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Section 301.6231(c)-5T, Temporary Proced. & Admin. Regs., 52
Fed. Reg. 6793 (Mar. 5, 1987),12 was promulgated by the Secretary
pursuant to section 6231(c)(2) and (3) and provides for the
treatment of partnership items of a partner who is the subject of
a criminal tax investigation as follows:
The treatment of items as partnership items with
respect to a partner under criminal investigation for
violation of the internal revenue laws relating to
income tax will interfere with the effective and
efficient enforcement of the internal revenue laws.
Accordingly, partnership items of such a partner
arising in any partnership taxable year ending on or
before the last day of the latest taxable year of the
partner to which the criminal investigation relates
shall be treated as nonpartnership items as of the date
on which the partner is notified that he or she is the
subject of a criminal investigation and receives
written notification from the Service that his or her
partnership items shall be treated as nonpartnership
items. The partnership items of a partner who is
notified that he or she is the subject of a criminal
investigation shall not be treated as nonpartnership
items under this section unless and until such partner
receives written notification from the Service of such
treatment.
Generally, there is a 3-year period of limitations on the
assessment of a tax attributable to any partnership item. And,
generally, the issuance of an FPAA will suspend the period of
limitations. See, e.g., sec. 6229(d).
12 These temporary regulations apply to partnership taxable
years beginning after Sept. 3, 1982. See 52 Fed. Reg. 6779 (Mar.
5, 1987).
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Last modified: May 25, 2011