Robert James Jaffe - Page 8

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          pass-thru entity, the Commissioner is required to give notice to            
          such partner in lieu of the pass-thru entity that would otherwise           
          be entitled to notice, if the indirect partner’s name, address,             
          and profits interest is provided.  Sec. 6223(c)(3).                         
               The Commissioner’s duty to notify under section 6223(a) is             
          triggered only if the names, addresses, and profits interests of            
          partners and indirect partners are provided to the IRS in one of            
          two forms described in section 6223(c).  They must be furnished             
          either on the tax return of the partnership being audited, or in            
          a statement to the IRS that fulfills the requirements of section            
          301.6223(c)-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg.              
          6784 (Mar. 5, 1987).  Sec. 6223(c).  The IRS also may use other             
          information that is available to it; however, it is not required            
          to “search its records” to obtain information not provided in the           
          forms required by section 6223(c).  Sec. 301.6223(c)-1T(f),                 
          Temporary Proced. & Admin. Regs., supra.7                                   
               In this case, the IRS was required to, and did, notify Asher           
          of the Wilshire audit.  Sec. 6223(a).  Wilshire’s partnership               
          return would have indicated Asher’s name, address, and profits              
          interest, and would also have indicated the number of partners              
          that Wilshire had.  Nothing in the record indicates that the                
          Wilshire partnership return listed the individual Asher partners.           


               7The temporary regulations were in effect for the year in              
          issue; the Commissioner published final regulations effective               
          Oct. 4, 2001.  Sec. 301.6223(c)-1(g), Proced. & Admin. Regs.                




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