- 20 - partnership and affected items unless it specifically so provides.’” Id. (quoting 2 Willis et al., Partnership Taxation, par. 20.08[2][a] (6th ed. 1999)).8 In his own manual, the Commissioner emphasized the need to include a reference to affected items in the Form 872. See Internal Revenue Manual (IRM) 4.31.2.6.3. While the IRM does not have the force of law, the manual provisions do constitute persuasive authority as to the IRS’s interpretation of the statute. Griswold v. United States, 59 F.3d 1571, 1576 n.8 (11th Cir. 1995). In Maxwell v. Commissioner, 87 T.C. at 791 n.6, we determined that a deficiency attributable to an affected item is a “deficiency attributable to a partnership item.” Id. The issue in Maxwell was whether we had jurisdiction over a partner’s deficiency proceeding when the items that were the subject of the adjustments were affected items determined by reference to a partnership item that was not the subject of a partnership level proceeding as required by section 6225(a). We determined that we did not have jurisdiction over the affected item at issue because 8See 2 Willis et al., Partnership Taxation, par. 20.08[2][a] (6th ed. 1999) (citing sec. 6229(b)(3)); 13 U.S. Tax Rep. (RIA) par. 62,214.08 (2006) (“An agreement to extend the period of limitations on assessment and collection under I.R.C. � 6501(c)(4) applies to the period of limitations for assessment of income tax attributable to a partnership item or affected item only if the agreement expressly provides that it applies to tax attributable to partnership items.”).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011