[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: 26CFR301.6511(g)-1]

[Page 385]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                               Limitations
 
Sec. 301.6511(g)-1  Special rule for partnership items of federally 
registered partnerships.

    (a) In general. In the case of any tax imposed by subtitle A with 
respect to any person, the period for filing a claim for credit or 
refund of any overpayment attributable to any partnership item of a 
federally registered partnership shall not expire before the later of--
    (1) The date which is 4 years after the date prescribed by law 
(including extensions thereof) for filing the partnership return for the 
partnership taxable year in which the item arose, or
    (2) If the taxpayer or a general partner or a person authorized to 
act on behalf of the partnership, as provided in Sec. 301.6501(o)-2(d), 
consents to extend the period for assessing a deficiency attributable to 
the partnership item before the date specified in paragraph (a)(1) of 
this section, the date 6 months after the expiration of the extension.
    (b) Limits on amount of credit or refund not applicable. In the case 
of a claim for credit or refund of any income tax overpayment 
attributable to any partnership item of a federally registered 
partnership, the limitations provided in section 6511(b) (2) and (c) 
shall not apply if the claim is filed within the period described in 
paragraph (a) of this section.
    (c) Special periods of limitation with respect to carryback of net 
operating loss, capital loss, etc. The provisions of section 6511(g) 
must also be taken into account in applying the various special periods 
of limitation prescribed in section 6511(d). Thus, to the extent that a 
carryback is attributable to a partnership item of a federally 
registered partnership, the period for filing a claim for credit or 
refund of an overpayment attributable to that carryback shall not expire 
before the date determined under paragraph (a) of this section with 
respect to the partnership taxable year in which the item arose.
    (d) Definitions. For purposes of this section, the terms 
``partnership item'' and ``federally registered partnership'' have the 
same meaning as such terms have when used in section 6501(o), Sec. 
301.6501(o)-2(c), and Sec. 301.6501(o)-3.
    (e) Effective date. The provisions of this section are effective 
generally for partnership items arising in partnership taxable years 
beginning after December 31, 1978 and before September 4, 1982. This 
section shall not apply, however, to any partnership taxable year with 
respect to which the amendments made to Code section 6511(g) by section 
402 of the Tax Equity and Fiscal Responsibility Act of 1982 are 
effective. See section 407(a)(3) of that Act.

(Sec. 6501(o) (as it read before the enactment of the Tax Equity and 
Fiscal Responsibility Act of 1982) and 7805 of the Internal Revenue Code 
of 1954 (92 Stat. 2818, 26 U.S.C. 6501(o); 68A Stat. 917, 26 U.S.C. 
7805))

[T.D. 7884, 48 FR 16244, Apr. 15, 1983]