26-U.S.C.-6225

26-U.S.C.-6225

§6225 – Assessments Made Only After Partnership Level Proceedings Are Completed

Pathway

Title 26 > Subtitle F > Chapter 63 > Subchapter C > Section 6225

Details

  • Reference: Section 6225
  • Legend: §6225 – Assessments Made Only After Partnership Level Proceedings Are Completed
  • USCode Year: 2013

Provision Content

(a) Restriction on assessment and collection

Except as otherwise provided in this subchapter, no assessment of a deficiency attributable to any partnership item may be made (and no levy or proceeding in any court for the collection of any such deficiency may be made, begun, or prosecuted) before—

(1) the close of the 150th day after the day on which a notice of a final partnership administrative adjustment was mailed to the tax matters partner, and

(2) if a proceeding is begun in the Tax Court under section 6226 during such 150-day period, the decision of the court in such proceeding has become final.

(b) Premature action may be enjoined

Notwithstanding section 7421(a), any action which violates subsection (a) may be enjoined in the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action or proceeding under this subsection unless a timely petition for a readjustment of the partnership items for the taxable year has been filed and then only in respect of the adjustments that are the subject of such petition.

(c) Limit where no proceeding begun

If no proceeding under section 6226 is begun with respect to any final partnership administrative adjustment during the 150-day period described in subsection (a), the deficiency assessed against any partner with respect to the partnership items to which such adjustment relates shall not exceed the amount determined in accordance with such adjustment.

(Added Pub. L. 97–248, title IV, §402(a), Sept. 3, 1982, 96 Stat. 652; amended Pub. L. 105–34, title XII, §1239(a), Aug. 5, 1997, 111 Stat. 1027.)

Amendments

1997—Pub. L. 105–34 substituted the proper court, including the Tax Court. The Tax Court shall have no jurisdiction to enjoin any action or proceeding under this subsection unless a timely petition for a readjustment of the partnership items for the taxable year has been filed and then only in respect of the adjustments that are the subject of such petition. for the proper court.

Effective Date of 1997 Amendment

Pub. L. 105–34, title XII, §1239(f), Aug. 5, 1997, 111 Stat. 1028, provided that: The amendments made by this section [amending this section and sections 6226, 6230, 6501, 6512, 7421, 7459, and 7482 of this title] shall apply to partnership taxable years ending after the date of the enactment of this Act [Aug. 5, 1997].

U.S. Encyclopedia of Law Coverage

26-U.S.C.-6206 in the Legal Encyclopedia: Tax Administration

In this entry about 26-U.S.C.-6206, find legal reference material, bibliographies and premiere content related to tax administration in the American Encyclopedia of Law, presenting a comprehensive view of the United States tax administration-specific issues, written by authorities in the field.

Subchapter A – in the Legal Encyclopedia: Tax Procedure

In this entry about Subchapter A – , find legal reference material, bibliographies and premiere content related to tax procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States tax procedure-specific issues, written by authorities in the field.

26-U.S.C.-6214 in the Legal Encyclopedia: Tax Assessment

In this entry about 26-U.S.C.-6214, find legal reference material, bibliographies and premiere content related to tax assessment in the American Encyclopedia of Law, presenting a comprehensive view of the United States tax assessment-specific issues, written by authorities in the field.

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