- 21 - under the exception to the definition of a partnership as provided in section 6231(a)(1)(B) and did not elect out of the exception, respondent was not required to issue it an FPAA before mailing the deficiency notice to petitioner. National Land Bank does not fall within the small partnership exception because one of its partners, Speck, is a trust and not an individual. However, respondent used the indirect bank deposit method to calculate petitioner’s income. Section 6231(c)(1)(C) establishes a special rule where “indirect methods of proof of income” are utilized. This rule permits respondent to treat what would otherwise be partnership items, as nonpartnership items for purposes of sections 6221 through 6234.11 The rule applies to the extent regulations issued by the Secretary provide that treatment of an item as a partnership item will interfere with the effective and efficient enforcement of the revenue laws. Section 301.6231(c)-6T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6793 (Mar. 5, 1987), provides that the treatment of items as partnership items with respect to a partner whose income is determined by an indirect method of proof will interfere with 11 A partnership item with respect to a partnership is defined as “any item required to be taken into account for the partnership’s taxable year under any provision of subtitle A to the extent regulations prescribed by the Secretary provide that, for purposes of this subtitle, such item is more appropriately determined at the partnership level than at the partner level.” Sec. 6231(a)(3).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011