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26 U.S.C. § 6231 — Notice of proceedings and adjustment

submitted 11 years ago by Pub. L. 114-74 to r/title-26-INTERNAL-REVENUE-CODE · 369 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must send a partnership and its representative notices of partnership-level proceedings and proposed and final adjustments. The section sets timing rules, restricts repeat notices after a petition, and permits rescission with partnership consent.

(a) Notices. The Secretary must mail the partnership and partnership representative notice of (1) an administrative proceeding at partnership level about an adjustment to a partnership-related item or a partner’s distributive share, (2) a proposed adjustment from that proceeding, and (3) a final adjustment from it. A final notice is sufficient if mailed to the last known address of the representative or partnership, even after termination. The same first-sentence rule applies to a proceeding on a partnership administrative adjustment request under section 6227.
(b) Timing. (1) A proposed-adjustment notice may not be mailed later than the date set under section 6235 without considering its subsection (a)(2) and (3) rules. (2)(A) Unless the partnership waives this rule, a final notice may not be mailed before 270 days after the proposed notice. (B) Section 6235 supplies the limitations period.
(c) Repeat notices. If the Secretary sends a final notice for a year and the partnership petitions under section 6234, the Secretary may not send another final notice for that year unless fraud, malfeasance, or material-fact misrepresentation is shown.
(d) Rescission. With the partnership’s consent, the Secretary may rescind a mailed adjustment notice. A rescinded notice is not treated as an adjustment notice under this subchapter, and no section 6234 proceeding may be brought over it.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall mail to the partnership and the partnership representative—

(1)

notice of any administrative proceeding initiated at the partnership level with respect to an adjustment of any partnership-related item for any partnership taxable year, or any partner’s distributive share thereof,

(2)

notice of any proposed partnership adjustment resulting from such proceeding, and

(3)

notice of any final partnership adjustment resulting from such proceeding.

Any notice of a final partnership adjustment shall be sufficient if mailed to the last known address of the partnership representative or the partnership (even if the partnership has terminated its existence). The first sentence shall apply to any proceeding with respect to an administrative adjustment request filed by a partnership under section 6227.

(b) Timing of notices
(1) Notice of proposed partnership adjustment

Any notice of a proposed partnership adjustment shall not be mailed later than the date determined under section 6235 (determined without regard to paragraphs (2) and (3) of subsection (a) thereof).

(2) Notice of final partnership adjustment
(A) In general

Except to the extent that the partnership elects to waive the application of this subparagraph, any notice of a final partnership adjustment shall not be mailed earlier than 270 days after the date on which the notice of the proposed partnership adjustment is mailed.

(B) Statute of limitations on adjustment

For the period of limitations on making adjustments, see section 6235.

(c) Further notices restricted

If the Secretary mails a notice of a final partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under section 6234 with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not mail another such notice to such partnership with respect to such taxable year.

(d) Authority to rescind notice with partnership consent

The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment mailed to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment for purposes of this subchapter, and the taxpayer shall have no right to bring a proceeding under section 6234 with respect to such notice.

Source credit: (Added Pub. L. 114–74, title XI, § 1101(c)(1), Nov. 2, 2015, 129 Stat. 632; amended Pub. L. 115–141, div. U, title II, §§ 201(c)(6), 206(h), Mar. 23, 2018, 132 Stat. 1173, 1179.)

history & why it existsrecord from the source credit
  • 2015Enacted · Pub. L. 114-74 · 129 Stat. 632
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1173, 1179

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-74 on 2015-11-02.

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