- 9 - Validity of the Affected Items Notice of Deficiency Section 6223(a) generally requires that the Commissioner mail each partner, whose name and address is furnished to the Commissioner, notice of: (1) The beginning of an administrative partnership proceeding, and (2) the final partnership administrative adjustment resulting from that proceeding. To comply with section 6223(a), the Commissioner is required to use the names, addresses, and profits interests of the partners shown on the partnership return for the taxable year in issue, as modified by any additional information supplied in accordance with applicable regulations. Sec. 6223(c); Triangle Investors Ltd. Partnership v. Commissioner, 95 T.C. 610, 613 (1990); sec. 301.6223(c)-1T(f), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6784 (Mar. 5, 1987). Supplementing the general provisions in section 6223(a), section 301.6231(a)(2)-1T(a)(3), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6790 (Mar. 5, 1987), provides that "a spouse who files a joint return with an individual holding a separate interest in [a] partnership shall be treated as receiving any notice received by the individual holding the separate interest." This rule of constructive notice does not apply, however, if the spouse without a separate partnership interest is identified on the partnership return or has furnished information to the Commissioner with respect to his or her indirect interest in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011