- 8 - 1117 (4th Cir. 1977); Goldstone v. Commissioner, 65 T.C. 113 (1975). Additional concerns are implicated where the taxpayer is a partner and the item he seeks to change is an item that is more appropriately determined at the partnership level. Consistent treatment of these “partnership items” for all partners is a central principle of the TEFRA unified partnership audit and litigation procedures. See secs. 6221, 6222, 6227, 6231(a)(3); H. Conf. Rept. 97-760, at 600-601 (1982), 1982-2 C.B. 600, 662-663. To help the Secretary monitor consistency and to facilitate coordination, the statute and regulations thereunder establish specific procedures for changing the treatment of partnership items on a partner’s return. Sec. 6227; secs. 301.6227(b)-1T, 301.6227(c)-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6788 (Mar. 5, 1987). As an express legislative prescription, these procedures apparently supersede the discretionary administrative standards and case law governing the acceptance of amended returns generally: a partner’s treatment of partnership items on his return may not be changed except in accordance with these procedures. Sec. 301.6221-1T(a), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6781 (Mar. 5, 1987). Section 6227 provides that in order to change the treatment of a partnership item on his return the partner must file a request for administrative adjustment (RAA). Sec. 6227(a), (c). The RAA is filed on Form 8082, Notice of Inconsistent Treatment or Amended Return, together with the partner’s amended Federal income tax return. Sec. 301.6227(c)-1T, Temporary Proced.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011