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holding an interest in a partnership through 1 or more
pass-through partners”). The Commissioner’s duty to give notice
under section 6223(a) arises to the extent the Commissioner is
furnished with readily available information containing the name,
address, and profits interest of a direct or indirect partner in
either or both of two ways. First, the Commissioner may be
furnished the referenced information through the tax return of
the partnership under audit. See sec. 6223(c)(1). Second, the
Commissioner may be furnished the referenced information through
a statement that meets the requirements of section
301.6223(c)-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg.
6784 (Mar. 5, 1987).6 See sec. 6223(c)(2); sec.
301.6223(c)-1T(a), Temporary Proced. & Admin. Regs., supra. In
addition to information that is furnished to the Commissioner in
these two ways, the Commissioner may use other readily available
information possessed by him. In that vein, the temporary
regulations provide that the Commissioner has no obligation to
6 The temporary regulations are effective for the year in
issue. Effective with partnership taxable years beginning on or
after Oct. 4, 2001, the Commissioner has final regulations on the
subject matter at hand. See sec. 301.6223(c)-1, Proced. & Admin.
Regs. The relevant provisions of the temporary regulations that
are applicable herein are similar to the final regulations. The
temporary regulations applicable herein are similar to the final
regulations.
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Last modified: November 10, 2007