[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6223(c)-1]

[Page 169-170]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Assessment
 
Sec. 301.6223(c)-1  Additional information regarding partners furnished 
to the Internal Revenue Service.

    (a) In general. In addition to the names, addresses, and profits 
interests as shown on the partnership return, the Internal Revenue 
Service will use additional information as provided in this section for 
purposes of administering subchapter C of chapter 63 of the Internal 
Revenue Code.
    (b) Procedure for furnishing additional information--(1) In general. 
Any person may furnish additional information at any time by filing a 
written statement with the Internal Revenue Service. However, the 
information contained in the statement will be considered for purposes 
of determining whether a partner is entitled to a notice described in 
section 6223(a) only if the Internal Revenue Service receives the 
statement at least 30 days before the date on which the Internal Revenue 
Service mails the notice to the tax matters partner. Similarly, 
information contained in the statement generally will not be taken into 
account for other purposes by the Internal Revenue Service until 30 days 
after the statement is received.
    (2) Where statement must be filed. A statement furnished under this 
section generally must be filed with the service center where the 
partnership return is filed. However, if the person filing the statement 
knows that the notice described in section 6223(a)(1) (beginning of an 
administrative proceeding) has already been mailed to the tax matters 
partner, the statement should be filed with the Internal Revenue Service 
office that mailed such notice.
    (3) Contents of statement. The statement shall--
    (i) Identify the partnership, each partner for whom information is 
supplied, and the person supplying the information by name, address, and 
taxpayer identification number;
    (ii) Explain that the statement is furnished to correct or 
supplement earlier information with respect to the partners in the 
partnership;
    (iii) Specify the taxable year to which the information relates;
    (iv) Set out the corrected or additional information; and
    (v) Be signed by the person supplying the information.
    (c) No incorporation by reference to previously furnished documents. 
Incorporation by reference of information contained in another document 
previously furnished to the Internal Revenue Service will not be given 
effect for purposes of section 6223(c) or 6229(e). For example, 
reference to a return filed by a pass-thru partner which contains 
identifying information with respect to the indirect partners of that 
pass-thru partner is not sufficient to identify the indirect partners 
unless a copy of the document referred to is attached to the statement. 
Furthermore, reference to a prior general notification to the Internal 
Revenue Service that a partner who would otherwise be the tax matters 
partner is a debtor in a bankruptcy proceeding or has had a receiver 
appointed for the partner in a receivership proceeding is not sufficient 
unless a copy of the notification document referred to is attached to 
the statement.
    (d) Information supplied by a person other than the tax matters 
partner. The Internal Revenue Service may require appropriate 
verification in the case of information furnished by a person other than 
the tax matters partner. The 30-day period referred to in paragraph 
(b)(1) of this section shall not begin until that verification is 
supplied.
    (e) Power of attorney--(1) In general. This paragraph (e) applies to 
powers of attorney with respect to proceedings under subchapter C of 
chapter 63 of the Internal Revenue Code (chapter 63C) that begin on or 
after January 2, 2002.
    (2) Specifically for purposes of subchapter C of chapter 63 of the 
Internal Revenue Code. A power of attorney specifically for purposes of 
subchapter C of chapter 63 of the Internal Revenue Code shall be 
furnished in accordance with paragraph (b)(2) of this section.
    (3) Existing power of attorney. A power of attorney granted to 
another person by a partner for other tax purposes shall not be given 
effect for purposes of subchapter C of chapter 63 unless the partner 
specifically requests that the

[[Page 170]]

power be given such effect in a statement furnished to the Internal 
Revenue Service in accordance with paragraph (b) of this section.
    (f) Internal Revenue Service may use other information. In addition 
to the information on the partnership return and that supplied on 
statements filed under this section, the Internal Revenue Service may 
use other information in its possession (for example, a change in 
address reflected on a partner's return) in administering subchapter C 
of chapter 63 of the Internal Revenue Code. However, the Internal 
Revenue Service is not obligated to search its records for information 
not expressly furnished under this section.
    (g) Effective date. Except as provided in paragraph (e)(1) of this 
section, this section is applicable to partnership taxable years 
beginning on or after October 4, 2001. For years beginning prior to 
October 4, 2001, see Sec. 301.6223(c)-1T contained in 26 CFR part 1, 
revised April 1, 2001.

[T.D. 8965, 66 FR 50548, Oct. 4, 2001]