26-U.S.C.-6245
§6245 – Secretarial Authority
Pathway
Title 26 > Subtitle F > Chapter 63 > Subchapter D > Part II > Subpart A > Section 6245
Details
- Reference: Section 6245
- Legend: §6245 – Secretarial Authority
- USCode Year: 2013
Provision Content
(a) General rule
The Secretary is authorized and directed to make adjustments at the partnership level in any partnership item to the extent necessary to have such item be treated in the manner required.
(b) Notice of partnership adjustment
(1) In general
If the Secretary determines that a partnership adjustment is required, the Secretary is authorized to send notice of such adjustment to the partnership by certified mail or registered mail. Such notice shall be sufficient if mailed to the partnership at its last known address even if the partnership has terminated its existence.
(2) Further notices restricted
If the Secretary mails a notice of a partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under section 6247 with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not mail another such notice to such partnership with respect to such taxable year.
(3) Authority to rescind notice with partnership consent
The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment mailed to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment, for purposes of this section, section 6246, and section 6247, and the taxpayer shall have no right to bring a proceeding under section 6247 with respect to such notice. Nothing in this subsection shall affect any suspension of the running of any period of limitations during any period during which the rescinded notice was outstanding.
(Added Pub. L. 105–34, title XII, §1222(a), Aug. 5, 1997, 111 Stat. 1013.)
Prior Provisions
A prior section 6245, added Pub. L. 97–354, §4(a), Oct. 19, 1982, 96 Stat. 1692, defined subchapter S item for purposes of subchapter, prior to repeal by Pub. L. 104–188, title I, §§1307(c)(1), 1317(a), Aug. 20, 1996, 110 Stat. 1781, 1787, applicable to taxable years beginning after Dec. 31, 1996.
U.S. Encyclopedia of Law Coverage
26-U.S.C.-6240 in the Legal Encyclopedia: Tax Administration
In this entry about 26-U.S.C.-6240, 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.
26-U.S.C.-6231 in the Legal Encyclopedia: Tax Procedure
In this entry about 26-U.S.C.-6231, 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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