicable to deficiencies; petition to

Tax Court.

6214. Determinations by Tax Court.

6215. Assessment of deficiency found by Tax Court.

6216. Cross references.

AMENDMENTS

1969 - Pub. L. 91-172, title I, Sec. 101(j)(62), Dec. 30, 1969,

83 Stat. 532, inserted reference to certain excise taxes in

subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 32, 6230, 6234, 6241,

6601, 6662, 6665, 6677, 6679, 6682, 6693, 6696, 6697, 6698, 6703,

6706, 6713, 6716, 7463, 7611 of this title.

-End-

-CITE-

26 USC Sec. 6211 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

Sec. 6211. Definition of a deficiency

-STATUTE-

(a) In general

For purposes of this title in the case of income, estate, and

gift taxes imposed by subtitles A and B and excise taxes imposed by

chapters 41, 42, 43, and 44 the term "deficiency" means the amount

by which the tax imposed by subtitle A or B, or chapter 41, 42, 43,

or 44 exceeds the excess of -

(1) the sum of

(A) the amount shown as the tax by the taxpayer upon his

return, if a return was made by the taxpayer and an amount was

shown as the tax by the taxpayer thereon, plus

(B) the amounts previously assessed (or collected without

assessment) as a deficiency, over -

(2) the amount of rebates, as defined in subsection (b)(2),

made.

(b) Rules for application of subsection (a)

For purposes of this section -

(1) The tax imposed by subtitle A and the tax shown on the

return shall both be determined without regard to payments on

account of estimated tax, without regard to the credit under

section 31, without regard to the credit under section 33, and

without regard to any credits resulting from the collection of

amounts assessed under section 6851 or 6852 (relating to

termination assessments).

(2) The term "rebate" means so much of an abatement, credit,

refund, or other repayment, as was made on the ground that the

tax imposed by subtitle A or B or chapter 41, 42, 43, or 44 was

less than the excess of the amount specified in subsection (a)(1)

over the rebates previously made.

(3) The computation by the Secretary, pursuant to section 6014,

of the tax imposed by chapter 1 shall be considered as having

been made by the taxpayer and the tax so computed considered as

shown by the taxpayer upon his return.

(4) For purposes of subsection (a) -

(A) any excess of the sum of the credits allowable under

sections 24(d), 32, and 34 over the tax imposed by subtitle A

(determined without regard to such credits), and

(B) any excess of the sum of such credits as shown by the

taxpayer on his return over the amount shown as the tax by the

taxpayer on such return (determined without regard to such

credits),

shall be taken into account as negative amounts of tax.

In determining the amount of any deficiency for purposes of this

subchapter, adjustments to partnership items shall be made only as

provided in subchapters C and D.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 770; Pub. L. 89-44, title VIII,

Sec. 809(d)(5)(A), June 21, 1965, 79 Stat. 168; Pub. L. 89-368,

title I, Sec. 102(b)(4), Mar. 15, 1966, 80 Stat. 64; Pub. L.

91-172, title I, Sec. 101(f)(1), (j)(39), Dec. 30, 1969, 83 Stat.

524, 530; Pub. L. 93-406, title II, Sec. 1016(a)(9), Sept. 2, 1974,

88 Stat. 929; Pub. L. 94-455, title XII, Sec. 1204(c)(4), title

XIII, Sec. 1307(d)(2)(E), (F)(i), title XVI, Sec. 1605(b)(4), title

XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1698, 1728, 1754,

1834; Pub. L. 96-223, title I, Sec. 101(f)(1)(A), (B), (2), (3),

Apr. 2, 1980, 94 Stat. 252; Pub. L. 98-369, div. A, title IV, Sec.

474(r)(33), July 18, 1984, 98 Stat. 845; Pub. L. 100-203, title X,

Sec. 10713(b)(2)(B), Dec. 22, 1987, 101 Stat. 1330-470; Pub. L.

100-418, title I, Sec. 1941(b)(2)(B)(i), (ii), (C), (D), Aug. 23,

1988, 102 Stat. 1323; Pub. L. 100-647, title I, Sec. 1015(r)(2),

Nov. 10, 1988, 102 Stat. 3572; Pub. L. 105-34, title XII, Sec.

1231(b), Aug. 5, 1997, 111 Stat. 1023; Pub. L. 105-206, title VI,

Sec. 6012(f), July 22, 1998, 112 Stat. 819; Pub. L. 106-554, Sec.

1(a)(7) [title III, Sec. 314(a)], Dec. 21, 2000, 114 Stat. 2763,

2763A-643.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(4)(A). Pub. L. 106-554 substituted "sections

24(d), 32, and 34" for "sections 32 and 34".

1998 - Subsec. (c). Pub. L. 105-206 substituted "subchapters C

and D" for "subchapter C" in heading and in text.

1997 - Subsec. (c). Pub. L. 105-34 added subsec. (c).

1988 - Subsec. (a). Pub. L. 100-418, Sec. 1941(b)(2)(B)(i), (C),

in introductory provisions, substituted "and 44" for "44, and 45"

and "or 44" for "44, or 45".

Subsec. (b)(2). Pub. L. 100-418, Sec. 1941(b)(2)(B)(ii),

substituted "or 44" for "44, or 45".

Subsec. (b)(4). Pub. L. 100-647, Sec. 1015(r)(2), amended par.

(4) generally. Prior to amendment, par. (4) read as follows: "The

tax imposed by subtitle A and the tax shown on the return shall

both be determined without regard to the credit under section 34,

unless, without regard to such credit, the tax imposed by subtitle

A exceeds the excess of the amount specified in subsection (a)(1)

over the amount specified in subsection (a)(2)."

Subsec. (b)(5), (6). Pub. L. 100-418, Sec. 1941(b)(2)(D), struck

out pars. (5) and (6) which read as follows:

"(5) The amount withheld under section 4995(a) from amounts

payable to any producer for crude oil removed during any taxable

period (as defined in section 4996(b)(7)) which is not otherwise

shown on a return by such producer shall be treated as tax shown by

the producer on a return for the taxable period.

"(6) Any liability to pay amounts required to be withheld under

section 4995(a) shall not be treated as a tax imposed by chapter

45."

1987 - Subsec. (b)(1). Pub. L. 100-203 inserted reference to

section 6852.

1984 - Subsec. (b)(1). Pub. L. 98-369, Sec. 474(r)(33)(A),

substituted "without regard to the credit under section 33" for

"without regard to so much of the credit under section 32 as

exceeds 2 percent of the interest on obligations described in

section 1451".

Subsec. (b)(4). Pub. L. 98-369, Sec. 474(r)(33)(B), substituted

"section 34" for "section 39".

1980 - Subsec. (a). Pub. L. 96-223, Sec. 101(f)(1)(A), (2),

inserted references to chapter 45 in provisions preceding par. (1).

Subsec. (b)(2). Pub. L. 96-223, Sec. 101(f)(1)(B), inserted

reference to chapter 45.

Subsec. (b)(5), (6). Pub. L. 96-223, Sec. 101(f)(3), added pars.

(5) and (6).

1976 - Subsec. (a). Pub. L. 94-455, Secs. 1307(d)(2)(E), (F)(i),

1605(b)(4)(A), (B), substituted "chapters 41, 42, 43, and 44" for

"chapters 42 and 43" after "taxes imposed by" and "chapter 41, 42,

43, or 44" for "chapter 42 or 43" after "A or B, or".

Subsec. (b)(1). Pub. L. 94-455, Sec. 1204(c)(4), struck out "and"

after "31" and inserted ", and without regard to any credits

resulting from the collection of amounts assessed under section

6851 (relating to termination assessments)" after "section 1451".

Subsec. (b)(2). Pub. L. 94-455, Secs. 1307(d)(2)(F)(i),

1605(b)(4)(C), substituted "chapter 41, 42, 43, or 44" for "chapter

42 or 43" after "A or B or".

Subsec. (b)(3). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out

"or his delegate" after "Secretary".

1974 - Subsec. (a). Pub. L. 93-406, Sec. 1016(a)(9)(A), inserted

reference in introductory provisions to taxes imposed by chapter

43.

Subsec. (b)(2). Pub. L. 93-406, Sec. 1016(a)(9)(B), inserted

reference to taxes imposed by chapter 43.

1969 - Subsec. (a). Pub. L. 91-172, Sec. 101(f)(1), inserted

references to excise taxes and chapter 42.

Subsec. (b)(2). Pub. L. 91-172, Sec. 101(j)(39), inserted

reference to chapter 42.

1966 - Subsec. (b)(1). Pub. L. 89-368 substituted "subtitle A"

for "chapter 1".

1965 - Subsec. (b)(4). Pub. L. 89-44 added par. (4).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-554 effective as if included in the

provisions of the Taxpayer Relief Act of 1997, Pub. L. 105-34, to

which such amendment relates, see section 1(a)(7) [title III, Sec.

314(g)] of Pub. L. 106-554, set out as a note under section 56 of

this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-206 effective, except as otherwise

provided, as if included in the provisions of the Taxpayer Relief

Act of 1997, Pub. L. 105-34, to which such amendment relates, see

section 6024 of Pub. L. 105-206, set out as a note under section 1

of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1231(d) of Pub. L. 105-34 provided that: "The amendments

made by this section [enacting section 6234 of this title and

amending this section] shall apply to partnership taxable years

ending after the date of the enactment of this Act [Aug. 5, 1997]."

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable to notices of

deficiencies mailed after Nov. 10, 1988, see section 1015(r)(4) of

Pub. L. 100-647, set out as a note under section 6201 of this

title.

Amendment by Pub. L. 100-418 applicable to crude oil removed from

the premises on or after Aug. 23, 1988, see section 1941(c) of Pub.

L. 100-418, set out as a note under section 164 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable to taxable years beginning

after Dec. 31, 1983, and to carrybacks from such years, see section

475(a) of Pub. L. 98-369, set out as a note under section 21 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,

1980, see section 101(i) of Pub. L. 96-223, set out as a note under

section 6161 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 1204(c)(4) of Pub. L. 94-455 applicable to

action taken under section 6851, 6861, or 6862 of this title where

the notice and demand takes place after Feb. 28, 1977, see section

1204(d) of Pub. L. 94-455, as amended, set out as a note under

section 6851 of this title.

Amendment by section 1307(d)(2)(E), (F)(i) of Pub. L. 94-455

effective on and after Oct. 4, 1976, see section 1307(e)(6) of Pub.

L. 94-455, set out as a note under section 501 of this title.

For effective date of amendment by section 1605(b)(4) of Pub. L.

94-455, see section 1608(d)(1) of Pub. L. 94-455, set out as a note

under section 856 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable, except as otherwise

provided in section 1017(c) through (i) of Pub. L. 93-406, for plan

years beginning after Sept. 2, 1974, but, in the case of plans in

existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable

for plan years beginning after Dec. 31, 1975, see section 1017 of

Pub. L. 93-406, set out as an Effective Date; Transitional Rules

note under section 410 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 effective Jan. 1, 1970, see section

101(k)(1) of Pub. L. 91-172, set out as an Effective Date note

under section 4940 of this title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-368 applicable with respect to taxable

years beginning after Dec. 31, 1966, see section 102(d) of Pub. L.

89-368, set out as a note under section 6654 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-44 applicable to taxable years beginning

on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set

out as a note under section 6420 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1314, 6213, 6234, 6503,

6601, 6662, 6665, 6861 of this title.

-End-

-CITE-

26 USC Sec. 6212 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

Sec. 6212. Notice of deficiency

-STATUTE-

(a) In general

If the Secretary determines that there is a deficiency in respect

of any tax imposed by subtitles A or B or chapter 41, 42, 43, or 44

he is authorized to send notice of such deficiency to the taxpayer

by certified mail or registered mail. Such notice shall include a

notice to the taxpayer of the taxpayer's right to contact a local

office of the taxpayer advocate and the location and phone number

of the appropriate office.

(b) Address for notice of deficiency

(1) Income and gift taxes and certain excise taxes

In the absence of notice to the Secretary under section 6903 of

the existence of a fiduciary relationship, notice of a deficiency

in respect of a tax imposed by subtitle A, chapter 12, chapter

41, chapter 42, chapter 43, or chapter 44 if mailed to the

taxpayer at his last known address, shall be sufficient for

purposes of subtitle A, chapter 12, chapter 41, chapter 42,

chapter 43, chapter 44, and this chapter even if such taxpayer is

deceased, or is under a legal disability, or, in the case of a

corporation, has terminated its existence.

(2) Joint income tax return

In the case of a joint income tax return filed by husband and

wife, such notice of deficiency may be a single joint notice,

except that if the Secretary has been notified by either spouse

that separate residences have been established, then, in lieu of

the single joint notice, a duplicate original of the joint notice

shall be sent by certified mail or registered mail to each spouse

at his last known address.

(3) Estate tax

In the absence of notice to the Secretary under section 6903 of

the existence of a fiduciary relationship, notice of a deficiency

in respect of a tax imposed by chapter 11, if addressed in the

name of the decedent or other person subject to liability and

mailed to his last known address, shall be sufficient for

purposes of chapter 11 and of this chapter.

(1) General rule

If the Secretary has mailed to the taxpayer a notice of

deficiency as provided in subsection (a), and the taxpayer files

a petition with the Tax Court within the time prescribed in

section 6213(a), the Secretary shall have no right to determine

any additional deficiency of income tax for the same taxable

year, of gift tax for the same calendar year, of estate tax in

respect of the taxable estate of the same decedent, of chapter 41

tax for the same taxable year, of chapter 43 tax for the same

taxable year, of chapter 44 tax for the same taxable year, of

section 4940 tax for the same taxable year, or of chapter 42 tax,

(other than under section 4940) with respect to any act (or

failure to act) to which such petition relates, except in the

case of fraud, and except as provided in section 6214(a)

(relating to assertion of greater deficiencies before the Tax

Court), in section 6213(b)(1) (relating to mathematical or

clerical errors), in section 6851 or 6852 (relating to

termination assessments), or in section 6861(c) (relating to the

making of jeopardy assessments).

(2) Cross references

For assessment as a deficiency notwithstanding the

prohibition of further deficiency letters, in the case of -

(A) Deficiency attributable to change of treatment with

respect to itemized deductions, see section 63(e)(3).

(B) Deficiency attributable to gain on involuntary

conversion, see section 1033(a)(2)(C) and (D).

for profit, see section 183(e)(4).

For provisions allowing determination of tax in title 11

cases, see section 505(a) of title 11 of the United States

Code.

(d) Authority to rescind notice of deficiency with taxpayer's

consent

The Secretary may, with the consent of the taxpayer, rescind any

notice of deficiency mailed to the taxpayer. Any notice so

rescinded shall not be treated as a notice of deficiency for

purposes of subsection (c)(1) (relating to further deficiency

letters restricted), section 6213(a) (relating to restrictions

applicable to deficiencies; petition to Tax Court), and section

6512(a) (relating to limitations in case of petition to Tax Court),

and the taxpayer shall have no right to file a petition with the

Tax Court based on such notice. Nothing in this subsection shall

affect any suspension of the running of any period of limitations

during any period during which the rescinded notice was

outstanding.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 770; Pub. L. 85-866, title I,

Secs. 76, 89(b), Sept. 2, 1958, 72 Stat. 1661, 1665; Pub. L.

88-272, title I, Sec. 112(d)(1), Feb. 26, 1964, 78 Stat. 24; Pub.

L. 91-172, title I, Sec. 101(f)(2), (j)(40), (41), Dec. 30, 1969,

83 Stat. 524, 530; Pub. L. 91-614, title I, Sec. 102(d)(5), Dec.

31, 1970, 84 Stat. 1842; Pub. L. 93-406, title II, Sec.

1016(a)(10), Sept. 2, 1974, 88 Stat. 930; Pub. L. 94-455, title II,

Sec. 214(b), title XII, Secs. 1204(c)(5), 1206(c)(3), title XIII,

Sec. 1307(d)(2)(F)(ii), (G), title XVI, Sec. 1605(b)(5), title XIX,

Secs. 1901(b)(31)(C), (37)(C), 1906(b)(13)(A), Oct. 4, 1976, 90

Stat. 1549, 1698, 1704, 1728, 1754, 1800, 1803, 1834; Pub. L.

95-30, title I, Sec. 101(d)(15), May 23, 1977, 91 Stat. 134; Pub.

L. 95-600, title IV, Sec. 405(c)(5), title VII, Sec. 701(t)(3)(C),

Nov. 6, 1978, 92 Stat. 2871, 2912; Pub. L. 96-223, title I, Sec.

101(f)(1)(C), (4), (5), Apr. 2, 1980, 94 Stat. 252, 253; Pub. L.

96-589, Sec. 6(d)(2), Dec. 24, 1980, 94 Stat. 3408; Pub. L. 97-34,

title IV, Sec. 442(d)(4), Aug. 13, 1981, 95 Stat. 323; Pub. L.

99-514, title I, Sec. 104(b)(17), title XV, Sec. 1562(a), Oct. 22,

1986, 100 Stat. 2106, 2761; Pub. L. 100-203, title X, Sec.

10713(b)(2)(C), Dec. 22, 1987, 101 Stat. 1330-470; Pub. L. 100-418,

title I, Sec. 1941(b)(2)(B)(iii), (E), (F), Aug. 23, 1988, 102

Stat. 1323; Pub. L. 100-647, title I, Sec. 1015(m), Nov. 10, 1988,

102 Stat. 3572; Pub. L. 105-34, title III, Sec. 312(d)(12), Aug. 5,

1997, 111 Stat. 840; Pub. L. 105-206, title I, Sec. 1102(b), July

22, 1998, 112 Stat. 703.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-206 inserted at end "Such notice

shall include a notice to the taxpayer of the taxpayer's right to

contact a local office of the taxpayer advocate and the location

and phone number of the appropriate office."

1997 - Subsec. (c)(2)(C) to (E). Pub. L. 105-34, which directed

the amendment of par. (2) by striking out subpar. (C) and

redesignating succeeding subpars. accordingly, was executed by

redesignating subpar. (E) as (C) and striking out former subpar.

(C). Prior to amendment, subpar. (C) read as follows: "Deficiency

attributable to gain on sale or exchange of principal residence,

see section 1034(j)." Former subpar. (D) was repealed previously.

1988 - Subsec. (a). Pub. L. 100-418, Sec. 1941(b)(2)(B)(iii),

substituted "or 44" for "44, or 45".

Subsec. (b)(1). Pub. L. 100-418, Sec. 1941(b)(2)(E), substituted

"or chapter 44" for "chapter 44, or chapter 45" and "chapter 44,

and this chapter" for "chapter 44, chapter 45, and this chapter".

Subsec. (c)(1). Pub. L. 100-418, Sec. 1941(b)(2)(F), substituted

"or of chapter 42 tax" for "of chapter 42 tax" and struck out ", or

of chapter 45 tax for the same taxable period" after "such petition

relates".

Subsec. (d). Pub. L. 100-647 inserted sentence at end that

nothing in this subsection shall affect suspension of running of

period of limitations during period during which rescinded notice

was outstanding.

1987 - Subsec. (c)(1). Pub. L. 100-203 inserted reference to

section 6852.

1986 - Subsec. (c)(2)(A). Pub. L. 99-514, Sec. 104(b)(17),

amended subpar. (A) generally, substituting ", see section

63(e)(3)" for "and zero bracket amount, see section 63(g)(5)".

Subsec. (d). Pub. L. 99-514, Sec. 1562(a), added subsec. (d).

1981 - Subsec. (c)(1). Pub. L. 97-34 substituted "calendar year"

for "calendar quarter".

1980 - Subsec. (a). Pub. L. 96-223, Sec. 101(f)(1)(C), inserted

reference to chapter 45.

Subsec. (b)(1). Pub. L. 96-223, Sec. 101(f)(4), substituted "and

certain excise taxes" for "taxes imposed by chapter 42" in section

catchline and inserted references to chapter 45 in two places in

text.

Subsec. (c)(1). Pub. L. 96-223, Sec. 101(f)(5), substituted "of

chapter 42 tax" for "or of chapter 42 tax" and inserted ", or of

chapter 45 tax for the same taxable period" after "to which such

petition relates".

Subsec. (c)(2). Pub. L. 96-589 inserted cross reference to

section 505(a) of title 11 for provisions allowing determination of

tax in title 11 cases.

1978 - Subsec. (c)(1). Pub. L. 95-600, Sec. 701(t)(3)(C),

substituted "same taxable year" for "same taxable years" in two

places.

Subsec. (c)(2)(C). Pub. L. 95-600, Sec. 405(c)(5), substituted

"principal residence" for "personal residence".

1977 - Subsec. (c)(2)(A). Pub. L. 95-30 substituted "change of

treatment with respect to itemized deductions and zero bracket

amount, see section 63(g)(5)" for "change of election with respect

to the standard deduction where taxpayer and his spouse made

separate returns, see section 144(b)".

1976 - Subsec. (a). Pub. L. 94-455, Secs. 1307(d)(2)(F)(ii),

1605(b)(5)(A), 1906(b)(13)(A), struck out "or his delegate" after

"Secretary", and substituted "chapter 41, 42, 43, or 44" for

"chapter 42 or 43".

Subsec. (b)(1). Pub. L. 94-455, Secs. 1307(d)(2)(G)(i),

1605(b)(5)(B), (C), 1906(b)(13)(A), struck out "or his delegate"

after "Secretary", and substituted "chapter 41, chapter 42, chapter

43, or chapter 44" for "chapter 42, or chapter 43", and "chapter

41, chapter 42, chapter 43, chapter 44, and this chapter" for

"chapter 42, chapter 43, and this chapter".

Subsec. (c)(1). Pub. L. 94-455, Secs. 1204(c)(5), 1206(c)(3),

1307(d)(2)(G)(ii), 1605(b)(5)(D), 1906(b)(13)(A), struck out "or

his delegate" after "Secretary" wherever appearing, substituted "of

chapter 41 tax for the same taxable year, of chapter 43 tax for the

same taxable years, of chapter 44 tax for the same taxable years"

for "of chapter 43 tax for the same taxable years", and "(relating

to mathematical or clerical errors), in section 6851 (relating to

termination assessments)" for "(relating to mathematical errors)".

Subsec. (c)(2)(B). Pub. L. 94-455, Sec. 1901(b)(31)(C),

substituted "1033(a)(2)(C) and (D)" for "1033(a)(3)(C) and (D)".

Subsec. (c)(2)(D). Pub. L. 94-455, Sec. 1901(b)(37)(C), struck

out subsec. (c)(2)(D) which set forth a cross reference to section

1335 of this title relating to a deficiency attributable to war

loss recoveries where prior benefit rule is elected.

Subsec. (c)(2)(E). Pub. L. 94-455, Sec. 214(b), added subpar.

(E).

1974 - Subsec. (a). Pub. L. 93-406, Sec. 1016(a)(10)(A), inserted

reference to taxes imposed by chapter 43.

Subsec. (b)(1). Pub. L. 93-406, Sec. 1016(a)(10)(B), (C),

inserted reference to chapter 43 in two places.

Subsec. (c)(1). Pub. L. 93-406, Sec. 1016(a)(10)(D), substituted

"of the same decedent, of chapter 43 tax for the same taxable

years," for "of the same decedent,".

1970 - Subsec. (c)(1). Pub. L. 91-614 substituted "calendar

quarter" for "calendar year".

1969 - Subsec. (a). Pub. L. 91-172, Sec. 101(j)(40), inserted

reference to chapter 42.

Subsec. (b)(1). Pub. L. 91-172, Sec. 101(j)(41), inserted

reference to chapter 42 taxes in heading and text.

Subsec. (c)(1). Pub. L. 91-172, Sec. 101(f)(2), included section

4940 tax and chapter 42 tax (other than under section 4940), among

the classes of taxes with respect to which the Secretary cannot

determine additional deficiencies after the taxpayer has filed a

petition for redetermination of any deficiency about which he has

been notified.

1964 - Subsec. (c)(2)(A). Pub. L. 88-272 substituted "with

respect to the" for "to take".

1958 - Subsec. (a). Pub. L. 85-866, Sec. 89(b), inserted

"certified mail or" before "registered mail".

Subsec. (b)(1). Pub. L. 85-866, Sec. 76, substituted "subtitle A

or chapter 12" for "chapter 1 or 12" and "subtitle A, chapter 12,"

for "such chapter".

Subsec. (b)(2). Pub. L. 85-866, Sec. 89(b), inserted "certified

mail or" before "registered mail".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-34 applicable to sales and exchanges

after May 6, 1997, with certain exceptions, see section 312(d) of

Pub. L. 105-34, set out as a note under section 121 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

Amendment by Pub. L. 100-418 applicable to crude oil removed from

the premises on or after Aug. 23, 1988, see section 1941(c) of Pub.

L. 100-418, set out as a note under section 164 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 104(b)(17) of Pub. L. 99-514 applicable to

taxable years beginning after Dec. 31, 1986, see section 151(a) of

Pub. L. 99-514, set out as a note under section 1 of this title.

Section 1562(b) of Pub. L. 99-514 provided that: "The amendment

made by this section [amending this section] shall apply to notices

of deficiency issued on or after January 1, 1986."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-34 applicable with respect to gifts made

after Dec. 31, 1981, see section 442(e) of Pub. L. 97-34, set out

as a note under section 2501 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-589 effective Oct. 1, 1979, but not

applicable to proceedings under title 11, Bankruptcy, commenced

before Oct. 1, 1979, see section 7(e) of Pub. L. 96-589, set out as

a note under section 108 of this title.

Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,

1980, see section 101(i) of Pub. L. 96-223, set out as a note under

section 6161 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 405(c)(5) of Pub. L. 95-600 applicable to

sales and exchanges of residences after July 26, 1978, in taxable

years ending after such date, see section 405(d) of Pub. L. 95-600,

set out as a note under section 1038 of this title.

Amendment by section 701(t)(3)(C) of Pub. L. 95-600 effective

Oct. 4, 1976, see section 701(t)(5) of Pub. L. 95-600, set out as a

note under section 859 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-30 applicable to taxable years beginning

after Dec. 31, 1976, see section 106(a) of Pub. L. 95-30, set out

as a note under section 1 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 214(b) of Pub. L. 94-455 applicable to

taxable years beginning after Dec. 31, 1969, except that such

amendments shall not apply to any taxable year ending before Oct.

4, 1976 with respect to which the period for assessing a deficiency

has expired before Oct. 4, 1976, see section 214(c) of Pub. L.

94-455, set out as a note under section 183 of this title.

Amendment by section 1204(c)(5) of Pub. L. 94-455 applicable with

respect to action taken under section 6851, 6861, or 6862 of this

title where the notice and demand takes place after Feb. 28, 1977,

see section 1204(d) of Pub. L. 94-455, as amended, set out as a

note under section 6851 of this title.

Amendment by section 1206(c)(3) of Pub. L. 94-455 applicable to

returns filed after Dec. 31, 1976, see section 1206(d) of Pub. L.

94-455, set out as a note under section 6213 of this title.

Amendment by section 1307(d)(2)(F)(ii), (G) of Pub. L. 94-455

effective on and after Oct. 4, 1976, see section 1307(e)(6) of Pub.

L. 94-455, set out as a note under section 501 of this title.

For effective date of amendment by section 1605(b)(5) of Pub. L.

94-455, see section 1608(d) of Pub. L. 94-455, set out as a note

under section 856 of this title.

Amendment by section 1901(b)(31)(C), (37)(C) of Pub. L. 94-455

applicable to taxable years beginning after Dec. 31, 1976, see

section 1901(d) of Pub. L. 94-455, set out as a note under section

2 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable, except as otherwise

provided in section 1017(c) through (i) of Pub. L. 93-406, for plan

years beginning after Sept. 2, 1974, but, in the case of plans in

existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable

for plan years beginning after Dec. 31, 1975, see section 1017 of

Pub. L. 93-406, set out as an Effective Date; Transitional Rules

note under section 410 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-614 applicable with respect to gifts made

after Dec. 31, 1970, see section 102(e) of Pub. L. 91-614, set out

as a note under section 2501 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 effective Jan. 1, 1970, see section

101(k)(1) of Pub. L. 91-172, set out as an Effective Date note

under section 4940 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-272, except for purposes of section 21 of

this title, effective with respect to taxable years beginning after

Dec. 31, 1963, see section 131 of Pub. L. 88-272, set out as a note

under section 1 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 76 of Pub. L. 85-866 effective Aug. 17,

1954, see section 1(c)(2) of Pub. L. 85-866, set out as a note

under section 165 of this title.

Amendment by section 89(b) of Pub. L. 85-866 applicable only if

mailing occurs after Sept. 2, 1958, see section 89(d) of Pub. L.

85-866, set out as a note under section 7502 of this title.

NOTICE OF DEFICIENCY TO SPECIFY DEADLINES FOR FILING TAX COURT

PETITION

Pub. L. 105-206, title III, Sec. 3463(a), July 22, 1998, 112

Stat. 767, provided that: "The Secretary of the Treasury or the

Secretary's delegate shall include on each notice of deficiency

under section 6212 of the Internal Revenue Code of 1986 the date

determined by such Secretary (or delegate) as the last day on which

the taxpayer may file a petition with the Tax Court."

[Section 3463(a) of Pub. L. 105-206, set out above, applicable to

notices mailed after Dec. 31, 1998, see section 3463(c) of Pub. L.

105-206, set out as an Effective Date of 1998 Amendment note under

section 6213 of this title.]

EXPLANATIONS OF APPEALS AND COLLECTION PROCESS

Pub. L. 105-206, title III, Sec. 3504, July 22, 1998, 112 Stat.

771, provided that: "The Secretary of the Treasury or the

Secretary's delegate shall, as soon as practicable, but not later

than 180 days after the date of the enactment of this Act [July 22,

1998], include with any first letter of proposed deficiency which

allows the taxpayer an opportunity for administrative review in the

Internal Revenue Service Office of Appeals an explanation of the

entire process from examination through collection with respect to

such proposed deficiency, including the assistance available to the

taxpayer from the National Taxpayer Advocate at various points in

the process."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1033, 1311, 2513, 4941,

4942, 4943, 4945, 4951, 4952, 4955, 4958, 4963, 4975, 6013, 6040,

6155, 6213, 6234, 6404, 6503, 6512, 6621, 6672, 6851, 6861, 6901,

7421, 7422, 7463, 7522 of this title; title 29 section 1342.

-End-

-CITE-

26 USC Sec. 6213 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

Sec. 6213. Restrictions applicable to deficiencies; petition to Tax

Court

-STATUTE-

(a) Time for filing petition and restriction on assessment

Within 90 days, or 150 days if the notice is addressed to a

person outside the United States, after the notice of deficiency

authorized in section 6212 is mailed (not counting Saturday,

Sunday, or a legal holiday in the District of Columbia as the last

day), the taxpayer may file a petition with the Tax Court for a

redetermination of the deficiency. Except as otherwise provided in

section 6851, 6852, or 6861 no assessment of a deficiency in

respect of any tax imposed by subtitle A, or B, chapter 41, 42, 43,

or 44 and no levy or proceeding in court for its collection shall

be made, begun, or prosecuted until such notice has been mailed to

the taxpayer, nor until the expiration of such 90-day or 150-day

period, as the case may be, nor, if a petition has been filed with

the Tax Court, until the decision of the Tax Court has become

final. Notwithstanding the provisions of section 7421(a), the

making of such assessment or the beginning of such proceeding or

levy during the time such prohibition is in force may be enjoined

by a proceeding in the proper court, including the Tax Court, and a

refund may be ordered by such court of any amount collected within

the period during which the Secretary is prohibited from collecting

by levy or through a proceeding in court under the provisions of

this subsection. The Tax Court shall have no jurisdiction to enjoin

any action or proceeding or order any refund under this subsection

unless a timely petition for a redetermination of the deficiency

has been filed and then only in respect of the deficiency that is

the subject of such petition. Any petition filed with the Tax Court

on or before the last date specified for filing such petition by

the Secretary in the notice of deficiency shall be treated as

timely filed.

(b) Exceptions to restrictions on assessment

(1) Assessments arising out of mathematical or clerical errors

If the taxpayer is notified that, on account of a mathematical

or clerical error appearing on the return, an amount of tax in

excess of that shown on the return is due, and that an assessment

of the tax has been or will be made on the basis of what would

have been the correct amount of tax but for the mathematical or

clerical error, such notice shall not be considered as a notice

of deficiency for the purposes of subsection (a) (prohibiting

assessment and collection until notice of the deficiency has been

mailed), or of section 6212(c)(1) (restricting further deficiency

letters), or of section 6512(a) (prohibiting credits or refunds

after petition to the Tax Court), and the taxpayer shall have no

right to file a petition with the Tax Court based on such notice,

nor shall such assessment or collection be prohibited by the

provisions of subsection (a) of this section. Each notice under

this paragraph shall set forth the error alleged and an

explanation thereof.

(2) Abatement of assessment of mathematical or clerical errors

(A) Request for abatement

Notwithstanding section 6404(b), a taxpayer may file with the

Secretary within 60 days after notice is sent under paragraph

(1) a request for an abatement of any assessment specified in

such notice, and upon receipt of such request, the Secretary

shall abate the assessment. Any reassessment of the tax with

respect to which an abatement is made under this subparagraph

shall be subject to the deficiency procedures prescribed by

this subchapter.

(B) Stay of collection

In the case of any assessment referred to in paragraph (1),

notwithstanding paragraph (1), no levy or proceeding in court

for the collection of such assessment shall be made, begun, or

prosecuted during the period in which such assessment may be

abated under this paragraph.

(3) Assessments arising out of tentative carryback or refund

adjustments

If the Secretary determines that the amount applied, credited,

or refunded under section 6411 is in excess of the overassessment

attributable to the carryback or the amount described in section

1341(b)(1) with respect to which such amount was applied,

credited, or refunded, he may assess without regard to the

provisions of paragraph (2) the amount of the excess as a

deficiency as if it were due to a mathematical or clerical error

appearing on the return.

(4) Assessment of amount paid

Any amount paid as a tax or in respect of a tax may be assessed

upon the receipt of such payment notwithstanding the provisions

of subsection (a). In any case where such amount is paid after

the mailing of a notice of deficiency under section 6212, such

payment shall not deprive the Tax Court of jurisdiction over such

deficiency determined under section 6211 without regard to such

assessment.

If the taxpayer does not file a petition with the Tax Court

within the time prescribed in subsection (a), the deficiency,

notice of which has been mailed to the taxpayer, shall be assessed,

and shall be paid upon notice and demand from the Secretary.

(d) Waiver of restrictions

The taxpayer shall at any time (whether or not a notice of

deficiency has been issued) have the right, by a signed notice in

writing filed with the Secretary, to waive the restrictions

provided in subsection (a) on the assessment and collection of the

whole or any part of the deficiency.

(e) Suspension of filing period for certain excise taxes

The running of the time prescribed by subsection (a) for filing a

petition in the Tax Court with respect to the taxes imposed by

section 4941 (relating to taxes on self-dealing), 4942 (relating to

taxes on failure to distribute income), 4943 (relating to taxes on

excess business holdings), 4944 (relating to investments which

jeopardize charitable purpose), 4945 (relating to taxes on taxable

expenditures), 4951 (relating to taxes on self-dealing), or 4952

(relating to taxes on taxable expenditures), 4955 (relating to

taxes on political expenditures), 4958 (relating to private excess

benefit), 4971 (relating to excise taxes on failure to meet minimum

funding standard), 4975 (relating to excise taxes on prohibited

transactions) shall be suspended for any period during which the

Secretary has extended the time allowed for making correction under

section 4963(e).

(f) Coordination with title 11

(1) Suspension of running of period for filing petition in title

11 cases

In any case under title 11 of the United States Code, the

running of the time prescribed by subsection (a) for filing a

petition in the Tax Court with respect to any deficiency shall be

suspended for the period during which the debtor is prohibited by

reason of such case from filing a petition in the Tax Court with

respect to such deficiency, and for 60 days thereafter.

(2) Certain action not taken into account

For purposes of the second and third sentences of subsection

(a), the filing of a proof of claim or request for payment (or

the taking of any other action) in a case under title 11 of the

United States Code shall not be treated as action prohibited by

such second sentence.

(g) Definitions

For purposes of this section -

(1) Return

The term "return" includes any return, statement, schedule, or

list, and any amendment or supplement thereto, filed with respect

to any tax imposed by subtitle A or B, or chapter 41, 42, 43, or

44.

(2) Mathematical or clerical error

The term "mathematical or clerical error" means -

(A) an error in addition, subtraction, multiplication, or

division shown on any return,

(B) an incorrect use of any table provided by the Internal

Revenue Service with respect to any return if such incorrect

use is apparent from the existence of other information on the

return,

with another entry of the same or another item on such return,

(D) an omission of information which is required to be

supplied on the return to substantiate an entry on the return,

(E) an entry on a return of a deduction or credit in an

amount which exceeds a statutory limit imposed by subtitle A or

B, or chapter 41, 42, 43, or 44, if such limit is expressed -

(i) as a specified monetary amount, or

(ii) as a percentage, ratio, or fraction,

and if the items entering into the application of such limit

appear on such return,

(F) an omission of a correct taxpayer identification number

required under section 32 (relating to the earned income

credit) to be included on a return,

(G) an entry on a return claiming the credit under section 32

with respect to net earnings from self-employment described in

section 32(c)(2)(A) to the extent the tax imposed by section

1401 (relating to self-employment tax) on such net earnings has

not been paid,

(H) an omission of a correct TIN required under section 21

(relating to expenses for household and dependent care services

necessary for gainful employment) or section 151 (relating to

allowance of deductions for personal exemptions),

(I) an omission of a correct TIN required under section 24(e)

(relating to child tax credit) to be included on a return,

(J) an omission of a correct TIN required under section

25A(g)(1) (relating to higher education tuition and related

expenses) to be included on a return,

(K) an omission of information required by section 32(k)(2)

(relating to taxpayers making improper prior claims of earned

income credit), and

(L) the inclusion on a return of a TIN required to be

included on the return under section 21, 24, or 32 if -

(i) such TIN is of an individual whose age affects the

amount of the credit under such section, and

(ii) the computation of the credit on the return reflects

the treatment of such individual as being of an age different

from the individual's age based on such TIN.

A taxpayer shall be treated as having omitted a correct TIN for

purposes of the preceding sentence if information provided by the

taxpayer on the return with respect to the individual whose TIN

was provided differs from the information the Secretary obtains

from the person issuing the TIN.

(h) Cross references

(1) For assessment as if a mathematical error on the return,

in the case of erroneous claims for income tax prepayment

credits, see section 6201(a)(3).

(2) For assessments without regard to restrictions imposed by

this section in the case of -

(A) Recovery of foreign income taxes, see section 905(c).

(B) Recovery of foreign estate tax, see section 2016.

(3) For provisions relating to application of this subchapter

in the case of certain partnership items, etc., see section

6230(a).

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 771; Pub. L. 89-44, title VIII,

Sec. 809(d)(4)(B), June 21, 1965, 79 Stat. 168; Pub. L. 91-172,

title I, Sec. 101(f)(3), (j)(42), Dec. 30, 1969, 83 Stat. 524, 530;

Pub. L. 93-406, title II, Sec. 1016(a)(11), Sept. 2, 1974, 88 Stat.

930; Pub. L. 94-455, title XII, Secs. 1204(c)(6), 1206(a)-(c)(1),

title XIII, Sec. 1307(d)(2)(F)(iii), title XVI, Sec. 1605(b)(6),

title XIX, Secs. 1906(a)(15), (b)(13)(A), Oct. 4, 1976, 90 Stat.

1698, 1703, 1704, 1728, 1755, 1825, 1834; Pub. L. 95-227, Sec.

4(d)(1), (2), Feb. 10, 1978, 92 Stat. 23; Pub. L. 95-600, title V,

Sec. 504(b)(2), Nov. 6, 1978, 92 Stat. 2881; Pub. L. 96-223, title

I, Sec. 101(f)(1)(D), (E), Apr. 2, 1980, 94 Stat. 252; Pub. L.

96-589, Sec. 6(b)(1), Dec. 24, 1980, 94 Stat. 3407; Pub. L. 96-596,

Sec. 2(a)(4)(C), Dec. 24, 1980, 94 Stat. 3472; Pub. L. 97-248,

title IV, Sec. 402(c)(2), Sept. 3, 1982, 96 Stat. 667; Pub. L.

98-369, title III, Sec. 305(b)(4), title IV, Sec. 474(r)(34), July

18, 1984, 98 Stat. 784, 845; Pub. L. 99-514, title XVIII, Sec.

1875(d)(2)(B)(i), Oct. 22, 1986, 100 Stat. 2896; Pub. L. 100-203,

title X, Secs. 10712(c)(1), 10713(b)(2)(D), Dec. 22, 1987, 101

Stat. 1330-467, 1330-470; Pub. L. 100-418, title I, Sec.

1941(b)(2)(B)(iv), (v), Aug. 23, 1988, 102 Stat. 1323; Pub. L.

100-647, title I, Sec. 1015(r)(3), title VI, Sec. 6243(a), Nov. 10,

1988, 102 Stat. 3573, 3749; Pub. L. 101-239, title VII, Sec.

7811(k)(1), Dec. 19, 1989, 103 Stat. 2412; Pub. L. 104-168, title

XIII, Sec. 1311(c)(3), July 30, 1996, 110 Stat. 1478; Pub. L.

104-188, title I, Sec. 1615(c), Aug. 20, 1996, 110 Stat. 1853; Pub.

L. 104-193, title IV, Sec. 451(c), Aug. 22, 1996, 110 Stat. 2277;

Pub. L. 105-34, title I, Sec. 101(d)(2), title II, Sec. 201(b),

title X, Sec. 1085(a)(3), Aug. 5, 1997, 111 Stat. 799, 803, 956;

Pub. L. 105-206, title III, Secs. 3463(b), 3464(a), title VI, Sec.

6010(p)(3), July 22, 1998, 112 Stat. 767, 817; Pub. L. 105-277,

div. J, title III, Sec. 3003(a), (b), Oct. 21, 1998, 112 Stat.

2681-905; Pub. L. 107-16, title III, Sec. 303(g), June 7, 2001, 115

Stat. 56.)

-STATAMEND-

AMENDMENT OF SUBSECTION (G)(2)

Pub. L. 107-16, title III, Sec. 303(g), (i)(2), title IX, Sec.

901, June 7, 2001, 115 Stat. 56, 57, 150, provided that, effective

Jan. 1, 2004, subsection (g)(2) of this section is temporarily

amended by striking "and" at the end of subparagraph (K), by

striking the period at the end of subparagraph (L) and inserting ",

and", and by inserting after subparagraph (L) the following new

subparagraph:

(M) the entry on the return claiming the credit under section

32 with respect to a child if, according to the Federal Case

Registry of Child Support Orders established under section

453(h) of the Social Security Act, the taxpayer is a

noncustodial parent of such child.

See Effective and Termination Dates of 2001 Amendment note below.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-206, Sec. 3464(a), substituted ",

including the Tax Court, and a refund may be ordered by such court

of any amount collected within the period during which the

Secretary is prohibited from collecting by levy or through a

proceeding in court under the provisions of this subsection." for

", including the Tax Court." and "to enjoin any action or

proceeding or order any refund" for "to enjoin any action or

proceeding".

Pub. L. 105-206, Sec. 3463(b), inserted at end "Any petition

filed with the Tax Court on or before the last date specified for

filing such petition by the Secretary in the notice of deficiency

shall be treated as timely filed."

Subsec. (g)(2). Pub. L. 105-277, Sec. 3003(a), inserted

concluding provisions.

Subsec. (g)(2)(K). Pub. L. 105-206, Sec. 6010(p)(3), amended Pub.

L. 105-34, Sec. 1085(a)(3). See 1997 Amendment note below.

Subsec. (g)(2)(L). Pub. L. 105-277, Sec. 3003(b), added subpar.

(L).

1997 - Subsec. (g)(2)(I). Pub. L. 105-34, Sec. 101(d)(2), added

subpar. (I).

Subsec. (g)(2)(J). Pub. L. 105-34, Sec. 201(b), added subpar.

(J).

Subsec. (g)(2)(K). Pub. L. 105-34, Sec. 1085(a)(3), as amended by

Pub. L. 105-206, Sec. 6010(p)(3), added subpar. (K).

1996 - Subsec. (e). Pub. L. 104-168 inserted "4958 (relating to

private excess benefit)," before "4971".

Subsec. (g)(2)(F), (G). Pub. L. 104-193 added subpars. (F) and

(G).

Subsec. (g)(2)(H). Pub. L. 104-188 added subpar. (H).

1989 - Subsec. (h)(3), (4). Pub. L. 101-239 made technical

correction to directory language of Pub. L. 100-647, Sec.

1015(r)(3), see 1988 Amendment note below.

1988 - Subsec. (a). Pub. L. 100-647, Sec. 6243(a), substituted

for period at end ", including the Tax Court. The Tax Court shall

have no jurisdiction to enjoin any action or proceeding under this

subsection unless a timely petition for a redetermination of the

deficiency has been filed and then only in respect of the

deficiency that is the subject of such petition."

Pub. L. 100-418, Sec. 1941(b)(2)(B)(iv), substituted "or 44" for

"44, or 45".

Subsec. (g)(1), (2)(E). Pub. L. 100-418, Sec. 1941(b)(2)(B)(v),

substituted "or 44" for "44, or 45".

Subsec. (h)(3), (4). Pub. L. 100-647, Sec. 1015(r)(3), as amended

by Pub. L. 101-239, redesignated par. (4) as (3) and struck out

former par. (3) which read as follows: "For assessment as if a

mathematical error on the return, in the case of erroneous claims

for credits under section 32 or 34, see section 6201(a)(4)."

1987 - Subsec. (a). Pub. L. 100-203, Sec. 10713(b)(2)(D),

inserted reference to section 6852.

Subsec. (e). Pub. L. 100-203, Sec. 10712(c)(1), inserted "4955

(relating to taxes on political expenditures),".

1986 - Subsec. (h)(4). Pub. L. 99-514 amended par. (4) generally.

Prior to amendment, par. (4) read as follows: "For provision that

this subchapter shall not apply in the case of computational

adjustments attributable to partnership items, see section

6230(a)."

1984 - Subsec. (e). Pub. L. 98-369, Sec. 305(b)(4), substituted

"section 4963(e)" for "section 4962(e)".

Subsec. (h)(3). Pub. L. 98-369, Sec. 474(r)(34), substituted

"section 32 or 34" for "section 39".

1982 - Subsec. (h)(4). Pub. L. 97-248 added par. (4).

1980 - Subsec. (a). Pub. L. 96-223, Sec. 101(f)(1)(D), inserted

reference to chapter 45.

Subsec. (e). Pub. L. 96-596 substituted "section 4962(e)" for

"section 4941(e)(4), 4942(j)(2), 4943(d)(3), 4944(e)(3),

4945(i)(2), 4951(e)(4), 4952(e)(2), 4971(c)(3), or 4975(f)(6)".

Subsec. (f). Pub. L. 96-589 added subsec. (f). Former subsec. (f)

redesignated (g).

Subsec. (f)(1), (2)(E). Pub. L. 96-223, Sec. 101(f)(1)(E),

inserted reference to chapter 45.

Subsecs. (g), (h). Pub. L. 96-589 redesignated former subsecs.

(f) and (g) as (g) and (h), respectively.

1978 - Subsec. (b)(3). Pub. L. 95-600 inserted "or refund" after

"carryback" in heading, and "or the amount described in section

1341(b)(1)" after "carryback" in text.

Subsec. (e). Pub. L. 95-227, Sec. 4(d)(1), inserted provisions

relating to sections 4951 and 4952 of this title, and substituted

"4975(f)(6)" for "4975(f)(4)".

Subsec. (f). Pub. L. 95-227, Sec. 4(d)(2), inserted references to

chapters 41 and 44.

1976 - Subsec. (a). Pub. L. 94-455, Secs. 1204(c)(6),

1307(d)(2)(F)(iii), 1605(b)(6), 1906(a)(15), inserted "section 6851

or" before "section 6861" and references to chapter 41 and chapter

44 and substituted "United States" for "States of the Union and the

District of Columbia".

Subsec. (b)(1). Pub. L. 94-455, Sec. 1206(a)(2), substituted in

heading "Assessments arising out of mathematical or clerical

errors" for "Mathematical errors" and in text inserted "or

clerical" after "mathematical" in two places and inserted provision

that each notice under this paragraph shall set forth the error

alleged and an explanation thereof.

Subsec. (b)(2). Pub. L. 94-455, Sec. 1206(a)(2), added par. (2).

Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 94-455, Secs. 1206(a)(1), (c)(1),

1906(b)(13)(A), redesignated former par. (2) as (3), and as so

redesignated, struck out "or his delegate" after "Secretary" and

inserted "without regard to the provisions of paragraph (2)" after

"he may assess" and "or clerical" after "mathematical". Former par.

(3) redesignated (4).

Subsec. (b)(4). Pub. L. 94-455, Sec. 1206(a)(1), redesignated

former par. (3) as (4).

Subsecs. (c) to (e). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck

out "or his delegate" after "Secretary".

Subsecs. (f), (g). Pub. L. 94-455, Sec. 1206(b), added subsec.

(f) and redesignated former subsec. (f) as (g).

1974 - Subsec. (a). Pub. L. 93-406, Sec. 1016(a)(11)(A), inserted

reference to tax imposed by chapter 43.

Subsec. (e). Pub. L. 93-406, Sec. 1016(a)(11)(B)-(D), substituted

"excise taxes" for "chapter 42 taxes" in heading, and in text

substituted "4945 (relating to taxes on taxable expenditures), 4971

(relating to excise taxes on failure to meet minimum funding

standard), 4975 (relating to excise tax on prohibited

transactions)" for "or 4945 (relating to taxes on taxable

expenditures)" and ", 4945(i)(2), 4971(c)(3), or 4975(f)(4)" for

"or 4945(h)(2)".

1969 - Subsec. (a). Pub. L. 91-172, Sec. 101(j)(42), inserted

reference to chapter 42.

Subsecs. (e), (f). Pub. L. 91-172, Sec. 101(f)(3), added subsec.

(e) and redesignated former subsec. (e) as (f).

1965 - Subsec. (e)(3). Pub. L. 89-44 added par. (3).

EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT

Amendment by Pub. L. 107-16 effective Jan. 1, 2004, see section

303(i) of Pub. L. 107-16, set out as a note under section 32 of

this title.

Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or

limitation years beginning after Dec. 31, 2010, and the Internal

Revenue Code of 1986 to be applied and administered to such years

as if such amendment had never been enacted, see section 901 of

Pub. L. 107-16, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1998 AMENDMENTS

Pub. L. 105-277, div. J, title III, Sec. 3003(c), Oct. 21, 1998,

112 Stat. 2681-905, provided that: "The amendments made by this

section [amending this section] shall apply to taxable years ending

after the date of the enactment of this Act [Oct. 21, 1998]."

Pub. L. 105-206, title III, Sec. 3463(c), July 22, 1998, 112

Stat. 767, provided that: "Subsection (a) and the amendment made by

subsection (b) [amending this section and enacting provisions set

out as a note under section 6212 of this title] shall apply to

notices mailed after December 31, 1998."

Pub. L. 105-206, title III, Sec. 3464(d), July 22, 1998, 112

Stat. 767, provided that: "The amendments made by this section

[amending this section and section 6512 of this title] shall take

effect on the date of the enactment of this Act [July 22, 1998]."

Amendment by section 6010(p)(3) of Pub. L. 105-206 effective,

except as otherwise provided, as if included in the provisions of

the Taxpayer Relief Act of 1997, Pub. L. 105-34, to which such

amendment relates, see section 6024 of Pub. L. 105-206, set out as

a note under section 1 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 101(d)(2) of Pub. L. 105-34 applicable to

taxable years beginning after Dec. 31, 1997, see section 101(e) of

Pub. L. 105-34, set out as an Effective Date note under section 24

of this title.

Amendment by section 201(b) of Pub. L. 105-34 applicable to

expenses paid after Dec. 31, 1997 (in taxable years ending after

such date), for education furnished in academic periods beginning

after such date, see section 201(f) of Pub. L. 105-34, set out as

an Effective Date note under section 25A of this title.

Amendment by section 1085(a)(3) of Pub. L. 105-34 applicable to

taxable years beginning after Dec. 31, 1996, see section 1085(e)(1)

of Pub. L. 105-34, set out as a note under section 32 of this

title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by Pub. L. 104-193 applicable with respect to returns

the due date for which (without regard to extensions) is more than

30 days after Aug. 22, 1996, see section 451(d) of Pub. L. 104-193,

set out as a note under section 32 of this title.

Amendment by Pub. L. 104-188 applicable with respect to returns

the due date for which, without regard to extensions, is on or

after the 30th day after Aug. 20, 1996, with special rule for 1995

and 1996, see section 1615(d) of Pub. L. 104-188, set out as a note

under section 21 of this title.

Amendment by Pub. L. 104-168 applicable to excess benefit

transactions occurring on or after Sept. 14, 1995, and not

applicable to any benefit arising from a transaction pursuant to

any written contract which was binding on Sept. 13, 1995, and at

all times thereafter before such transaction occurred, see section

1311(d)(1), (2) of Pub. L. 104-168, set out as a note under section

4955 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 effective, except as otherwise

provided, as if included in the provision of the Technical and

Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such

amendment relates, see section 7817 of Pub. L. 101-239, set out as

a note under section 1 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by section 1015(r)(3) of Pub. L. 100-647 applicable to

notices of deficiencies mailed after Nov. 10, 1988, see section

1015(r)(4) of Pub. L. 100-647, set out as a note under section 6201

of this title.

Section 6243(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and section 7482 of

this title] shall apply to orders entered after the date of the

enactment of this Act [Nov. 10, 1988]."

Amendment by Pub. L. 100-418 applicable to crude oil removed from

premises on or after Aug. 23, 1988, see section 1941(c) of Pub. L.

100-418, set out as a note under section 164 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 10712(c)(1) of Pub. L. 100-203 applicable to

taxable years beginning after Dec. 22, 1987, see section 10712(d)

of Pub. L. 100-203, set out as an Effective Date note under section

4955 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 effective as if included in the Tax

Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, see

section 1875(d)(2)(C) of Pub. L. 99-514, set out as a note under

section 6230 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 305(b)(4) of Pub. L. 98-369 applicable to

taxable events occurring after Dec. 31, 1984, see section 305(c) of

Pub. L. 98-369, set out as an Effective Date note under section

4962 of this title.

Amendment by section 474(r)(34) of Pub. L. 98-369 applicable to

taxable years beginning after Dec. 31, 1983, and to carrybacks from

such years, see section 475(a) of Pub. L. 98-369, set out as a note

under section 21 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 applicable to partnership taxable

years beginning after Sept. 3, 1982, with provision for the

applicability of the amendment to any partnership taxable year

ending after Sept. 3, 1982, if the partnership, each partner, and

each indirect partner requests such application and the Secretary

of the Treasury or his delegate consents to such application, see

section 407(a)(1), (3) of Pub. L. 97-248, set out as an Effective

Date note under section 6221 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

For effective date of amendment by Pub. L. 96-596 with respect to

any first tier tax and to any second tier tax, see section 2(d) of

Pub. L. 96-596, set out as an Effective Date note under section

4961 of this title.

Amendment by Pub. L. 96-589 effective Oct. 1, 1979, but not

applicable to proceedings under Title 11, Bankruptcy, commenced

before Oct. 1, 1979, see section 7(e) of Pub. L. 96-589, set out as

a note under section 108 of this title.

Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,

1980, see section 101(i) of Pub. L. 96-223, set out as a note under

section 6161 of this title.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-600 applicable to tentative refund claims

filed on and after Nov. 6, 1978, see section 504(c) of Pub. L.

95-600, set out as a note under section 6411 of this title.

Amendment by Pub. L. 95-227 applicable with respect to

contributions, acts, and expenditures made after Dec. 31, 1977, in

and for taxable years beginning after such date, see section 4(f)

of Pub. L. 95-227, set out as an Effective Date note under section

192 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 1204(c)(6) of Pub. L. 94-455 applicable with

respect to action taken under section 6851, 6861, or 6862 of this

title where the notice and demand takes place after Feb. 28, 1977,

see section 1204(d) of Pub. L. 94-455, as amended, set out as a

note under section 6851 of this title.

Section 1206(d) of Pub. L. 94-455, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: "The

amendments made by this section [amending this section and sections

6201 and 6212 of this title] shall apply with respect to returns

(within the meaning of section 6213(f)(1) of the Internal Revenue

Code of 1986 [formerly I.R.C. 1954]) filed after December 31,

1976."

Amendment by section 1307(d)(2)(F)(iii) of Pub. L. 94-455

effective on and after Oct. 4, 1976, see section 1307(e)(6) of Pub.

L. 94-455, set out as a note under section 501 of this title.

For effective date of amendment by section 1605(b)(6) of Pub. L.

94-455, see section 1608(d) of Pub. L. 94-455, set out as a note

under section 856 of this title.

Amendment by section 1906(a)(15), (b)(13)(A) of Pub. L. 94-455

effective on first day of first month which begins more than 90

days after Oct. 4, 1976, see section 1906(d)(1) of Pub. L. 94-455,

set out as a note under section 6013 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable, except as otherwise

provided in section 1017(c) through (i) of Pub. L. 93-406, for plan

years beginning after Sept. 2, 1974, but, in the case of plans in

existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable

for plan years beginning after Dec. 31, 1975, see section 1017 of

Pub. L. 93-406, set out as an Effective Date; Transitional Rules

note under section 410 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-172 effective Jan. 1, 1970, see section

101(k)(1) of Pub. L. 91-172, set out as an Effective Date note

under section 4940 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-44 applicable to taxable years beginning

on or after July 1, 1965, see section 809(f) of Pub. L. 89-44, set

out as a note under section 6420 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303, 2011, 2014, 2058,

4942, 4961, 4963, 6013, 6034A, 6037, 6155, 6201, 6204, 6212, 6230,

6234, 6241, 6246, 6255, 6404, 6428, 6501, 6512, 6601, 6651, 6861,

6863, 6871, 7404, 7421, 7429, 7436, 7482 of this title.

-End-

-CITE-

26 USC Sec. 6214 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

Sec. 6214. Determinations by Tax Court

-STATUTE-

(a) Jurisdiction as to increase of deficiency, additional amounts,

or additions to the tax

Except as provided by section 7463, the Tax Court shall have

jurisdiction to redetermine the correct amount of the deficiency

even if the amount so redetermined is greater than the amount of

the deficiency, notice of which has been mailed to the taxpayer,

and to determine whether any additional amount, or any addition to

the tax should be assessed, if claim therefor is asserted by the

Secretary at or before the hearing or a rehearing.

(b) Jurisdiction over other years and quarters

The Tax Court in redetermining a deficiency of income tax for any

taxable year or of gift tax for any calendar year or calendar

quarter shall consider such facts with relation to the taxes for

other years or calendar quarters as may be necessary correctly to

redetermine the amount of such deficiency, but in so doing shall

have no jurisdiction to determine whether or not the tax for any

other year or calendar quarter has been overpaid or underpaid.

The Tax Court, in redetermining a deficiency of any tax imposed

by section 507 or chapter 41, 42, 43, or 44 for any period, act, or

failure to act, shall consider such facts with relation to the

taxes under chapter 41, 42, 43, or 44 for other periods, acts, or

failures to act as may be necessary correctly to redetermine the

amount of such deficiency, but in so doing shall have no

jurisdiction to determine whether or not the taxes under chapter

41, 42, 43, or 44 for any other period, act, or failure to act have

been overpaid or underpaid. The Tax Court, in redetermining a

deficiency of any second tier tax (as defined in section 4963(b)),

shall make a determination with respect to whether the taxable

event has been corrected.

(d) Final decisions of Tax Court

For purposes of this chapter, chapter 41, 42, 43, or 44, and

subtitles A or B the date on which a decision of the Tax Court

becomes final shall be determined according to the provisions of

section 7481.

(e) Cross reference

For provision giving Tax Court jurisdiction to order a refund

of an overpayment and to award sanctions, see section

6512(b)(2).

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 773; Pub. L. 91-172, title I,

Sec. 101(j)(43), (44), title IX, Sec. 960(a), Dec. 30, 1969, 83

Stat. 530, 531, 734; Pub. L. 91-614, title I, Sec. 102(d)(6), Dec.

31, 1970, 84 Stat. 1842; Pub. L. 93-406, title II, Sec.

1016(a)(12), Sept. 2, 1974, 88 Stat. 930; Pub. L. 94-455, title

XIII, Sec. 1307(d)(2)(F)(iv), (H), title XVI, Sec. 1605(b)(7),

title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1728, 1755,

1834; Pub. L. 96-223, title I, Sec. 101(f)(1)(F), (G), Apr. 2,

1980, 94 Stat. 252; Pub. L. 96-596, Sec. 2(b), Dec. 24, 1980, 94

Stat. 3472; Pub. L. 98-369, div. A, title I, Sec. 144(b), July 18,

1984, 98 Stat. 683; Pub. L. 99-514, title XV, Secs. 1511(c)(8),

1554(a), title XVIII, Sec. 1833, Oct. 22, 1986, 100 Stat. 2745,

2754, 2852; Pub. L. 100-418, title I, Sec. 1941(b)(2)(B)(vi),

(vii), Aug. 23, 1988, 102 Stat. 1323; Pub. L. 100-647, title VI,

Sec. 6244(b)(1), Nov. 10, 1988, 102 Stat. 3750; Pub. L. 104-188,

title I, Sec. 1704(t)(16), Aug. 20, 1996, 110 Stat. 1888.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-188 amended subsec. (e)

generally, striking par. (2) designation and par. (1) which

provided cross reference to section 6621(c)(4) of this title for

provision giving Tax Court jurisdiction to determine whether any

portion of deficiency is a substantial underpayment attributable to

tax motivated transactions.

1988 - Subsec. (c). Pub. L. 100-418, Sec. 1941(b)(2)(B)(vi),

substituted "or 44" for "44, or 45" in heading and wherever

appearing in text.

Subsec. (d). Pub. L. 100-418, Sec. 1941(b)(2)(B)(vii),

substituted "or 44" for "44, or 45".

Subsec. (e). Pub. L. 100-647 substituted "references" for

"reference" in heading, designated existing provisions as par. (1),

and added par. (2).

1986 - Subsec. (a). Pub. L. 99-514, Sec. 1554(a), substituted

"any addition to the tax" for "addition to the tax".

Subsec. (c). Pub. L. 99-514, Sec. 1833, substituted "section

4963(b)" for "section 4962(b)".

Subsec. (e). Pub. L. 99-514, Sec. 1511(c)(8), substituted

"section 6621(c)(4)" for "section 6621(d)(4)".

1984 - Subsec. (e). Pub. L. 98-369 added subsec. (e).

1980 - Subsec. (c). Pub. L. 96-596 inserted provision directing

the Tax Court, in redetermining a deficiency of any second tier

tax, to make a determination with respect to whether the taxable

event has been corrected.

Pub. L. 96-223, Sec. 101(f)(1)(F), inserted reference to chapter

45.

Subsec. (d). Pub. L. 96-223, Sec. 101(f)(1)(G), inserted

reference to chapter 45.

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck

out "or his delegate" after "Secretary".

Subsec. (c). Pub. L. 94-455, Secs. 1307(d)(2)(F)(iv), (H),

1605(b)(7)(A), (B), substituted in heading and in text "41, 42, 43,

or 44" for "42 or 43".

Subsec. (d). Pub. L. 94-455, Secs. 1307(d)(2)(F)(iv),

1605(b)(7)(C), substituted "41, 42, 43, or 44" for "42 or 43".

1974 - Subsec. (c). Pub. L. 93-406, Sec. 1016(a)(12)(A), (B),

inserted reference to chapter 43 in heading and in text.

Subsec. (d). Pub. L. 93-406, Sec. 1016(a)(12)(C), inserted

reference to chapter 43.

1970 - Subsec. (b). Pub. L. 91-614 inserted reference to calendar

quarters in heading and in text in regard to gift tax deficiencies.

1969 - Subsec. (a). Pub. L. 91-172, Sec. 960(a), inserted

reference to exception provided for in section 7463 of this title.

Subsecs. (c), (d). Pub. L. 91-172, Sec. 101(j)(43), (44), added

subsec. (c), redesignated former subsec. (c) as (d), and, in

subsec. (d) as so redesignated, inserted reference to chapter 42.

EFFECTIVE DATE OF 1988 AMENDMENTS

Section 6244(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and section 6512 of

this title] shall apply to overpayments determined by the Tax Court

which have not yet been refunded by the 90th day after the date of

the enactment of this Act [Nov. 10, 1988]."

Amendment by Pub. L. 100-418 applicable to crude oil removed from

the premises on or after Aug. 23, 1988, see section 1941(c) of Pub.

L. 100-418, set out as a note under section 164 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 1511(c)(8) of Pub. L. 99-514 applicable for

purposes of determining interest for periods after Dec. 31, 1986,

see section 1511(d) of Pub. L. 99-514, set out as a note under

section 47 of this title.

Section 1554(b) of Pub. L. 99-514 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to any

action or proceeding in the Tax Court with respect to which a

decision has not become final (as determined under section 7481 of

the Internal Revenue Code of 1954 [now 1986]) before the date of

the enactment of this Act [Oct. 22, 1986]."

Amendment by section 1833 of Pub. L. 99-514 effective, except as

otherwise provided, as if included in the provisions of the Tax

Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment

relates, see section 1881 of Pub. L. 99-514, set out as a note

under section 48 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 applicable with respect to interest

accruing after Dec. 31, 1984, see section 144(c) of Pub. L. 98-369,

set out as a note under section 6621 of this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

For effective date of amendment by Pub. L. 96-596 with respect to

any first tier tax and to any second tier tax, see section 2(d) of

Pub. L. 96-596, set out as an Effective Date note under section

4961 of this title.

Amendment by Pub. L. 96-223 applicable to periods after Feb. 29,

1980, see section 101(i) of Pub. L. 96-223, set out as a note under

section 6161 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 1307(d)(2)(F)(iv), (H) of Pub. L. 94-455

effective on and after Oct. 4, 1976, see section 1307(e)(6) of Pub.

L. 94-455, set out as a note under section 501 of this title.

For effective date of amendment by section 1605(b)(7) of Pub. L.

94-455, see section 1608(d) of Pub. L. 94-455, set out as a note

under section 856 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 applicable, except as otherwise

provided in section 1017(c) through (i) of Pub. L. 93-406, for plan

years beginning after Sept. 2, 1974, but, in the case of plans in

existence on Jan. 1, 1974, amendment by Pub. L. 93-406 applicable

for plan years beginning after Dec. 31, 1975, see section 1017 of

Pub. L. 93-406, set out as an Effective Date; Transitional Rules

note under section 410 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-614 applicable with respect to gifts made

after Dec. 31, 1970, see section 102(e) of Pub. L. 91-614, set out

as a note under section 2501 of this title.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by section 101(j)(43), (44) of Pub. L. 91-172 effective

Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91-172, set out as

an Effective Date note under section 4940 of this title.

Amendment by section 960(a) of Pub. L. 91-172 effective one year

after Dec. 30, 1969, see section 962(e) of Pub. L. 91-172, set out

as an Effective Date note under section 7463 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6212, 6234, 7436, 7463 of

this title.

-End-

-CITE-

26 USC Sec. 6215 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

Sec. 6215. Assessment of deficiency found by Tax Court

-STATUTE-

(a) General rule

If the taxpayer files a petition with the Tax Court, the entire

amount redetermined as the deficiency by the decision of the Tax

Court which has become final shall be assessed and shall be paid

upon notice and demand from the Secretary. No part of the amount

determined as a deficiency by the Secretary but disallowed as such

by the decision of the Tax Court which has become final shall be

assessed or be collected by levy or by proceeding in court with or

without assessment.

(b) Cross references

(1) For assessment or collection of the amount of the

deficiency determined by the Tax Court pending appellate court

review, see section 7485.

(2) For dismissal of petition by Tax Court as affirmation of

deficiency as determined by the Secretary, see section 7459(d).

(3) For decision of Tax Court that tax is barred by

limitation as its decision that there is no deficiency, see

section 7459(e).

(4) For assessment of damages awarded by Tax Court for

instituting proceedings merely for delay, see section 6673.

(5) For treatment of certain deficiencies as having been

paid, in connection with sale of surplus war-built vessels, see

section 9(b)(8) of the Merchant Ship Sales Act of 1946 (50

U.S.C. App. 1742).

(6) For rules applicable to Tax Court proceedings, see

generally subchapter C of chapter 76.

(7) For extension of time for paying amount determined as

deficiency, see section 6161(b).

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 773; Pub. L. 94-455, title XIX,

Sec. 1906(a)(16), (b)(13)(A), Oct. 4, 1976, 90 Stat. 1825, 1834;

Pub. L. 99-514, title XIV, Sec. 1404(c)(2), Oct. 22, 1986, 100

Stat. 2714.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b)(7), (8). Pub. L. 99-514 redesignated par. (8)

as (7) and struck out former par. (7) which read as follows: "For

proration of deficiency to installments, see section 6152(c)."

1976 - Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out "or his

delegate" after "Secretary" wherever appearing.

Subsec. (b)(5). Pub. L. 94-455, Sec. 1906(a)(16), struck out "60

Stat. 48;" before "50 U.S.C. App. 1742".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to taxable years beginning

after Dec. 31, 1986, see section 1404(d) of Pub. L. 99-514, set out

as a note under section 643 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7436, 7481 of this title.

-End-

-CITE-

26 USC Sec. 6216 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter B - Deficiency Procedures in the Case of Income, Estate,

Gift, and Certain Excise Taxes

-HEAD-

Sec. 6216. Cross references

-STATUTE-

(1) For procedures relating to receivership proceedings, see

subchapter B of chapter 70.

(2) For procedures relating to jeopardy assessments, see

subchapter A of chapter 70.

(3) For procedures relating to claims against transferees and

fiduciaries, see chapter 71.

(4) For procedure relating to partnership items, see

subchapter C.

-SOURCE-

(Aug. 16, 1954, ch. 736, 68A Stat. 773; Pub. L. 96-589, Sec.

6(i)(9), Dec. 24, 1980, 94 Stat. 3411; Pub. L. 97-248, title IV,

Sec. 402(c)(3), Sept. 3, 1982, 96 Stat. 667.)

-MISC1-

AMENDMENTS

1982 - Par. (4). Pub. L. 97-248 added par. (4).

1980 - Par. (1). Pub. L. 96-589 struck out reference to

bankruptcy proceedings.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 applicable to partnership taxable

years beginning after Sept. 3, 1982, with provision for the

applicability of the amendment to any partnership taxable year

ending after Sept. 3, 1982, if the partnership, each partner, and

each indirect partner requests such application and the Secretary

of the Treasury or his delegate consents to such application, see

section 407(a)(1), (3) of Pub. L. 97-248, set out as an Effective

Date note under section 6221 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-589 effective Oct. 1, 1979, but not

applicable to proceedings under Title 11, Bankruptcy, commenced

before Oct. 1, 1979, see section 7(e) of Pub. L. 96-589, set out as

a note under section 108 of this title.

-End-

-CITE-

26 USC Subchapter C - Tax Treatment of Partnership Items 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

SUBCHAPTER C - TAX TREATMENT OF PARTNERSHIP ITEMS

-MISC1-

Sec.

6221. Tax treatment determined at partnership level.

6222. Partner's return must be consistent with partnership

return or Secretary notified of inconsistency.

6223. Notice to partners of proceedings.

6224. Participation in administrative proceedings; waivers;

agreements.

6225. Assessments made only after partnership level

proceedings are completed.

6226. Judicial review of final partnership administrative

adjustments.

6227. Administrative adjustment requests.

6228. Judicial review where administrative adjustment

request is not allowed in full.

6229. Period of limitations for making assessments.

6230. Additional administrative provisions.

6231. Definitions and special rules.

[6232. Repealed.]

6233. Extension to entities filing partnership returns, etc.

6234. Declaratory judgment relating to treatment of items

other than partnership items with respect to an

oversheltered return.

AMENDMENTS

1997 - Pub. L. 105-34, title XII, Sec. 1231(c), Aug. 5, 1997, 111

Stat. 1023, added item 6234.

1988 - Pub. L. 100-418, title I, Sec. 1941(b)(3)(D), Aug. 23,

1988, 102 Stat. 1324, struck out item 6232 "Extension of subchapter

to windfall profit tax".

1984 - Pub. L. 98-369, div. A, title VII, Sec. 714(p)(2)(E), July

18, 1984, 98 Stat. 965, added item 6233.

1982 - Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 648, added subchapter C heading and items 6221 to 6232.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 702, 6012, 6211, 6216,

6240, 6512 of this title.

-End-

-CITE-

26 USC Sec. 6221 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6221. Tax treatment determined at partnership level

-STATUTE-

Except as otherwise provided in this subchapter, the tax

treatment of any partnership item (and the applicability of any

penalty, addition to tax, or additional amount which relates to an

adjustment to a partnership item) shall be determined at the

partnership level.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 648; amended Pub. L. 105-34, title XII, Sec. 1238(a), Aug. 5,

1997, 111 Stat. 1026.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-34 inserted "(and the applicability of any

penalty, addition to tax, or additional amount which relates to an

adjustment to a partnership item)" after "item".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1238(c) of Pub. L. 105-34 provided that: "The amendments

made by this section [amending this section and sections 6226 and

6230 of this title] shall apply to partnership taxable years ending

after the date of the enactment of this Act [Aug. 5, 1997]."

EFFECTIVE DATE

Section 407(a) of Pub. L. 97-248, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

"(1) Except as provided in paragraph (2), the amendments made by

sections 402, 403, and 404 [enacting this subchapter and section

1508 of Title 28, Judiciary and Judicial Procedure, amending

sections 702, 6031, 6213, 6216, 6422, 6501, 6504, 6511, 6512, 6515,

7422, 7451, 7456, 7459, 7482, and 7485 of this title and section

1346 of Title 28, and enacting provisions set out as a note under

section 6031 of this title] shall apply to partnership taxable

years beginning after the date of the enactment of this Act [Sept.

3, 1982].

"(2) Section 6232 of the Internal Revenue Code of 1986 [formerly

I.R.C. 1954] shall apply to periods after December 31, 1982.

"(3) The amendments made by sections 402, 403, and 404 shall

apply to any partnership taxable year (or in the case of section

6232 of such Code, to any period) ending after the date of the

enactment of this Act [Sept. 3, 1982] if the partnership, each

partner, and each indirect partner requests such application and

the Secretary of the Treasury or his delegate consents to such

application."

SHORT TITLE

For short title of title IV of Pub. L. 97-248 as the "Tax

Treatment of Partnership Items Act of 1982", see Short Title of

1982 Amendments note set out under section 1 of this title.

-End-

-CITE-

26 USC Sec. 6222 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6222. Partner's return must be consistent with partnership

return or Secretary notified of inconsistency

-STATUTE-

(a) In general

A partner shall, on the partner's return, treat a partnership

item in a manner which is consistent with the treatment of such

partnership item on the partnership return.

(b) Notification of inconsistent treatment

(1) In general

In the case of any partnership item, if -

(A)(i) the partnership has filed a return but the partner's

treatment on his return is (or may be) inconsistent with the

treatment of the item on the partnership return, or

(ii) the partnership has not filed a return, and

(B) the partner files with the Secretary a statement

identifying the inconsistency,

subsection (a) shall not apply to such item.

(2) Partner receiving incorrect information

A partner shall be treated as having complied with subparagraph

(B) of paragraph (1) with respect to a partnership item if the

partner -

(A) demonstrates to the satisfaction of the Secretary that

the treatment of the partnership item on the partner's return

is consistent with the treatment of the item on the schedule

furnished to the partner by the partnership, and

(B) elects to have this paragraph apply with respect to that

item.

In any case -

(1) described in paragraph (1)(A)(i) of subsection (b), and

(2) in which the partner does not comply with paragraph (1)(B)

of subsection (b),

section 6225 shall not apply to any part of a deficiency

attributable to any computational adjustment required to make the

treatment of the items by such partner consistent with the

treatment of the items on the partnership return.

(d) Addition to tax for failure to comply with section

For addition to tax in the case of a partner's disregard of

requirements of this section, see part II of subchapter A of

chapter 68.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 648; amended Pub. L. 99-514, title XV, Sec. 1503(c)(1), Oct.

22, 1986, 100 Stat. 2743; Pub. L. 101-239, title VII, Sec.

7721(c)(7), Dec. 19, 1989, 103 Stat. 2400.)

-MISC1-

AMENDMENTS

1989 - Subsec. (d). Pub. L. 101-239 substituted "part II of

subchapter A of chapter 68" for "section 6653(a)".

1986 - Subsec. (d). Pub. L. 99-514 struck out "intentional or

negligent" after "case of a partner's".

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 applicable to returns the due date

for which (determined without regard to extensions) is after Dec.

31, 1989, see section 7721(d) of Pub. L. 101-239, set out as a note

under section 461 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable to returns the due date

for which (determined without regard to extensions) is after Dec.

31, 1986, see section 1503(e) of Pub. L. 99-514, set out as a note

under section 6653 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6229, 6231 of this title.

-End-

-CITE-

26 USC Sec. 6223 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6223. Notice to partners of proceedings

-STATUTE-

(a) Secretary must give partners notice of beginning and completion

of administrative proceedings

The Secretary shall mail to each partner whose name and address

is furnished to the Secretary notice of -

(1) the beginning of an administrative proceeding at the

partnership level with respect to a partnership item, and

(2) the final partnership administrative adjustment resulting

from any such proceeding.

A partner shall not be entitled to any notice under this subsection

unless the Secretary has received (at least 30 days before it is

mailed to the tax matters partner) sufficient information to enable

the Secretary to determine that such partner is entitled to such

notice and to provide such notice to such partner.

(b) Special rules for partnership with more than 100 partners

(1) Partner with less than 1 percent interest

Except as provided in paragraph (2), subsection (a) shall not

apply to a partner if -

(A) the partnership has more than 100 partners, and

(B) the partner has a less than 1 percent interest in the

profits of the partnership.

(2) Secretary must give notice to notice group

If a group of partners in the aggregate having a 5 percent or

more interest in the profits of a partnership so request and

designate one of their members to receive the notice, the member

so designated shall be treated as a partner to whom subsection

(a) applies.

For purposes of this subchapter -

(1) Information on partnership return

Except as provided in paragraphs (2) and (3), the Secretary

shall use the names, addresses, and profits interests shown on

the partnership return.

(2) Use of additional information

The Secretary shall use additional information furnished to him

by the tax matters partner or any other person in accordance with

regulations prescribed by the Secretary.

(3) Special rule with respect to indirect partners

If any information furnished to the Secretary under paragraph

(1) or (2) -

(A) shows that a person has a profits interest in the

partnership by reason of ownership of an interest through 1 or

more pass-thru partners, and

(B) contains the name, address, and profits interest of such

person,

then the Secretary shall use the name, address, and profits

interest of such person with respect to such partnership interest

(in lieu of the names, addresses, and profits interests of the

pass-thru partners).

(d) Period for mailing notice

(1) Notice of beginning of proceedings

The Secretary shall mail the notice specified in paragraph (1)

of subsection (a) to each partner entitled to such notice not

later than the 120th day before the day on which the notice

specified in paragraph (2) of subsection (a) is mailed to the tax

matters partner.

(2) Notice of final partnership administrative adjustment

The Secretary shall mail the notice specified in paragraph (2)

of subsection (a) to each partner entitled to such notice not

later than the 60th day after the day on which the notice

specified in such paragraph (2) was mailed to the tax matters

partner.

(e) Effect of Secretary's failure to provide notice

(1) Application of subsection

(A) In general

This subsection applies where the Secretary has failed to

mail any notice specified in subsection (a) to a partner

entitled to such notice within the period specified in

subsection (d).

(B) Special rules for partnerships with more than 100 partners

For purposes of subparagraph (A), any partner described in

paragraph (1) of subsection (b) shall be treated as entitled to

notice specified in subsection (a). The Secretary may provide

such notice -

(i) except as provided in clause (ii), by mailing notice to

the tax matters partner, or

(ii) in the case of a member of a notice group which

qualified under paragraph (2) of subsection (b), by mailing

notice to the partner designated for such purpose by the

group.

(2) Proceedings finished

In any case to which this subsection applies, if at the time

the Secretary mails the partner notice of the proceeding -

(A) the period within which a petition for review of a final

partnership administrative adjustment under section 6226 may be

filed has expired and no such petition has been filed, or

(B) the decision of a court in an action begun by such a

petition has become final,

the partner may elect to have such adjustment, such decision, or

a settlement agreement described in paragraph (2) of section

6224(c) with respect to the partnership taxable year to which the

adjustment relates apply to such partner. If the partner does not

make an election under the preceding sentence, the partnership

items of the partner for the partnership taxable year to which

the proceeding relates shall be treated as nonpartnership items.

(3) Proceedings still going on

In any case to which this subsection applies, if paragraph (2)

does not apply, the partner shall be a party to the proceeding

unless such partner elects -

(A) to have a settlement agreement described in paragraph (2)

of section 6224(c) with respect to the partnership taxable year

to which the proceeding relates apply to the partner, or

(B) to have the partnership items of the partner for the

partnership taxable year to which the proceeding relates

treated as nonpartnership items.

(f) Only one notice of final partnership administrative adjustment

If the Secretary mails a notice of final partnership

administrative adjustment for a partnership taxable year with

respect to a partner, the Secretary may not mail another such

notice to such partner with respect to the same taxable year of the

same partnership in the absence of a showing of fraud, malfeasance,

or misrepresentation of a material fact.

(g) Tax matters partner must keep partners informed of proceedings

To the extent and in the manner provided by regulations, the tax

matters partner of a partnership shall keep each partner informed

of all administrative and judicial proceedings for the adjustment

at the partnership level of partnership items.

(h) Pass-thru partner required to forward notice

(1) In general

If a pass-thru partner receives a notice with respect to a

partnership proceeding from the Secretary, the tax matters

partner, or another pass-thru partner, the pass-thru partner

shall, within 30 days of receiving that notice, forward a copy of

that notice to the person or persons holding an interest (through

the pass-thru partner) in the profits or losses of the

partnership for the partnership taxable year to which the notice

relates.

(2) Partnership as pass-thru partner

In the case of a pass-thru partner which is a partnership, the

tax matters partner of such partnership shall be responsible for

forwarding copies of the notice to the partners of such

partnership.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 649.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6224, 6229, 6230, 6231 of

this title.

-End-

-CITE-

26 USC Sec. 6224 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6224. Participation in administrative proceedings; waivers;

agreements

-STATUTE-

(a) Participation in administrative proceedings

Any partner has the right to participate in any administrative

proceeding relating to the determination of partnership items at

the partnership level.

(b) Partner may waive rights

(1) In general

A partner may at any time waive -

(A) any right such partner has under this subchapter, and

(B) any restriction under this subchapter on action by the

Secretary.

(2) Form

Any waiver under paragraph (1) shall be made by a signed notice

in writing filed with the Secretary.

In the absence of a showing of fraud, malfeasance, or

misrepresentation of fact -

(1) Binds all parties

A settlement agreement between the Secretary or the Attorney

General (or his delegate) and 1 or more partners in a partnership

with respect to the determination of partnership items for any

partnership taxable year shall (except as otherwise provided in

such agreement) be binding on all parties to such agreement with

respect to the determination of partnership items for such

partnership taxable year. An indirect partner is bound by any

such agreement entered into by the pass-thru partner unless the

indirect partner has been identified as provided in section

6223(c)(3).

(2) Other partners have right to enter into consistent agreements

If the Secretary or the Attorney General (or his delegate)

enters into a settlement agreement with any partner with respect

to partnership items for any partnership taxable year, the

Secretary or the Attorney General (or his delegate) shall offer

to any other partner who so requests settlement terms for the

partnership taxable year which are consistent with those

contained in such settlement agreement. Except in the case of an

election under paragraph (2) or (3) of section 6223(e) to have a

settlement agreement described in this paragraph apply, this

paragraph shall apply with respect to a settlement agreement

entered into with a partner before notice of a final partnership

administrative adjustment is mailed to the tax matters partner

only if such other partner makes the request before the

expiration of 150 days after the day on which such notice is

mailed to the tax matters partner.

(3) Tax matters partner may bind certain other partners

(A) In general

A partner who is not a notice partner (and not a member of a

notice group described in subsection (b)(2) of section 6223)

shall be bound by any settlement agreement -

(i) which is entered into by the tax matters partner, and

(ii) in which the tax matters partner expressly states that

such agreement shall bind the other partners.

(B) Exception

Subparagraph (A) shall not apply to any partner who (within

the time prescribed by the Secretary) files a statement with

the Secretary providing that the tax matters partner shall not

have the authority to enter into a settlement agreement on

behalf of such partner.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 651; amended Pub. L. 107-147, title IV, Sec. 416(d)(1)(A),

Mar. 9, 2002, 116 Stat. 55.)

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(1), (2). Pub. L. 107-147 inserted "or the

Attorney General (or his delegate)" after "Secretary" wherever

appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-147, title IV, Sec. 416(d)(2), Mar. 9, 2002, 116

Stat. 55, provided that: "The amendments made by this subsection

[amending this section and sections 6229, 6231, and 6234 of this

title] shall apply with respect to settlement agreements entered

into after the date of the enactment of this Act [Mar. 9, 2002]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6223, 6234, 6601 of this

title.

-End-

-CITE-

26 USC Sec. 6225 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6225. Assessments made only after partnership level

proceedings are completed

-STATUTE-

(a) Restriction on assessment and collection

Except as otherwise provided in this subchapter, no assessment of

a deficiency attributable to any partnership item may be made (and

no levy or proceeding in any court for the collection of any such

deficiency may be made, begun, or prosecuted) before -

(1) the close of the 150th day after the day on which a notice

of a final partnership administrative adjustment was mailed to

the tax matters partner, and

(2) if a proceeding is begun in the Tax Court under section

6226 during such 150-day period, the decision of the court in

such proceeding has become final.

(b) Premature action may be enjoined

Notwithstanding section 7421(a), any action which violates

subsection (a) may be enjoined in the proper court, including the

Tax Court. The Tax Court shall have no jurisdiction to enjoin any

action or proceeding under this subsection unless a timely petition

for a readjustment of the partnership items for the taxable year

has been filed and then only in respect of the adjustments that are

the subject of such petition.

If no proceeding under section 6226 is begun with respect to any

final partnership administrative adjustment during the 150-day

period described in subsection (a), the deficiency assessed against

any partner with respect to the partnership items to which such

adjustment relates shall not exceed the amount determined in

accordance with such adjustment.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 652; amended Pub. L. 105-34, title XII, Sec. 1239(a), Aug. 5,

1997, 111 Stat. 1027.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-34 substituted "the proper court, including

the Tax Court. The Tax Court shall have no jurisdiction to enjoin

any action or proceeding under this subsection unless a timely

petition for a readjustment of the partnership items for the

taxable year has been filed and then only in respect of the

adjustments that are the subject of such petition." for "the proper

court."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1239(f) of Pub. L. 105-34 provided that: "The amendments

made by this section [amending this section and sections 6226,

6230, 6501, 6512, 7421, 7459, and 7482 of this title] shall apply

to partnership taxable years ending after the date of the enactment

of this Act [Aug. 5, 1997]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6222, 6230, 7421 of this

title.

-End-

-CITE-

26 USC Sec. 6226 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6226. Judicial review of final partnership administrative

adjustments

-STATUTE-

(a) Petition by tax matters partner

Within 90 days after the day on which a notice of a final

partnership administrative adjustment is mailed to the tax matters

partner, the tax matters partner may file a petition for a

readjustment of the partnership items for such taxable year with -

(1) the Tax Court,

(2) the district court of the United States for the district in

which the partnership's principal place of business is located,

(3) the Court of Federal Claims.

(b) Petition by partner other than tax matters partner

(1) In general

If the tax matters partner does not file a readjustment

petition under subsection (a) with respect to any final

partnership administrative adjustment, any notice partner (and

any 5-percent group) may, within 60 days after the close of the

90-day period set forth in subsection (a), file a petition for a

readjustment of the partnership items for the taxable year

involved with any of the courts described in subsection (a).

(2) Priority of the Tax Court action

If more than 1 action is brought under paragraph (1) with

respect to any partnership for any partnership taxable year, the

first such action brought in the Tax Court shall go forward.

(3) Priority outside the Tax Court

If more than 1 action is brought under paragraph (1) with

respect to any partnership for any taxable year but no such

action is brought in the Tax Court, the first such action brought

shall go forward.

(4) Dismissal of other actions

If an action is brought under paragraph (1) in addition to the

action which goes forward under paragraph (2) or (3), such action

shall be dismissed.

(5) Treatment of premature petitions

If -

(A) a petition for a readjustment of partnership items for

the taxable year involved is filed by a notice partner (or a

5-percent group) during the 90-day period described in

subsection (a), and

(B) no action is brought under paragraph (1) during the

60-day period described therein with respect to such taxable

year which is not dismissed,

such petition shall be treated for purposes of paragraph (1) as

filed on the last day of such 60-day period.

(6) Tax matters partner may intervene

The tax matters partner may intervene in any action brought

under this subsection.

If an action is brought under subsection (a) or (b) with respect

to a partnership for any partnership taxable year -

(1) each person who was a partner in such partnership at any

time during such year shall be treated as a party to such action,

and

(2) the court having jurisdiction of such action shall allow

each such person to participate in the action.

(d) Partner must have interest in outcome

(1) In order to be party to action

Subsection (c) shall not apply to a partner after the day on

which -

(A) the partnership items of such partner for the partnership

taxable year became nonpartnership items by reason of 1 or more

of the events described in subsection (b) of section 6231, or

(B) the period within which any tax attributable to such

partnership items may be assessed against that partner expired.

Notwithstanding subparagraph (B), any person treated under

subsection (c) as a party to an action shall be permitted to

participate in such action (or file a readjustment petition under

subsection (b) or paragraph (2) of this subsection) solely for

the purpose of asserting that the period of limitations for

assessing any tax attributable to partnership items has expired

with respect to such person, and the court having jurisdiction of

such action shall have jurisdiction to consider such assertion.

(2) To file petition

No partner may file a readjustment petition under subsection

(b) unless such partner would (after the application of paragraph

(1) of this subsection) be treated as a party to the proceeding.

(e) Jurisdictional requirement for bringing action in district

court or Court of Federal Claims

(1) In general

A readjustment petition under this section may be filed in a

district court of the United States or the Court of Federal

Claims only if the partner filing the petition deposits with the

Secretary, on or before the day the petition is filed, the amount

by which the tax liability of the partner would be increased if

the treatment of partnership items on the partner's return were

made consistent with the treatment of partnership items on the

partnership return, as adjusted by the final partnership

administrative adjustment. In the case of a petition filed by a

5-percent group, the requirement of the preceding sentence shall

apply to each member of the group. The court may by order provide

that the jurisdictional requirements of this paragraph are

satisfied where there has been a good faith attempt to satisfy

such requirements and any shortfall in the amount required to be

deposited is timely corrected.

(2) Refund on request

If an action brought in a district court of the United States

or in the Court of Federal Claims is dismissed by reason of the

priority of a Tax Court action under paragraph (2) of subsection

(b), the Secretary shall, at the request of the partner who made

the deposit, refund the amount deposited under paragraph (1).

(3) Interest payable

Any amount deposited under paragraph (1), while deposited,

shall not be treated as a payment of tax for purposes of this

title (other than chapter 67).

(f) Scope of judicial review

A court with which a petition is filed in accordance with this

section shall have jurisdiction to determine all partnership items

of the partnership for the partnership taxable year to which the

notice of final partnership administrative adjustment relates, the

proper allocation of such items among the partners, and the

applicability of any penalty, addition to tax, or additional amount

which relates to an adjustment to a partnership item.

(g) Determination of court reviewable

Any determination by a court under this section shall have the

force and effect of a decision of the Tax Court or a final judgment

or decree of the district court or the Court of Federal Claims, as

the case may be, and shall be reviewable as such. With respect to

the partnership, only the tax matters partner, a notice partner, or

a 5-percent group may seek review of a determination by a court

under this section.

(h) Effect of decision dismissing action

If an action brought under this section is dismissed (other than

under paragraph (4) of subsection (b)), the decision of the court

dismissing the action shall be considered as its decision that the

notice of final partnership administrative adjustment is correct,

and an appropriate order shall be entered in the records of the

court.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 653; amended Pub. L. 97-448, title III, Sec. 306(c)(1)(A),

Jan. 12, 1983, 96 Stat. 2406; Pub. L. 102-572, title IX, Sec.

902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 105-34, title

XII, Secs. 1238(b)(1), 1239(b), 1240(a), Aug. 5, 1997, 111 Stat.

1026-1028.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(5), (6). Pub. L. 105-34, Sec. 1240(a), added

par. (5) and redesignated former par. (5) as (6).

Subsec. (d)(1). Pub. L. 105-34, Sec. 1239(b), inserted concluding

provisions.

Subsec. (f). Pub. L. 105-34, Sec. 1238(b)(1), substituted

"relates," for "relates and" and inserted ", and the applicability

of any penalty, addition to tax, or additional amount which relates

to an adjustment to a partnership item" before period at end.

1992 - Subsecs. (a)(3), (e), (g). Pub. L. 102-572 substituted

"Court of Federal Claims" for "Claims Court" wherever appearing.

1983 - Subsec. (g). Pub. L. 97-448 substituted "With respect to

the partnership, only the tax matters partner" for "Only the tax

matters partner".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 1238(b)(1) of Pub. L. 105-34 applicable to

partnership taxable years ending after Aug. 5, 1997, see section

1238(c) of Pub. L. 105-34, set out as a note under section 6221 of

this title.

Amendment by section 1239(b) of Pub. L. 105-34 applicable to

partnership taxable years ending after Aug. 5, 1997, see section

1239(f) of Pub. L. 105-34, set out as a note under section 6225 of

this title.

Section 1240(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall apply to

petitions filed after the date of the enactment of this Act [Aug.

5, 1997]."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-448 effective as if included in the

provisions of the Tax Equity and Fiscal Responsibility Act of 1982,

Pub. L. 97-248, to which such amendment relates, see section 311(d)

of Pub. L. 97-448, set out as a note under section 31 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6223, 6225, 6228, 6229,

6230, 6234, 7451, 7459, 7482, 7485 of this title; title 28 sections

1346, 1508.

-End-

-CITE-

26 USC Sec. 6227 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6227. Administrative adjustment requests

-STATUTE-

(a) General rule

A partner may file a request for an administrative adjustment of

partnership items for any partnership taxable year at any time

which is -

(1) within 3 years after the later of -

(A) the date on which the partnership return for such year is

filed, or

(B) the last day for filing the partnership return for such

year (determined without regard to extensions), and

(2) before the mailing to the tax matters partner of a notice

of final partnership administrative adjustment with respect to

such taxable year.

(b) Special rule in case of extension of period of limitations

under section 6229

The period prescribed by subsection (a)(1) for filing of a

request for an administrative adjustment shall be extended -

(1) for the period within which an assessment may be made

pursuant to an agreement (or any extension thereof) under section

6229(b), and

(2) for 6 months thereafter.

(1) Substituted return

If the tax matters partner -

(A) files a request for an administrative adjustment, and

(B) asks that the treatment shown on the request be

substituted for the treatment of partnership items on the

partnership return to which the request relates,

the Secretary may treat the changes shown on such request as

corrections of mathematical or clerical errors appearing on the

partnership return.

(2) Requests not treated as substituted returns

(A) In general

If the tax matters partner files an administrative adjustment

request on behalf of the partnership which is not treated as a

substituted return under paragraph (1), the Secretary may, with

respect to all or any part of the requested adjustments -

(i) without conducting any proceeding, allow or make to all

partners the credits or refunds arising from the requested

adjustments,

(ii) conduct a partnership proceeding under this

subchapter, or

(iii) take no action on the request.

(B) Exceptions

Clause (i) of subparagraph (A) shall not apply with respect

to a partner after the day on which the partnership items

become nonpartnership items by reason of 1 or more of the

events described in subsection (b) of section 6231.

(3) Request must show effect on distributive shares

The tax matters partner shall furnish with any administrative

adjustment request on behalf of the partnership revised schedules

showing the effect of such request on the distributive shares of

the partners and such other information as may be required under

regulations.

(d) Other requests

If any partner files a request for an administrative adjustment

(other than a request described in subsection (c)), the Secretary

may -

(1) process the request in the same manner as a claim for

credit or refund with respect to items which are not partnership

items,

(2) assess any additional tax that would result from the

requested adjustments,

(3) mail to the partner, under subparagraph (A) of section

6231(b)(1) (relating to items becoming nonpartnership items), a

notice that all partnership items of the partner for the

partnership taxable year to which such request relates shall be

treated as nonpartnership items, or

(4) conduct a partnership proceeding.

(e) Requests with respect to bad debts or worthless securities

In the case of that portion of any request for an administrative

adjustment which relates to the deductibility by the partnership

under section 166 of a debt as a debt which became worthless, or

under section 165(g) of a loss from worthlessness of a security,

the period prescribed in subsection (a)(1) shall be 7 years from

the last day for filing the partnership return for the year with

respect to which such request is made (determined without regard to

extensions).

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 655; amended Pub. L. 105-34, title XII, Secs. 1236(a),

1243(a), Aug. 5, 1997, 111 Stat. 1025, 1029; Pub. L. 107-147, title

IV, Sec. 417(19)(A), Mar. 9, 2002, 116 Stat. 56.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-147 substituted "subsection (c)"

for "subsection (b)" in introductory provisions.

1997 - Subsecs. (b) to (d). Pub. L. 105-34, Sec. 1236(a), added

subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and

(d), respectively.

Subsec. (e). Pub. L. 105-34, Sec. 1243(a), added subsec. (e).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1236(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall take effect as

if included in the amendments made by section 402 of the Tax Equity

and Fiscal Responsibility Act of 1982 [Pub. L. 97-248]."

Section 1243(b) of Pub. L. 105-34 provided that:

"(1) In general. - The amendment made by subsection (a) [amending

this section] shall take effect as if included in the amendments

made by section 402 of the Tax Equity and Fiscal Responsibility Act

of 1982 [Pub. L. 97-248].

"(2) Treatment of requests filed before date of enactment. - In

the case of that portion of any request (filed before the date of

the enactment of this Act [Aug. 5, 1997]) for an administrative

adjustment which relates to the deductibility of a debt as a debt

which became worthless or the deductibility of a loss from the

worthlessness of a security -

"(A) paragraph (2) of section 6227(a) of the Internal Revenue

Code of 1986 shall not apply,

"(B) the period for filing a petition under section 6228 of the

Internal Revenue Code of 1986 with respect to such request shall

not expire before the date 6 months after the date of the

enactment of this Act, and

"(C) such a petition may be filed without regard to whether

there was a notice of the beginning of an administrative

proceeding or a final partnership administrative adjustment."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6228, 6230, 6231, 6422,

6515 of this title.

-End-

-CITE-

26 USC Sec. 6228 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6228. Judicial review where administrative adjustment request

is not allowed in full

-STATUTE-

(a) Request on behalf of partnership

(1) In general

If any part of an administrative adjustment request filed by

the tax matters partner under subsection (c) of section 6227 is

not allowed by the Secretary, the tax matters partner may file a

petition for an adjustment with respect to the partnership items

to which such part of the request relates with -

(A) the Tax Court,

(B) the district court of the United States for the district

in which the principal place of business of the partnership is

located, or

(2) Period for filing petition

(A) In general

A petition may be filed under paragraph (1) with respect to

partnership items for a partnership taxable year only -

(i) after the expiration of 6 months from the date of

filing of the request under section 6227, and

(ii) before the date which is 2 years after the date of

such request.

(B) No petition after notice of beginning of administrative

proceeding

No petition may be filed under paragraph (1) after the day

the Secretary mails to the partnership a notice of the

beginning of an administrative proceeding with respect to the

partnership taxable year to which such request relates.

If the Secretary -

(i) mails the notice referred to in subparagraph (B) before

the expiration of the 2-year period referred to in clause

(ii) of subparagraph (A), and

(ii) fails to mail a notice of final partnership

administrative adjustment with respect to the partnership

taxable year to which the request relates before the

expiration of the period described in section 6229(a)

(including any extension by agreement),

subparagraph (B) shall cease to apply with respect to such

request, and the 2-year period referred to in clause (ii) of

subparagraph (A) shall not expire before the date 6 months

after the expiration of the period described in section 6229(a)

(including any extension by agreement).

(D) Extension of time

The 2-year period described in subparagraph (A)(ii) shall be

extended for such period as may be agreed upon in writing

between the tax matters partner and the Secretary.

(3) Coordination with administrative adjustment

(A) Administrative adjustment before filing of petition

No petition may be filed under this subsection after the

Secretary mails to the tax matters partner a notice of final

partnership administrative adjustment for the partnership

taxable year to which the request under section 6227 relates.

(B) Administrative adjustment after filing but before hearing

of petition

If the Secretary mails to the tax matters partner a notice of

final partnership administrative adjustment for the partnership

taxable year to which the request under section 6227 relates

after the filing of a petition under this subsection but before

the hearing of such petition, such petition shall be treated as

an action brought under section 6226 with respect to that

administrative adjustment, except that subsection (e) of

section 6226 shall not apply.

A notice of final partnership administrative adjustment for

the partnership taxable year shall be taken into account under

subparagraphs (A) and (B) only if such notice is mailed before

the expiration of the period prescribed by section 6229 for

making assessments of tax attributable to partnership items for

such taxable year.

(4) Partners treated as party to action

(A) In general

If an action is brought by the tax matters partner under

paragraph (1) with respect to any request for an adjustment of

a partnership item for any taxable year -

(i) each person who was a partner in such partnership at

any time during the partnership taxable year involved shall

be treated as a party to such action, and

(ii) the court having jurisdiction of such action shall

allow each such person to participate in the action.

(B) Partners must have interest in outcome

For purposes of subparagraph (A), rules similar to the rules

of paragraph (1) of section 6226(d) shall apply.

(5) Scope of judicial review

Except in the case described in subparagraph (B) of paragraph

(3), a court with which a petition is filed in accordance with

this subsection shall have jurisdiction to determine only those

partnership items to which the part of the request under section

6227 not allowed by the Secretary relates and those items with

respect to which the Secretary asserts adjustments as offsets to

the adjustments requested by the tax matters partner.

(6) Determination of court reviewable

Any determination by a court under this subsection shall have

the force and effect of a decision of the Tax Court or a final

judgment or decree of the district court or the Court of Federal

Claims, as the case may be, and shall be reviewable as such. With

respect to the partnership, only the tax matters partner, a

notice partner, or a 5-percent group may seek review of a

determination by a court under this subsection.

(b) Other requests

(1) Notice providing that items become nonpartnership items

If the Secretary mails to a partner, under subparagraph (A) of

section 6231(b)(1) (relating to items ceasing to be partnership

items), a notice that all partnership items of the partner for

the partnership taxable year to which a timely request for

administrative adjustment under subsection (d) of section 6227

relates shall be treated as nonpartnership items -

(A) such request shall be treated as a claim for credit or

refund of an overpayment attributable to nonpartnership items,

and

(B) the partner may bring an action under section 7422 with

respect to such claim at any time within 2 years of the mailing

of such notice.

(2) Other cases

(A) In general

If the Secretary fails to allow any part of an administrative

adjustment request filed under subsection (d) of section 6227

by a partner and paragraph (1) does not apply -

(i) such partner may, pursuant to section 7422, begin a

civil action for refund of any amount due by reason of the

adjustments described in such part of the request, and

(ii) on the beginning of such civil action, the partnership

items of such partner for the partnership taxable year to

which such part of such request relates shall be treated as

nonpartnership items for purposes of this subchapter.

(B) Period for filing petition

(i) In general

An action may be begun under subparagraph (A) with respect

to an administrative adjustment request for a partnership

taxable year only -

(I) after the expiration of 6 months from the date of

filing of the request under section 6227, and

(II) before the date which is 2 years after the date of

filing of such request.

(ii) Extension of time

The 2-year period described in subclause (II) of clause (i)

shall be extended for such period as may be agreed upon in

writing between the partner and the Secretary.

No petition may be filed under subparagraph (A) with respect

to an administrative adjustment request for a partnership

taxable year after the Secretary mails to the partnership a

notice of the beginning of a partnership proceeding with

respect to such year.

(D) Failure by Secretary to issue timely notice of adjustment

If the Secretary -

(i) mails the notice referred to in subparagraph (C) before

the expiration of the 2-year period referred to in clause

(i)(II) of subparagraph (B), and

(ii) fails to mail a notice of final partnership

administrative adjustment with respect to the partnership

taxable year to which the request relates before the

expiration of the period described in section 6229(a)

(including any extension by agreement),

subparagraph (C) shall cease to apply with respect to such

request, and the 2-year period referred to in clause (i)(II) of

subparagraph (B) shall not expire before the date 6 months

after the expiration of the period described in section 6229(a)

(including any extension by agreement).

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 656; amended Pub. L. 97-448, title III, Sec. 306(c)(1)(B),

Jan. 12, 1983, 96 Stat. 2406; Pub. L. 102-572, title IX, Sec.

902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 107-147, title

IV, Sec. 417(19)(B), Mar. 9, 2002, 116 Stat. 56.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-147, Sec. 417(19)(B)(i),

substituted "subsection (c) of section 6227" for "subsection (b) of

section 6227".

Subsec. (a)(3)(A). Pub. L. 107-147, Sec. 417(19)(B)(ii), struck

out "subsection (b) of" before "section 6227".

Subsec. (b)(1), (2)(A). Pub. L. 107-147, Sec. 417(19)(B)(iii),

substituted "subsection (d) of section 6227" for "subsection (c) of

section 6227".

1992 - Subsec. (a)(1)(C), (6). Pub. L. 102-572 substituted "Court

of Federal Claims" for "Claims Court".

1983 - Subsec. (a)(6). Pub. L. 97-448 substituted "With respect

to the partnership, only the tax matters partner" for "Only the tax

matters partner".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by Pub. L. 97-448 effective as if included in the

provisions of the Tax Equity and Fiscal Responsibility Act of 1982,

Pub. L. 97-248, to which such amendment relates, see section 311(d)

of Pub. L. 97-448, set out as a note under section 31 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6230, 6231, 7422, 7451,

7459, 7482, 7485 of this title; title 28 sections 1346, 1508.

-End-

-CITE-

26 USC Sec. 6229 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6229. Period of limitations for making assessments

-STATUTE-

(a) General rule

Except as otherwise provided in this section, the period for

assessing any tax imposed by subtitle A with respect to any person

which is attributable to any partnership item (or affected item)

for a partnership taxable year shall not expire before the date

which is 3 years after the later of -

(1) the date on which the partnership return for such taxable

year was filed, or

(2) the last day for filing such return for such year

(determined without regard to extensions).

(b) Extension by agreement

(1) In general

The period described in subsection (a) (including an extension

period under this subsection) may be extended -

(A) with respect to any partner, by an agreement entered into

by the Secretary and such partner, and

(B) with respect to all partners, by an agreement entered

into by the Secretary and the tax matters partner (or any other

person authorized by the partnership in writing to enter into

such an agreement),

before the expiration of such period.

(2) Special rule with respect to debtors in title 11 cases

Notwithstanding any other law or rule of law, if an agreement

is entered into under paragraph (1)(B) and the agreement is

signed by a person who would be the tax matters partner but for

the fact that, at the time that the agreement is executed, the

person is a debtor in a bankruptcy proceeding under title 11 of

the United States Code, such agreement shall be binding on all

partners in the partnership unless the Secretary has been

notified of the bankruptcy proceeding in accordance with

regulations prescribed by the Secretary.

(3) Coordination with section 6501(c)(4)

Any agreement under section 6501(c)(4) shall apply with respect

to the period described in subsection (a) only if the agreement

expressly provides that such agreement applies to tax

attributable to partnership items.

(1) False return

If any partner has, with the intent to evade tax, signed or

participated directly or indirectly in the preparation of a

partnership return which includes a false or fraudulent item -

(A) in the case of partners so signing or participating in

the preparation of the return, any tax imposed by subtitle A

which is attributable to any partnership item (or affected

item) for the partnership taxable year to which the return

relates may be assessed at any time, and

(B) in the case of all other partners, subsection (a) shall

be applied with respect to such return by substituting "6

years" for "3 years".

(2) Substantial omission of income

If any partnership omits from gross income an amount properly

includible therein which is in excess of 25 percent of the amount

of gross income stated in its return, subsection (a) shall be

applied by substituting "6 years" for "3 years".

(3) No return

In the case of a failure by a partnership to file a return for

any taxable year, any tax attributable to a partnership item (or

affected item) arising in such year may be assessed at any time.

(4) Return filed by Secretary

For purposes of this section, a return executed by the

Secretary under subsection (b) of section 6020 on behalf of the

partnership shall not be treated as a return of the partnership.

(d) Suspension when Secretary makes administrative adjustment

If notice of a final partnership administrative adjustment with

respect to any taxable year is mailed to the tax matters partner,

the running of the period specified in subsection (a) (as modified

by other provisions of this section) shall be suspended -

(1) for the period during which an action may be brought under

section 6226 (and, if a petition is filed under section 6226 with

respect to such administrative adjustment, until the decision of

the court becomes final), and

(2) for 1 year thereafter.

(e) Unidentified partner

If -

(1) the name, address, and taxpayer identification number of a

partner are not furnished on the partnership return for a

partnership taxable year, and

(2)(A) the Secretary, before the expiration of the period

otherwise provided under this section with respect to such

partner, mails to the tax matters partner the notice specified in

paragraph (2) of section 6223(a) with respect to such taxable

year, or

(B) the partner has failed to comply with subsection (b) of

section 6222 (relating to notification of inconsistent treatment)

with respect to any partnership item for such taxable year,

the period for assessing any tax imposed by subtitle A which is

attributable to any partnership item (or affected item) for such

taxable year shall not expire with respect to such partner before

the date which is 1 year after the date on which the name, address,

and taxpayer identification number of such partner are furnished to

the Secretary.

(f) Special rules

(1) Items becoming nonpartnership items

If before the expiration of the period otherwise provided in

this section for assessing any tax imposed by subtitle A with

respect to the partnership items of a partner for the partnership

taxable year, such items become nonpartnership items by reason of

1 or more of the events described in subsection (b) of section

6231, the period for assessing any tax imposed by subtitle A

which is attributable to such items (or any item affected by such

items) shall not expire before the date which is 1 year after the

date on which the items become nonpartnership items. The period

described in the preceding sentence (including any extension

period under this sentence) may be extended with respect to any

partner by agreement entered into by the Secretary and such

partner.

(2) Special rule for partial settlement agreements

If a partner enters into a settlement agreement with the

Secretary or the Attorney General (or his delegate) with respect

to the treatment of some of the partnership items in dispute for

a partnership taxable year but other partnership items for such

year remain in dispute, the period of limitations for assessing

any tax attributable to the settled items shall be determined as

if such agreement had not been entered into.

(g) Period of limitations for penalties

The provisions of this section shall apply also in the case of

any addition to tax or an additional amount imposed under

subchapter A of chapter 68 which arises with respect to any tax

imposed under subtitle A in the same manner as if such addition or

additional amount were a tax imposed by subtitle A.

(h) Suspension during pendency of bankruptcy proceeding

If a petition is filed naming a partner as a debtor in a

bankruptcy proceeding under title 11 of the United States Code, the

running of the period of limitations provided in this section with

respect to such partner shall be suspended -

(1) for the period during which the Secretary is prohibited by

reason of such bankruptcy proceeding from making an assessment,

and

(2) for 60 days thereafter.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 659; amended Pub. L. 99-514, title XVIII, Sec. 1875(d)(1),

Oct. 22, 1986, 100 Stat. 2896; Pub. L. 100-647, title I, Sec.

1018(o)(3), Nov. 10, 1988, 102 Stat. 3585; Pub. L. 105-34, title

XII, Secs. 1233(a)-(c), 1235(a), Aug. 5, 1997, 111 Stat. 1023,

1024; Pub. L. 107-147, title IV, Sec. 416(d)(1)(B), Mar. 9, 2002,

116 Stat. 55.)

-MISC1-

AMENDMENTS

2002 - Subsec. (f)(2). Pub. L. 107-147 inserted "or the Attorney

General (or his delegate)" after "Secretary".

1997 - Subsec. (b)(2), (3). Pub. L. 105-34, Sec. 1233(c), added

par. (2) and redesignated former par. (2) as (3).

Subsec. (d)(1). Pub. L. 105-34, Sec. 1233(a), substituted "(and,

if a petition is filed under section 6226 with respect to such

administrative adjustment, until the decision of the court becomes

final), and" for "(and, if an action with respect to such

administrative adjustment is brought during such period, until the

decision of the court in such action becomes final), and".

Subsec. (f). Pub. L. 105-34, Sec. 1235(a), substituted "Special

rules" for "Items becoming nonpartnership items" in heading,

designated existing provisions as par. (1), added heading, and

realigned margins, and added par. (2).

Subsec. (h). Pub. L. 105-34, Sec. 1233(b), added subsec. (h).

1988 - Subsec. (f). Pub. L. 100-647 inserted sentence at end

relating to extension of period with respect to any partner by

agreement entered into by Secretary and such partner.

1986 - Subsec. (g). Pub. L. 99-514 added subsec. (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-147 applicable with respect to

settlement agreements entered into after Mar. 9, 2002, see section

416(d)(2) of Pub. L. 107-147, set out as a note under section 6224

of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1233(d) of Pub. L. 105-34 provided that:

"(1) Subsections (a) and (b). - The amendments made by

subsections (a) and (b) [amending this section] shall apply to

partnership taxable years with respect to which the period under

section 6229 of the Internal Revenue Code of 1986 [26 U.S.C. 6229]

for assessing tax has not expired on or before the date of the

enactment of this Act [Aug. 5, 1997].

"(2) Subsection (c). - The amendment made by subsection (c)

[amending this section] shall apply to agreements entered into

after the date of the enactment of this Act."

Section 1235(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall apply to

settlements entered into after the date of the enactment of this

Act [Aug. 5, 1997]."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 effective, except as otherwise

provided, as if included in the provisions of the Tax Reform Act of

1984, Pub. L. 98-369, div. A, to which such amendment relates, see

section 1881 of Pub. L. 99-514, set out as a note under section 48

of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6227, 6228, 6230, 6234,

6255, 6501, 6503, 6504, 6512 of this title.

-End-

-CITE-

26 USC Sec. 6230 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6230. Additional administrative provisions

-STATUTE-

(a) Coordination with deficiency proceedings

(1) In general

Except as provided in paragraph (2) or (3), subchapter B of

this chapter shall not apply to the assessment or collection of

any computational adjustment.

(2) Deficiency proceedings to apply in certain cases

(A) Subchapter B shall apply to any deficiency attributable

to -

(i) affected items which require partner level

determinations (other than penalties, additions to tax, and

additional amounts that relate to adjustments to partnership

items), or

(ii) items which have become nonpartnership items (other

than by reason of section 6231(b)(1)(C)) and are described in

section 6231(e)(1)(B).

(B) Subchapter B shall be applied separately with respect to

each deficiency described in subparagraph (A) attributable to

each partnership.

or proceeding under subchapter B with respect to a deficiency

described in this paragraph shall not preclude or be precluded

by any other notice, proceeding, or determination with respect

to a partner's tax liability for a taxable year.

(3) Special rule in case of assertion by partner's spouse of

innocent spouse relief

(A) Notwithstanding section 6404(b), if the spouse of a partner

asserts that section 6013(e) applies with respect to a liability

that is attributable to any adjustment to a partnership item

(including any liability for any penalties, additions to tax, or

additional amounts relating to such adjustment), then such spouse

may file with the Secretary within 60 days after the notice of

computational adjustment is mailed to the spouse a request for

abatement of the assessment specified in such notice. Upon

receipt of such request, the Secretary shall abate the

assessment. Any reassessment of the tax with respect to which an

abatement is made under this subparagraph shall be subject to the

deficiency procedures prescribed by subchapter B. The period for

making any such reassessment shall not expire before the

expiration of 60 days after the date of such abatement.

(B) If the spouse files a petition with the Tax Court pursuant

to section 6213 with respect to the request for abatement

described in subparagraph (A), the Tax Court shall only have

jurisdiction pursuant to this section to determine whether the

requirements of section 6013(e) have been satisfied. For purposes

of such determination, the treatment of partnership items (and

the applicability of any penalties, additions to tax, or

additional amounts) under the settlement, the final partnership

administrative adjustment, or the decision of the court

(whichever is appropriate) that gave rise to the liability in

question shall be conclusive.

and (C) of paragraph (2) shall apply for purposes of this

paragraph.

(b) Mathematical and clerical errors appearing on partnership

return

(1) In general

Section 6225 shall not apply to any adjustment necessary to

correct a mathematical or clerical error (as defined in section

6213(g)(2)) appearing on the partnership return.

(2) Exception

Paragraph (1) shall not apply to a partner if, within 60 days

after the day on which notice of the correction of the error is

mailed to the partner, such partner files with the Secretary a

request that the correction not be made.

(1) In general

A partner may file a claim for refund on the grounds that -

(A) the Secretary erroneously computed any computational

adjustment necessary -

(i) to make the partnership items on the partner's return

consistent with the treatment of the partnership items on the

partnership return, or

(ii) to apply to the partner a settlement, a final

partnership administrative adjustment, or the decision of a

court in an action brought under section 6226 or section

6228(a),

(B) the Secretary failed to allow a credit or to make a

refund to the partner in the amount of the overpayment

attributable to the application to the partner of a settlement,

a final partnership administrative adjustment, or the decision

of a court in an action brought under section 6226 or section

6228(a), or

to tax, or additional amount which relates to an adjustment to

a partnership item.

(2) Time for filing claim

(A) Under paragraph (1)(A) or (C)

Any claim under subparagraph (A) or (C) of paragraph (1)

shall be filed within 6 months after the day on which the

Secretary mails the notice of computational adjustment to the

partner.

(B) Under paragraph (1)(B)

Any claim under paragraph (1)(B) shall be filed within 2

years after whichever of the following days is appropriate:

(i) the day on which the settlement is entered into,

(ii) the day on which the period during which an action may

be brought under section 6226 with respect to the final

partnership administrative adjustment expires, or

(iii) the day on which the decision of the court becomes

final.

(3) Suit if claim not allowed

If any portion of a claim under paragraph (1) is not allowed,

the partner may bring suit with respect to such portion within

the period specified in subsection (a) of section 6532 (relating

to periods of limitations on refund suits).

(4) No review of substantive issues

For purposes of any claim or suit under this subsection, the

treatment of partnership items on the partnership return, under

the settlement, under the final partnership administrative

adjustment, or under the decision of the court (whichever is

appropriate) shall be conclusive. In addition, the determination

under the final partnership administrative adjustment or under

the decision of the court (whichever is appropriate) concerning

the applicability of any penalty, addition to tax, or additional

amount which relates to an adjustment to a partnership item shall

also be conclusive. Notwithstanding the preceding sentence, the

partner shall be allowed to assert any partner level defenses

that may apply or to challenge the amount of the computational

adjustment.

(5) Rules for seeking innocent spouse relief

(A) In general

The spouse of a partner may file a claim for refund on the

ground that the Secretary failed to relieve the spouse under

section 6015 from a liability that is attributable to an

adjustment to a partnership item (including any liability for

any penalties, additions to tax, or additional amounts relating

to such adjustment).

(B) Time for filing claim

Any claim under subparagraph (A) shall be filed within 6

months after the day on which the Secretary mails to the spouse

the notice of computational adjustment referred to in

subsection (a)(3)(A).

If the claim under subparagraph (B) is not allowed, the

spouse may bring suit with respect to the claim within the

period specified in paragraph (3).

(D) Prior determinations are binding

For purposes of any claim or suit under this paragraph, the

treatment of partnership items (and the applicability of any

penalties, additions to tax, or additional amounts) under the

settlement, the final partnership administrative adjustment, or

the decision of the court (whichever is appropriate) that gave

rise to the liability in question shall be conclusive.

(d) Special rules with respect to credits or refunds attributable

to partnership items

(1) In general

Except as otherwise provided in this subsection, no credit or

refund of an overpayment attributable to a partnership item (or

an affected item) for a partnership taxable year shall be allowed

or made to any partner after the expiration of the period of

limitation prescribed in section 6229 with respect to such

partner for assessment of any tax attributable to such item.

(2) Administrative adjustment request

If a request for an administrative adjustment under section

6227 with respect to a partnership item is timely filed, credit

or refund of any overpayment attributable to such partnership

item (or an affected item) may be allowed or made at any time

before the expiration of the period prescribed in section 6228

for bringing suit with respect to such request.

(3) Claim under subsection (c)

If a timely claim is filed under subsection (c) for a credit or

refund of an overpayment attributable to a partnership item (or

affected item), credit or refund of such overpayment may be

allowed or made at any time before the expiration of the period

specified in section 6532 (relating to periods of limitations on

suits) for bringing suit with respect to such claim.

(4) Timely suit

Paragraph (1) shall not apply to any credit or refund of any

overpayment attributable to a partnership item (or an item

affected by such partnership item) if a partner brings a timely

suit with respect to a timely administrative adjustment request

under section 6228 or a timely claim under subsection (c)

relating to such overpayment.

(5) Overpayments refunded without requirement that partner file

claim

In the case of any overpayment by a partner which is

attributable to a partnership item (or an affected item) and

which may be refunded under this subchapter, to the extent

practicable credit or refund of such overpayment shall be allowed

or made without any requirement that the partner file a claim

therefor.

(6) Subchapter B of chapter 66 not applicable

Subchapter B of chapter 66 (relating to limitations on credit

or refund) shall not apply to any credit or refund of an

overpayment attributable to a partnership item.

(e) Tax matters partner required to furnish names of partners to

Secretary

If the Secretary mails to any partnership the notice specified in

paragraph (1) of section 6223(a) with respect to any partnership

taxable year, the tax matters partner shall furnish to the

Secretary the name, address, profits interest, and taxpayer

identification number of each person who was a partner in such

partnership at any time during such taxable year. If the tax

matters partner later discovers that the information furnished to

the Secretary was incorrect or incomplete, the tax matters partner

shall furnish such revised or additional information as may be

necessary.

(f) Failure of tax matters partner, etc., to fulfill responsibility

does not affect applicability of proceeding

The failure of the tax matters partner, a pass-thru partner, the

representative of a notice group, or any other representative of a

partner to provide any notice or perform any act required under

this subchapter or under regulations prescribed under this

subchapter on behalf of such partner does not affect the

applicability of any proceeding or adjustment under this subchapter

to such partner.

(g) Date decision of court becomes final

For purposes of section 6229(d)(1) and section 6230(c)(2)(B), the

principles of section 7481(a) shall be applied in determining the

date on which a decision of a district court or the Court of

Federal Claims becomes final.

(h) Examination authority not limited

Nothing in this subchapter shall be construed as limiting the

authority granted to the Secretary under section 7602.

(i) Time and manner of filing statements, making elections, etc.

Except as otherwise provided in this subchapter, each -

(1) statement,

(2) election,

(3) request, and

(4) furnishing of information,

shall be filed or made at such time, in such manner, and at such

place as may be prescribed in regulations.

(j) Partnerships having principal place of business outside the

United States

For purposes of sections 6226 and 6228, a principal place of

business located outside the United States shall be treated as

located in the District of Columbia.

(k) Regulations

The Secretary shall prescribe such regulations as may be

necessary to carry out the purposes of this subchapter. Any

reference in this subchapter to regulations is a reference to

regulations prescribed by the Secretary.

(g742l) Court rules

Any action brought under any provision of this subchapter shall

be conducted in accordance with such rules of practice and

procedure as may be prescribed by the Court in which the action is

brought.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 660; amended Pub. L. 98-369, div. A, title VII, Sec.

714(p)(2)(A), July 18, 1984, 98 Stat. 964; Pub. L. 99-514, title

XVIII, Sec. 1875(d)(2)(A), Oct. 22, 1986, 100 Stat. 2896; Pub. L.

100-647, title I, Sec. 1018(o)(1), Nov. 10, 1988, 102 Stat. 3584;

Pub. L. 102-572, title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat.

4516; Pub. L. 105-34, title XII, Secs. 1237(a)-(c)(1),

1238(b)(2)-(6), 1239(c)(1), Aug. 5, 1997, 111 Stat. 1025-1028; Pub.

L. 105-206, title III, Sec. 3201(e)(2), July 22, 1998, 112 Stat.

740.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(5)(A). Pub. L. 105-206 substituted "section

6015" for "section 6013(e)".

1997 - Subsec. (a)(1). Pub. L. 105-34, Sec. 1237(c)(1),

substituted "paragraph (2) or (3)" for "paragraph (2)".

Subsec. (a)(2)(A)(i). Pub. L. 105-34, Sec. 1238(b)(2), amended

cl. (i) generally. Prior to amendment, cl. (i) read as follows:

"affected items which require partner level determinations, or".

Subsec. (a)(3). Pub. L. 105-34, Sec. 1237(a), added par. (3).

Subsec. (a)(3)(A). Pub. L. 105-34, Sec. 1238(b)(3)(A), inserted

"(including any liability for any penalties, additions to tax, or

additional amounts relating to such adjustment)" after "partnership

item".

Subsec. (a)(3)(B). Pub. L. 105-34, Sec. 1238(b)(3)(B), inserted

"(and the applicability of any penalties, additions to tax, or

additional amounts)" after "partnership items".

Subsec. (c)(1)(C). Pub. L. 105-34, Sec. 1238(b)(4), added subpar.

(C).

Subsec. (c)(2)(A). Pub. L. 105-34, Sec. 1238(b)(5), inserted "or

(C)" after "(1)(A)" in subpar. heading and substituted

"subparagraph (A) or (C) of paragraph (1)" for "paragraph (1)(A)"

in text.

Subsec. (c)(4). Pub. L. 105-34, Sec. 1238(b)(6), inserted at end

"In addition, the determination under the final partnership

administrative adjustment or under the decision of the court

(whichever is appropriate) concerning the applicability of any

penalty, addition to tax, or additional amount which relates to an

adjustment to a partnership item shall also be conclusive.

Notwithstanding the preceding sentence, the partner shall be

allowed to assert any partner level defenses that may apply or to

challenge the amount of the computational adjustment."

Subsec. (c)(5). Pub. L. 105-34, Sec. 1237(b), added par. (5).

Subsec. (c)(5)(A). Pub. L. 105-34, Sec. 1238(b)(3)(C), inserted

before period at end "(including any liability for any penalties,

additions to tax, or additional amounts relating to such

adjustment)".

Subsec. (c)(5)(D). Pub. L. 105-34, Sec. 1238(b)(3)(D), inserted

"(and the applicability of any penalties, additions to tax, or

additional amounts)" after "partnership items".

Subsec. (d)(6). Pub. L. 105-34, Sec. 1239(c)(1), struck out "(or

an affected item)" after "partnership item".

1992 - Subsec. (g). Pub. L. 102-572 substituted "Court of Federal

Claims" for "Claims Court".

1988 - Subsec. (a)(2)(A)(ii). Pub. L. 100-647 inserted "(other

than by reason of section 6231(b)(1)(C))" after "nonpartnership

items".

1986 - Subsec. (a). Pub. L. 99-514 substituted "Coordination with

deficiency proceedings" for "Normal deficiency proceedings do not

apply to computational adjustments" as subsec. heading, and amended

text generally. Prior to amendment text read as follows:

"Subchapter B of this chapter shall not apply to the assessment or

collection of any computational adjustment."

1984 - Subsec. (c)(1)(B). Pub. L. 98-369 struck out "(or

erroneously computed the amount of any such credit or refund)"

after "section 6228(a)".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-206 applicable to any liability for tax

arising after July 22, 1998, and any liability for tax arising on

or before such date but remaining unpaid as of such date, see

section 3201(g)(1) of Pub. L. 105-206, set out as a note under

section 6015 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1237(d) of Pub. L. 105-34 provided that: "The amendments

made by this section [amending this section and section 6503 of

this title] shall take effect as if included in the amendments made

by section 402 of the Tax Equity and Fiscal Responsibility Act of

1982 [Pub. L. 97-248]."

Amendment by section 1238(b)(2)-(6) of Pub. L. 105-34 applicable

to partnership taxable years ending after Aug. 5, 1997, see section

1238(c) of Pub. L. 105-34, set out as a note under section 6221 of

this title.

Amendment by section 1239(c)(1) of Pub. L. 105-34 applicable to

partnership taxable years ending after Aug. 5, 1997, see section

1239(f) of Pub. L. 105-34, set out as a note under section 6225 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective, except as otherwise

provided, as if included in the provision of the Tax Reform Act of

1986, Pub. L. 99-514, to which such amendment relates, see section

1019(a) of Pub. L. 100-647, set out as a note under section 1 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1875(d)(2)(C) of Pub. L. 99-514 provided that: "The

amendments made by this paragraph [amending this section and

sections 6213 and 6503 of this title] shall take effect as if

included in the Tax Equity and Fiscal Responsibility Act of 1982

[Pub. L. 97-248]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective as if included in the

provision of the Tax Equity and Fiscal Responsibility Act of 1982,

Pub. L. 97-248, to which such amendment relates, see section 715 of

Pub. L. 98-369, set out as a note under section 31 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or

title XVIII [Secs. 1800-1899A] of Pub. L. 99-514 require an

amendment to any plan, such plan amendment shall not be required to

be made before the first plan year beginning on or after Jan. 1,

1989, see section 1140 of Pub. L. 99-514, as amended, set out as a

note under section 401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6213, 6234, 6422, 6503,

6512, 6515, 7422 of this title.

-End-

-CITE-

26 USC Sec. 6231 01/06/03

-EXPCITE-

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 63 - ASSESSMENT

Subchapter C - Tax Treatment of Partnership Items

-HEAD-

Sec. 6231. Definitions and special rules

-STATUTE-

(a) Definitions

For purposes of this subchapter -

(1) Partnership

(A) In general

Except as provided in subparagraph (B), the term

"partnership" means any partnership required to file a return

under section 6031(a).

(B) Exception for small partnerships

(i) In general

The term "partnership" shall not include any partnership

having 10 or fewer partners each of whom is an individual

(other than a nonresident alien), a C corporation, or an

estate of a deceased partner. For purposes of the preceding

sentence, a husband and wife (and their estates) shall be

treated as 1 partner.

(ii) Election to have subchapter apply

A partnership (within the meaning of subparagraph (A)) may

for any taxable year elect to have clause (i) not apply. Such

election shall apply for such taxable year and all subsequent

taxable years unless revoked with the consent of the

Secretary.

(2) Partner

The term "partner" means -

(A) a partner in the partnership, and

(B) any other person whose income tax liability under

subtitle A is determined in whole or in part by taking into

account directly or indirectly partnership items of the

partnership.

(3) Partnership item

The term "partnership item" means, with respect to a

partnership, any item required to be taken into account for the

partnership's taxable year under any provision of subtitle A to

the extent regulations prescribed by the Secretary provide that,

for purposes of this subtitle, such item is more appropriately

determined at the partnership level than at the partner level.

(4) Nonpartnership item

The term "nonpartnership item" means an item which is (or is

treated as) not a partnership item.

(5) Affected item

The term "affected item" means any item to the extent such item

is affected by a partnership item.

(6) Computational adjustment

The term "computational adjustment" means the change in the tax

liability of a partner which properly reflects the treatment

under this subchapter of a partnership item. All adjustments

required to apply the results of a proceeding with respect to a

partnership under this subchapter to an indirect partner shall be

treated as computational adjustments.

(7) Tax matters partner

The tax matters partner of any partnership is -

(A) the general partner designated as the tax matters partner

as provided in regulations, or

(B) if there is no general partner who has been so

designated, the general partner having the largest profits

interest in the partnership at the close of the taxable year

involved (or, where there is more than 1 such partner, the 1 of

such partners whose name would appear first in an alphabetical

listing).

If there is no general partner designated under subparagraph (A)

and the Secretary determines that it is impracticable to apply

subparagraph (B), the partner selected by the Secretary shall be

treated as the tax matters partner. The Secretary shall, within

30 days of selecting a tax matters partner under the preceding

sentence, notify all partners required to receive notice under

section 6223(a) of the name and address of the person selected.

(8) Notice partner

The term "notice partner" means a partner who, at the time in

question, would be entitled to notice under subsection (a) of

section 6223 (determined without regard to subsections (b)(2) and

(e)(1)(B) thereof).

(9) Pass-thru partner

The term "pass-thru partner" means a partnership, estate,

trust, S corporation, nominee, or other similar person through

whom other persons hold an interest in the partnership with

respect to which proceedings under this subchapter are conducted.

(10) Indirect partner

The term "indirect partner" means a person holding an interest

in a partnership through 1 or more pass-thru partners.

(11) 5-percent group

A 5-percent group is a group of partners who for the

partnership taxable year involved had profits interests which

aggregated 5 percent or more.

(12) Husband and wife

Except to the extent otherwise provided in regulations, a

husband and wife who have a joint interest in a partnership shall

be treated as 1 person.

(b) Items cease to be partnership items in certain cases

(1) In general

For purposes of this subchapter, the partnership items of a

partner for a partnership taxable year shall become

nonpartnership items as of the date -

(A) the Secretary mails to such partner a notice that such

items shall be treated as nonpartnership items,

(B) the partner files suit under section 6228(b) after the

Secretary fails to allow an administrative adjustment request

with respect to any of such items,

enters into a settlement agreement with the partner with

respect to such items, or

(D) such change occurs under subsection (e) of section 6223

(relating to effect of Secretary's failure to provide notice)

or under subsection (c) of this section.

(2) Circumstances in which notice is permitted

The Secretary may mail the notice referred to in subparagraph

(A) of paragraph (1) to a partner with respect to partnership

items for a partnership taxable year only if -

(A) such partner -

(i) has complied with subparagraph (B) of section

6222(b)(1) (relating to notification of inconsistent

treatment) with respect to one or more of such items, and

(ii) has not, as of the date on which the Secretary mails

the notice, filed a request for administrative adjustments

which would make the partner's treatment of the item or items

with respect to which the partner complied with subparagraph

(B) of section 6222(b)(1) consistent with the treatment of

such item or items on the partnership return, or

(B)(i) such partner has filed a request under section 6227(d)

for administrative adjustment of one or more of such items, and

(ii) the adjustments requested would not make such partner's

treatment of such items consistent with the treatment of such

items on the partnership return.

(3) Notice must be mailed before beginning of partnership

proceeding

Any notice to a partner under subparagraph (A) of paragraph (1)

with respect to partnership items for a partnership taxable year

shall be mailed before the day on which the Secretary mails to

the tax matters partner a notice of the beginning of an

administrative proceeding at the partnership level with respect

to such items.

(1) Applicability of subsection

This subsection applies in the case of -

(A) assessments under section 6851 (relating to termination

assessments of income tax) or section 6861 (relating to

jeopardy assessments of income, estate, gift, and certain

excise taxes),

(B) criminal investigations,

(D) foreign partnerships, and

(E) other areas that the Secretary determines by regulation

to present special enforcement considerations.

(2) Items may be treated as nonpartnership items

To the extent that the Secretary determines and provides by

regulations that to treat items as partnership items will

interfere with the effective and efficient enforcement of this

title in any case described in paragraph (1), such items shall be

treated as nonpartnership items for purposes of this subchapter.

(3) Special rules

The Secretary may prescribe by regulation such special rules as

the Secretary determines to be necessary to achieve the purposes

of this subchapter in any case described in paragraph (1).

(d) Time for determining partner's profits interest in partnership

(1) In general

For purposes of section 6223(b) (relating to special rules for

partnerships with more than 100 partners) and paragraph (11) of

subsection (a) (relating to 5-percent group), the interest of a

partner in the profits of a partnership for a partnership taxable

year shall be determined -

(A) in the case of a partner whose entire interest in the

partnership is disposed of during such partnership taxable

year, as of the moment immediately before such disposition, or

(B) in the case of any other partner, as of the close of the

partnership taxable year.

(2) Indirect partners

The Secretary shall prescribe regulations consistent with the

principles of paragraph (1) to be applied in the case of indirect

partners.

(e) Effect of judicial decisions in certain proceedings

(1) Determinations at partner level

No judicial determination with respect to the income tax

liability of any partner not conducted under this subchapter

shall be a bar to any adjustment in such partner's income tax

liability resulting from -

(A) a proceeding with respect to partnership items under this

subchapter, or

(B) a proceeding with respect to items which become

nonpartnership items -

(i) by reason of 1 or more of the events described in

subsection (b), and

(ii) after the appropriate time for including such items in

any other proceeding with respect to nonpartnership items.

(2) Proceedings under section 6228(a)

No judicial determination in any proceeding under subsection

(a) of section 6228 with respect to any partnership item shall be

a bar to any adjustment in any other partnership item.

(f) Special rule for deductions, losses, and credits of foreign

partnerships

Except to the extent otherwise provided in regulations, in the

case of any partnership the tax matters partner of which resides

outside the United States or the books of which are maintained

outside the United States, no deduction, loss, or credit shall be

allowable to any partner unless section 6031 is complied with for

the partnership's taxable year in which such deduction, loss, or

credit arose at such time as the Secretary prescribes by

regulations.

(g) Partnership return to be determinative of whether subchapter

applies

(1) Determination that subchapter applies

If, on the basis of a partnership return for a taxable year,

the Secretary reasonably determines that this subchapter applies

to such partnership for such year but such determination is

erroneous, then the provisions of this subchapter are hereby

extended to such partnership (and its items) for such taxable

year and to partners of such partnership.

(2) Determination that subchapter does not apply

If, on the basis of a partnership return for a taxable year,

the Secretary reasonably determines that this subchapter does not

apply to such partnership for such year but such determination is

erroneous, then the provisions of this subchapter shall not apply

to such partnership (and its items) for such taxable year or to

partners of such partnership.

-SOURCE-

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96

Stat. 663; amended Pub. L. 98-369, div. A, title VII, Sec.

714(p)(2)(B)-(D), (I), July 18, 1984, 98 Stat. 964, 965; Pub. L.

105-34, title XI, Sec. 1141(b), title XII, Secs. 1232(a), 1234(a),

Aug. 5, 1997, 111 Stat. 981, 1023, 1024; Pub. L. 105-206, title

III, Sec. 3507(a), July 22, 1998, 112 Stat. 772; Pub. L. 107-147,

title IV, Secs. 416(d)(1)(C), 417(19)(C), Mar. 9, 2002, 116 Stat.

55, 57.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1)(C). Pub. L. 107-147, Sec. 416(d)(1)(C),

inserted "or the Attorney General (or his delegate)" after

"Secretary".

Subsec. (b)(2)(B)(i). Pub. L. 107-147, Sec. 417(19)(C),

substituted "section 6227(d)" for "section 6227(c)".

1998 - Subsec. (a)(7). Pub. L. 105-206 inserted at end "The

Secretary shall, within 30 days of selecting a tax matters partner

under the preceding sentence, notify all partners required to

receive notice under section 6223(a) of the name and address of the

person selected."

1997 - Subsec. (a)(1)(B)(i). Pub. L. 105-34, Sec. 1234(a),

reenacted heading of cl. (i) without change and amended text

generally. Prior to amendment, text read as follows: "The term

'partnership' shall not include any partnership if -

"(I) such partnership has 10 or fewer partners each of whom is

a natural person (other than a nonresident alien) or an estate,

and

"(II) each partner's share of each partnership item is the same

as his share of every other item.

For purposes of the preceding sentence, a husband and wife (and

their estates) shall be treated as 1 partner."

Subsec. (f). Pub. L. 105-34, Sec. 1141(b), substituted

"deductions, losses, and" for "losses and" in subsec. heading and

"deduction, loss, or" for "loss or" in two places in text.

Subsec. (g). Pub. L. 105-34, Sec. 1232(a), added subsec. (g).

1984 - Subsec. (a)(9). Pub. L. 98-369, Sec. 714(p)(2)(B),

substituted "S corporation" for "electing small business

corporation".

Subsec. (b)(2)(B). Pub. L. 98-369, Sec. 714(p)(2)(I), substituted

section "6227(c)" for "6227(b)".

Subsec. (d)(1)(A). Pub. L. 98-369, Sec. 714(p)(2)(C), amended

subpar. (A) generally, substituting "disposed of" and "disposition"

for "liquidated, sold, or exchanged" and "liquidation, sale, or

exchange", respectively.

Subsec. (f). Pub. L. 98-369, Sec. 714(p)(2)(D), substituted "such

loss or credit" for "such deduction or credit".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by section 416(d)(1)(C) of Pub. L. 107-147 applicable

with respect to settlement agreements entered into after Mar. 9,

2002, see section 416(d)(2) of Pub. L. 107-147, set out as a note

under section 6224 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-206, title III, Sec. 3507(b), July 22, 1998, 112

Stat. 772, provided that: "The amendment made by this section

[amending this section] shall apply to selections of tax matters

partners made by the Secretary of the Treasury after the date of

the enactment of this Act [July 22, 1998]."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 1141(b) of Pub. L. 105-34 applicable to

taxable years beginning after Aug. 5, 1997, see section 1141(c) of

Pub. L. 105-34, set out as a note under section 6031 of this title.

Section 1232(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall apply to

partnership taxable years ending after the date of the enactment of

this Act [Aug. 5, 1997]."

Section 1234(b) of Pub. L. 105-34 provided that: "The amendment

made by this section [amending this section] shall apply to

partnership taxable years ending after the date of the enactment of

this Act [Aug. 5, 1997]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective as if included in the

provision of the Tax Equity and Fiscal Responsibility Act of 1982,

Pub. L. 97-248, to which such amendment relates, see section 715 of

Pub. L. 98-369, set out as a note under section 31 of this title.

SPECIAL RULE FOR CERTAIN INTERNA

Descargar

Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Internal revenue code

Te va a interesar