25.6.23  Examination Process-Assessment Statute of Limitations Controls

Manual Transmittal

March 23, 2015

Purpose

(1) This transmits revised IRM 25.6.23, Statute of Limitations, Examination Process-Assessment Statute of Limitations Controls

Material Changes

(1) Minor editorial changes have been made throughout this IRM. Also, website addresses, form references, and IRM references were reviewed and updated as necessary. Other significant changes are listed in the table:

Reference Description of Change
IRM 25.6.23.2 Added "and Overview" to the title.
IRM 25.6.23.2 (1) Added a bullet under paragraph (1) to include certain civil penalties with statute expiration dates.
IRM 25.6.23.2 (2) Reorganized the note previously shown under paragraph (1) beginning with "The words tax period can be used…" into paragraphs (2) through (5).
IRM 25.6.23.2 (6) Added paragraph (6) to include a reference to certain civil penalties that have statute expiration dates.
IRM 25.6.23.3 Removed references to Tax Exempt/Government Entities (TEGE).
IRM 25.6.23.4 (1) Added a bullet to include miscellaneous civil penalties having a statute of limitations.
IRM 25.6.23.4 (2) Removed reference to Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) S Corporation returns.
IRM 25.6.23.5.2 Added note that the campus TEFRA function may use a data base in lieu of Form 895, Notice of Statute Expiration, cards to monitor short statutes.
IRM 25.6.23.5.6 Removed reference to TEFRA S Corporation returns.
IRM 25.6.23.6 Added legal assistants and paralegal specialists to the list of those involved in examination of returns subject to statute control procedures.
IRM 25.6.23.6.1.2 Added a note to state miscellaneous civil penalties having a statute of limitations are subject to the same level of screening for statute accuracy as other returns listed in the section preceding the note.
IRM 25.6.23.6.1.4 Added "or penalty case" following to words "tax returns" in paragraphs (1) and (2) to show penalty cases having a statute of limitations are subject to Form 895 requirements.
IRM 25.6.23.6.6.2 (1) Added a statement to advise that all applicable approvals must be secured before updating the statute date when relying on an Internal Revenue Code (IRC) provision which serves to extend the normal three-year assessment statute of limitations.
IRM 25.6.23.6.6.2 (4) Clarified the need for the territory manager's concurrence if relying on one of the listed legal citations to extend the normal statute of limitations, or if assessment statute expiration date (ASED) alpha code YY will be used. Added a note following the list that Area Director (AD) or Director Field Operations (DFO) approval is required if ASED alpha code AC will be used.
IRM 25.6.23.6.6.2 (5) Added a statement to clarify timing for preparation of the Form 3999, Statute Expiration Report.
IRM 25.6.23.6.8.2 (1) Added a note that failure to update certain civil penalties on the Examination Returns Control System (ERCS) will cause ERCS statute reports to be incorrect.
IRM 25.6.23.6.8.2 (2) Clarified that failure to update returns with less than 60 days on the statute can not be closed using normal Audit Information Management System (AIMS) procedures and will result in the closing being "rejected" (not blocked). Added reference to the manual assessment procedures in IRM 4.4.25, Quick Assessments.
IRM 25.6.23.6.8.2 (3) Clarified language concerning closures with less than 60 days remaining on the statute if the fraud indicator is present on Form 5344, Examination Closing Record.
IRM 25.6.23.6.9 (2) Clarified AIMS Table 4.1, Returns with Statute Date Pending (Status Codes 10, 12, 13, 17, and 18), and Table 4.0, Returns with Statute Date Pending, are generated by local AIMS/ERCS staff.
IRM 25.6.23.6.9.1 (1) Re-worded to state the function responsible for AIMS/ERCS (rather than the AIMS Coordinator) will distribute AIMS tables.
IRM 25.6.23.6.9.2 (2) Removed reference to Employee Plans Inventory Control/Exempt Organizations Inventory Control (EPIC/EOIC) Form 895 statute log in list Item 2. Added a statement in Item 7 concerning consultation with the manager about what information to provide for Form 895 preparation when the manager is not located in the same office with the examiner.
IRM 25.6.23.7.1.2 Updated to include penalty cases.
IRM 25.6.23.7.4.2 (3) Added paragraph (3) to note on penalty files where there is no return, the executed consent form should be placed in a visible place within the case file.
IRM 25.6.23.8.1 Removed reference to S Corporation final administrative adjustments (FSAA). Incorporated Interim Guidance Memorandum SBSE-04-0714-0024, to provide updated time frames that must remain on the ASED for cases going to Appeals. Added a clarifying note regarding the time frames for the ASED if alpha code AC is being used.
IRM 25.6.23.8.2 Removed reference to FSAA.
Exhibit 25.6.23-1 Removed reference to EPIC and EOIC, removed reference to TEGE specialist, updated line numbers in Item 5.
Exhibit 25.6.23-2 Removed reference to EPIC and EOIC.
Exhibit 25.6.23-3 Clarified the three year period as being three years from the time the return was filed in the first paragraph explanation for alpha code AA.
Exhibit 25.6.23-3 Added the use of alpha code AA for preparer penalty cases under IRC 6694(a) or IRC 6695 where a claim for refund of a previously paid penalty has been filed and the normal three year assessment date has expired.
Exhibit 25.6.23-3 Added explanation for the use of alpha code AC. Incorporates Interim Guidance Memorandum SBSE-04-0214-0012.
Exhibit 25.6.23-3 Added explanation for the use of alpha code AD.
Exhibit 25.6.23-3 Rephrased the language in the last paragraph of the explanation for alpha code BB to indicate, "in order for Form 872-IA, Special Consent to Extend the Time to Assess Tax As Well As Tax Attributable to Items of a Partnership, to be valid, the consent must have been properly executed prior to October 2009, when the form became obsolete."
Exhibit 25.6.23-3 Clarified language in explanation for alpha code DD to refer to "credit" carryback, rather than "loss" carryback. Also, included clarification that in order for Form 872-IA to be valid, the form must have been properly executed prior to October 2009, when the form became obsolete.
Exhibit 25.6.23-3 Added a requirement within Alpha code EE for retention in the case file of a hard copy of the transcript pulled when completing periodic checks for return filing. A notation of completing the filing check and results of the findings must also be documented in the case activity record.
Exhibit 25.6.23-3 Removed references in explanation for alpha code HH to using this code for TEFRA S Corporations. Removed references to "shareholders." Included a note concerning the period for which TEFRA may apply to S Corporations.
Exhibit 25.6.23-3 Corrected the citation for Paschall v. Commissioner to 137 T.C. 8 (2011) in the explanation for alpha code II.
Exhibit 25.6.23-3 Expanded the use of alpha code JJ to include Certain Deceased Spousal Unused Exclusion (DSUE) Returns.
Exhibit 25.6.23-3 Corrected language in the explanation for alpha code KK to indicate issuing a statutory notice of deficiency was not prohibited where a petition was filed prior to October 22, 1994, but an assessment was prohibited.
Exhibit 25.6.23-3 Revised language in the explanation for alpha code MM to specify the period of postponement.
Exhibit 25.6.23-3 Specified the Internal Revenue Service has the burden of proof with respect to fraud in the explanation for alpha code OO.
Exhibit 25.6.23-3 Added language to cover the Hiring Incentives to Restore Employment (HIRE) Act amendment to IRC 6501(c)(8) in the explanation for alpha code UU. Added reference to Exhibit 25.6.23-6 for examples relating to the amendment. Incorporates Interim Guidance SBSE-25-0312-022.
Exhibit 25.6.23-3 Replaced referenced interim guidance in the explanation for alpha code VV with reference to IRM 4.25.1, Estate and Gift Tax Examinations.
Exhibit 25.6.23-3 Specified in the explanation for alpha code WW the one year limitations period on assessment under IRC 6501(c)(10) will not begin until the original disclosure is received by the appropriate Service Center and a copy of the disclosure is received by the Office of Tax Shelter Analysis (OTSA). Also added reference to Notice 2009-59 for identifying listed transactions.
Exhibit 25.6.23-3 Clarified the statute date to be used for claims filed with respect to penalties assessed and paid under IRC 6694(a) or IRC 6695 in the explanation for alpha code XX.
Exhibit 25.6.23-5 Added new Exhibit to provide examples relating to IRC 6501(e)(1)(A)(ii)–More Than $5,000.00 Omission of Income Attributable to Foreign Financial Assets. Incorporates Interim Guidance SBSE-25-0312-022.
Exhibit 25.6.23-6 Added new Exhibit relating to IRC 6501(c)(8) Clarifying Amendment to provide examples for application. Incorporates Interim Guidance SBSE-25-0312-022.

Effect on Other Documents

IRM 25.6.23 dated 03-01-2008 is superseded. This revision incorporates Interim Guidance Memorandum SBSE 04-1112-091, Reissuance of Interim Guidance on Gift Tax Statute of Limitations in Estate and Gift Tax Examinations dated November 7, 2012, Interim Guidance Memorandum SBSE-04-1211-101, Interim Guidance on Gift Tax Statute of Limitations in Estate and Gift Tax Examinations dated December 1, 2011, Interim Guidance Memorandum SBSE-25-0312-022, IRC Amendments Impacting Period of Time for Assessment dated March 9, 2012, Interim Guidance Memorandum SBSE-04-0214-0012, Tax Equity and Fiscal Responsibility Act (TEFRA) Partnership Level Statute Protection at the Partner Level and the Use of Alpha Statute Code AC dated February 20, 2014, and Interim Guidance Memorandum SBSE-04-0714-0024, Interim Guidance Memorandum Regarding Changes to Statute of Limitations Period for Appealed Cases dated July 9, 2014.

Audience

Appeals, Large Business and International (LB&I), Small Business/Self-Employed (SB/SE), Wage and Investment (W&I)

Effective Date

(03-23-2015)


Joseph L. Wilson, Director, Examination/AUR Policy
Small Business/Self-Employed Division

25.6.23.1  (03-23-2015)
Overview

  1. This section contains information on assessment statute controls for all LB&I, SB/SE and W&I organizational components conducting examinations of tax returns (hereinafter "Examination" ), including supporting activities and examination activities conducted by the campuses. Topics included in this section are as follows:

    Organization of IRM 25.6.23

    Reference Title
    IRM 25.6.23.2 Purpose of Statute Controls
    IRM 25.6.23.3 Components of Statute Controls
    IRM 25.6.23.4 Returns Subject to Statute Controls
    IRM 25.6.23.5 Responsibilities of Managers and Employees
    IRM 25.6.23.6 Statute Control in Examination
    IRM 25.6.23.6.5 Campus Statute Control Files
    IRM 25.6.23.7 Statute Control in Examination Case Closing Functions
    IRM 25.6.23.8 Imminent Assessment Statute Cases

25.6.23.2  (03-23-2015)
Purpose and Overview of Statute Controls

  1. Statute controls ensure the following:

    • Statute expiration dates for tax returns are properly determined and the records are annotated to reflect the correct assessment statute expiration date (ASED).

    • Miscellaneous civil penalties that have statute expiration dates, and are controlled on Examination Return Control System (ERCS) and not Audit Information Management System (AIMS), are properly determined and monitored.

    • Cases are closely monitored to prevent unintended expiration of the assessment statute of limitations.

  2. The words "tax period" can be used interchangeably for references in this section to "tax return." Also, references to the "normal" statute of limitations are meant to refer to the three-year period of time after a return is filed or due, whichever is later, for assessment of tax.

  3. References to using ERCS are intended only for those organizational components who use ERCS, otherwise use AIMS in conjunction with the inventory control system used by your organization.

  4. References to Area Director are intended to also refer to Director of Field Operations in the case of LB&I.

  5. References to social security number (SSN) are also intended to refer to individual tax identification number (ITIN).

  6. There are a number of miscellaneous civil penalties that have statute expiration dates. These miscellaneous civil penalties are controlled on ERCS, but not on AIMS. Assessments are made under Master File Tax Codes (MFT) 55 for Individual Master File (IMF), or MFT 13 for Business Master File (BMF). See IRM 20.1, Penalty Handbook, IRM 21.2.4.3.3, Civil Penalty Modules, and IRM 25.6.1.9.13, Civil Penalties, for further guidance.

  7. The term manager refers to front-line, group, or team managers, unless otherwise specified.

25.6.23.3  (03-23-2015)
Components of Statute Controls

  1. The essential tools for controlling statutes for examination cases in the area offices and campuses are as follows:

    • Form 895, Notice of Statute Expiration.

    • Pending Statute Report and 895 Log generated through the Examination Returns Control System (ERCS).

    • AIMS Table 4.0 or Table 4.1, Returns with Statute Date Pending.

      Note:

      References to AIMS Table 4.0 are used throughout this section even though the Statistical Sampling Inventory Validation Listing (SSIVL) program may be used in the area offices and campuses to generate the Table 4.0 data as opposed to an AIMS report generator.

    • Red file folder on the outside of every case file containing a tax return having a statute expiration date within 180 days.

    • At the campuses, if the case is a paperless Batch case, a "dummy" red folder file should be created and inter-filed with paper cases. The red folder should contain a copy of the most current Form 4549, Income Tax Examination Changes. An electronic Form 895 must be completed and saved as part of the RGS case File Documents, and must also be attached to the front of the red folder.

  2. Area offices and campuses may use various combinations of these and other tools and procedures, as applicable, to achieve and supplement the statute control requirements of this section.

25.6.23.4  (03-23-2015)
Returns Subject to Statute Control

  1. Statute controls are required for the following:

    • All tax returns controlled on AIMS or being examined (irrespective of whether or not the return is controlled on AIMS), with assessment statutes that may expire within 180 days considering the return due date or date filed, whichever is later. See IRM 25.6.23.6.1.1, Time for Initiating Controls. In case closing functions, statute controls are required on all returns upon which the assessment statute may expire within 120 days. See IRM 25.6.23.7.1.1, Time for Initiating Statute Controls in Case Closing Functions.

    • All returns which have an alpha code in the ASED on AIMS.

    • All returns with consents to extend the period of time for assessment.

    • All returns with prompt assessment requests filed under IRC 6501(d). See Treas. Reg. 301.6501(d)-1 pertaining to requests for prompt assessment which specifies that the assessment is to be within 18 months after receipt of the written request for prompt assessment. A request for prompt assessment is not the same as a request for prompt determination filed in bankruptcy cases. The request for prompt determination does not result in a reduction of the period of time to make the assessment.

    • Returns with open requests for reconsideration of rejected claims and the statutory period for filing suit for refund may expire within 180 days.

    • Return preparer penalty cases having statutes that may expire within 180 days.

    • Other return-related penalty cases having statutes that may expire within 180 days when the period of time for assessment of the penalty needs to be extended, and a consent to extend the period of time for assessment of tax is not required. For example, assertion of the IRC 6707A penalty on an S corporation return when the limited situations in which an S corporation may be subject to tax do not apply.

    • Any other miscellaneous civil penalties having a statute of limitations that may expire within 180 days. See IRM 20.1, Penalty Handbook.

  2. Examples of types of returns which require statute controls include the following:

    • Returns requisitioned for "information" (Source Code 45).

    • TEFRA partnership returns, i.e. returns which come under the provisions of the Tax Equity and Fiscal Responsibility Act of 1982.

    • Cases with transferee liability under IRC 6901.

    • Returns placed in suspense, including fraud and grand jury suspense.

25.6.23.5  (03-23-2015)
Responsibilities of Managers and Employees

  1. Managers have primary responsibility for initiating and maintaining statute controls.

  2. Managers are responsible for ensuring that all employees within their jurisdiction:

    • Understand the law pertaining to statutes—commensurate with the employees' assigned responsibilities.

    • Maintain required statute controls.

    • Make timely assessments of tax and penalties.

  3. Examiners are responsible for controlling statutes on their assigned cases.

  4. Clerks, secretaries, and other individuals may have assigned responsibilities in controlling statutes.

  5. Specific responsibilities are described throughout this section.

25.6.23.5.1  (03-23-2015)
Area Office Examination Manager Responsibilities

  1. In area office examination groups, the manager is responsible for the following :

    1. Maintaining continuous statute controls on cases in the work group.

    2. Reconciling data in the group's ERCS Pending Statute Report, monthly, with data in AIMS Table 4.1 or Table 4.0.

25.6.23.5.2  (03-23-2015)
Campus Manager Responsibilities

  1. At campuses, the Examination Operations Manager designates a manager to have primary responsibility for maintenance of the continuous statute control file and for reconciliation with data in AIMS Table SC 4.0.

  2. Department Managers are responsible for actively monitoring the statute control process by conducting periodic reviews and tests of the system and reporting the results to the Examination Operations Manager.

    Note:

    The campus TEFRA function may use a data base in lieu of the traditional 895 cards to monitor short statutes.

25.6.23.5.3  (03-23-2015)
Responsibility for Transferred Cases

  1. When a return is transferred from one work group to another, in the same or another area office or campus, the accuracy of the assessment statute information reflected on AIMS/ERCS must be checked by the receiving organization by comparing the contents of the case file, IDRS research, etc. with AIMS/ERCS information.

  2. If a return has been transferred and the return is still in transit, then statute controls and monitoring of the ASED are the responsibility of the organizational component to which the return is charged on AIMS as that component is the unit which will receive the notice of statute expiration via AIMS/ERCS reports. In transit returns which are "missing" must be located before the ASED in order to determine the proper course of action to protect the government's interest. Locating a "missing" return may require a joint effort of the transferor and the transferee units. Form 3210, Document Transmittal, is to be promptly acknowledged (within 5 business days of receipt) and followed up on by the transferor if not promptly acknowledged by the transferee (within 15 calendar days of date sent) as part of the statute control process.

25.6.23.5.4  (03-23-2015)
Responsibility for Cases on Loan

  1. When a case file is on loan to another office (to Area Counsel, for example), responsibility for statute control remains with the manager of the group where the case is assigned (under AIMS control).

25.6.23.5.5  (03-23-2015)
Responsibility for Investor Returns—Non-TEFRA

  1. Initially, the key case area is responsible for statute control and securing extensions for non-TEFRA tier returns and for all related investor returns. The key case area secures necessary information from the investor area regarding any other key cases or tier entities in which the investor may have an interest.

  2. The key case area retains responsibility for statute control on all related investor returns:

    1. Except when the requirements contained in IRM 4.31.5.9.1, Initiating Timely PCS Controls on Non–TEFRA Pass–Through Entities, have been satisfied, or

    2. Until Form 5546, Examination Return Charge–Out, is issued, or

    3. 45 days after Form 6658, Notice of Special Investor Action, is issued.

      Caution:

      Once the investor return is established on AIMS, the responsibility for statute control passes to the functional area in the area office or the campus which controls the tax return.

25.6.23.5.6  (03-23-2015)
Responsibility for Investor Returns—TEFRA

  1. See IRM 4.31.2.4, Statutes, for instructions on TEFRA statutes. The statute of the TEFRA partnership controls the statute for related investors' returns for partnership items and affected items. If the statute extension form for extending the statute at the investor level includes the TEFRA-related wording which references TEFRA partnership items and affected items (see consent Form 872, Consent to Extend the Time to Assess Tax, and Form 872-A, Special Consent to Extend the Time to Assess Tax, revised January 2014), the statute remains open for making adjustments to the investor's return which result from TEFRA partnership items and affected items.

25.6.23.5.7  (03-23-2015)
TE/GE Responsibilities When Nontaxable Return Converted to Taxable Return

  1. When a TE/GE specialist converts a Form 990, Return of Organization Exempt From Income Tax, or Form 5500, Annual Return/Report of Employee Benefit Plan, return to a taxable return, the TE/GE Division is responsible for controlling and protecting the statute until such time as:

    1. A return is secured and the case is closed by TE/GE Division or

    2. The matter is referred to Examination by Form 5666, TE/GE Referral Information Report, or Form 5346, Examination Information Report, and the referral is accepted by Examination.

25.6.23.6  (03-23-2015)
Statute Controls in Examination

  1. The procedures in this subsection apply to work groups in area offices and campus activities, which are involved with the examination of tax returns, including Planning and Special Programs, Technical Services staffs and Classification sections at campuses. They cover examinations by the following:

    • Revenue agents

    • Tax auditors/Tax compliance officers

    • Tax examiners

    • Estate and gift tax attorneys, legal assistants, and paralegal specialists

    • Employment tax specialists

    • Excise tax specialists

25.6.23.6.1  (03-23-2015)
Initiating Statute Controls

  1. Statute controls are initiated in all Examination functional areas for all returns meeting control criteria, see IRM 25.6.23.4, Returns Subject to Statute Control.

25.6.23.6.1.1  (03-23-2015)
Time for Initiating Controls

  1. For all tax returns which are filed (whether timely or late filed), statute controls are established no later than 180 days prior to the normal assessment statute expiration date (based on the later of the date the return was filed or due, without regard to extensions). Statute expiration dates may be determined by referring to IRM 25.6.1.6.4, Statute of Limitations Chart for Tax Returns.

  2. If a tax return has not been filed, statute controls are established at 180 days before the normal assessment statute expiration date had the return been timely filed, or at the time the substitute for return is input, whichever is earlier. If alpha code EE is used in the ASED field for the non-filer, then ERCS will automatically generate the Form 895 when the forms are generated for the group by the support staff. See alpha code EE instructions in IRM Exhibit 25.6.23-3, Instructions for Updating the Statute on AIMS.

  3. In the campus, undelivered non-filer inventories (Source Code 24/25, Project Code 0277, Employee Group Code 5065) are exempt from following the statute controls as outlined in this IRM. All other ‘deemed delivered’ non-filer inventories must follow these requirements.

25.6.23.6.1.2  (03-23-2015)
Screening for Statute Accuracy

  1. As tax returns are received in Examination functions in the area offices and campuses, they will be screened to determine the accuracy of the assessment statute expiration date (ASED) information. The purpose of the screening is to determine the accuracy of the ASED reflected in the AIMS/ERCS statute control records, not merely that the AIMS and ERCS ASEDs agree with each other. The statute information reflected on AIMS/ERCS is not to be accepted as accurate, but must be confirmed by reviewing case file information and conducting appropriate IDRS research. The initial statute screening for most tax returns will be done when the returns are classified for examination at the campuses or the key area office. Subsequent screenings for determining the accuracy of the assessment statute information and to identify the need for establishing statute controls is required to be performed by the receiving organization as the return moves from one organizational component to another. The manager of the receiving organization is required to ensure this statute screening is accomplished within 5 workdays of receipt of the return.

    Note:

    Any miscellaneous civil penalties having a statute of limitations should receive the same level of screening for statute accuracy as any tax returns described above.

  2. The assessment statute screening is required even if the return is being placed in group inventory and not being immediately assigned to an examiner. Except for those returns where the ASED is three years from the normal return due date, the fact of statute screening and the determination of the accuracy of the ASED is to be documented on the case activity record by the manager or assigned examiner. If the ASED requires correction, a Form 895 will also be prepared to record the managerial approval and facts surrounding the correction of the ASED.

  3. The statute date is determined through an analysis of all available information in the administrative file, including information from internal systems such as IDRS (Integrated Data Retrieval System) and CFOL (Corporate Files On Line), and application of appropriate Internal Revenue Code sections, regulations, and the IRM.

25.6.23.6.1.3  (03-23-2015)
Initiation of Controls by Manager

  1. In area offices, the manager or designee furnishes the employee to whom the tax return is assigned a partially completed Form 895.

  2. Items 1 through 3 on a manually prepared Form 895 may be entered by the group secretary/management assistant. ERCS automatically generates the same information in Items 1 through 3 on the ERCS version of Form 895.

    Note:

    For returns in unassigned inventory, unless the manager has assigned responsibility to an examiner to respond to Form 895, the manager is to timely complete the Form 895 for those returns. If the responsibility for responding to the Form 895 for unassigned inventory has been assigned to an examiner, the assigned examiner is to timely respond to the notice of statute expiration.

25.6.23.6.1.4  (03-23-2015)
Initiation of Controls by Examiner or Specialist

  1. In area offices, if the examiner or specialist does not receive a Form 895 from the manager, the employee initiates and completes a Form 895 (or informs the manager to initiate Form 895) for any tax return or penalty case in the employee's possession, either assigned or unassigned, which may have a statute expiration date within 180 days, or otherwise meets control criteria.

  2. When an examiner or specialist requisitions a tax return or penalty case which may have a statute expiration date within 180 days, the examiner or specialist initiates and completes a Form 895. The Form 895 may be generated electronically if controls have been established on ERCS.

    Note:

    Without prior managerial approval, an examiner cannot begin an examination or requisition any return for audit if fewer than twelve months remain on the statutory period for assessment. See IRM 25.6.22.2.1, Assessment. Approval and justification will be documented by the manager on Form 9984, Examining Officer's Activity Record.

  3. At campuses, the employee in possession of a tax return which may have a statute expiration date within 180 days prepares a Form 895 by completing Items 1(a), 1(b), 1(c), 2, 3, 5, 7 (when appropriate). The examiner hand carries the tax return (enclosed in a red file folder) and the partially completed Form 895 to the manager.

  4. At the campus, if the case is a paperless Batch case, an electronic Form 895 must be completed and saved as part of the RGS Case File Documents.

25.6.23.6.2  (03-23-2015)
Completion of Form 895 by Area Office Examiner or Specialist

  1. Line by line instructions for completing Form 895 are in IRM Exhibit 25.6.23-1, Form 895 Instructions. Upon receiving a partially completed Form 895 from the manager or designee, an examiner or specialist in an area office will complete Form 895 according to the following instructions.

    Note:

    IRM Exhibit 25.6.23-2, ERCS Form 895 Instructions, provides instruction for the preparation of the ERCS Form 895.

    1. By reference to the tax return and/or IDRS information, verify the correctness of data on Form 895, specifically: taxpayer's name; address; social security number (SSN) or employer identification number (EIN); Master File Tax (MFT); tax period; and assessment statute expiration date.

    2. To verify the statute expiration date, inspect the original return, if available, for information establishing the date of filing.

      Items That May Be Used to Verify Statute Expiration Dates
      A "received date" stamp.
      A postmark date on the mailing envelope.
      An approved extension of time to file the return.

      Caution:

      Under IRC 7502, a return that is timely mailed (on or before the return due date determined without regard to extensions) is timely filed, and the period for assessment would start to run from the return due date even when the return is received by the Internal Revenue Service after the return due date. See IRM 25.6.1.6.15, When a Document is Treated as Filed Under the IRC, for a complete discussion of the IRC 7502 rules.

    3. If the original tax return is not in the case file, inspect a transcript of the taxpayer's tax module to determine the return received date from the "Return Received Date" data field.

    4. Note any errors or changes on Form 895.

    5. Complete Items 4 through 7 on Form 895.

    6. Sign and date Form 895. An electronic signature on a Portable Document Format (PDF) file copy of the Form 895 is permissible. An electronic signature should include the full name of the person signing the document, not just the SEID or other identifying information.

    7. Return the completed Form 895 to the manager for review within 10 days of receipt.

    8. After approval by the manager, attach Form 895 to the inside of the case file folder. When the case is closed from the group, attach Form 895 to the outside of the case file folder on top of any other attached documents. A copy of the Form 895 is to be retained by the manager in a Form 895 log file. If the case file Form 895 is subsequently updated, a copy of the updated Form 895 will be attached to the previous Form 895 contained in the Form 895 log file and both copies will be retained by the manager. The log file copy will be retained by the manager in accord with the time frames specified in IRM 4.7.3.9, Retention Requirements of Statute Related Management Information.

25.6.23.6.3  (03-23-2015)
Form 895 Completion Requirements for Managers

  1. The following steps will be taken by the manager to ensure the proper and timely completion of Form 895.

    1. If the examiner or specialist does not return the completed Form 895 to the manager within 10 days of the date the Form 895 is generated, the manager will follow up with the examiner or specialist to secure the Form 895. The manager must secure the Form 895 from the examiner and approve the accuracy of the completed Form 895 information within 20 days of the date the Form 895 is generated. The group secretary, clerk, or other designated employee, must update ERCS within 3 days of the date that the manager approves the accuracy of the information reflected on the Form 895.

    2. Upon receiving a Form 895, the manager verifies the expiration date. The area office manager initials and dates Item 5 on Form 895. The campus manager signs Item 1 (c) on Form 895.

    3. The signature or initials of the manager constitutes the manager's concurrence with the statute information reflected on the Form 895. An electronic signature on a PDF file copy of the Form 895 is permissible. If signing electronically, the signature or initials line must reflect the full name of the person signing the document.

    4. The manager ensures that statute information on Form 895 is entered on AIMS and, in area offices, on ERCS.

    5. The group secretary or clerk is to update the ERCS "Date Returned" field with the date the Form 895 is approved by the manager.

    6. The manager returns Form 895 to the examiner or specialist for attachment to the case file folder and retains a copy of Form 895 in a Form 895 log file. The log file copy of the Form 895 may be destroyed after 5 years plus current year, or after no further reference value, whichever is earlier; however the log file copy of the Form 895 must be retained for a minimum of two years by the responsible manager, in accord with IRM 4.7.3.9, Retention Requirements of Statute Related Management Information, and IRM 4.7.3.10, Form 895 Log Book.

25.6.23.6.4  (03-23-2015)
Area Office Group Statute Controls

  1. The manager maintains continuous statute controls using ERCS.

  2. The manager ensures correct statute information is entered on ERCS. Statute expiration information entered on ERCS is automatically recorded on the AIMS data base.

  3. The manager generates an ERCS Pending Statute Report at least monthly. ERCS has the capability of generating reports of cases having statutes expiring within any designated number of days.

    Note:

    The ERCS Pending Statute Report does not list returns with expired statute dates or with alpha statute codes.

  4. The manager must generate an ERCS 895 Report, which lists returns with expired statute dates and with alpha statute codes.

  5. At least monthly, the manager or a person designated by the manager examines the reports of cases showing statute expiration dates within 180 days. The manager will take the following actions:

    1. Ensure the statute expiration information is accurate, including the propriety of the ASED alpha codes which were used or should be used.

    2. Close the case promptly unless there is a compelling reason to keep it open. One example of a compelling reason to keep a case open would be cases for which the ASED alpha code YY for participation in abusive offshore arrangements was assigned (see ASED alpha code YY in IRM Exhibit 25.6.23-3).

    3. Secure a consent to extend the statutory period for assessment.

    4. Take other appropriate action to protect the government's interest.

  6. The manager may assign an employee to monitor the Pending Statute Report and identify cases requiring managerial attention.

  7. The manager reconciles statute control information with data in AIMS Tables 4.0 or 4.1 according to instructions in IRM 25.6.23.6.9.2, Verification of ERCS and AIMS Tables 4.1 and 4.0 Data.

25.6.23.6.5  (03-23-2015)
Campus Statute Control Files

  1. The campus statute control files customarily will be maintained in a central location. Managers in the campuses have the option of using more than one statute control file.

  2. Statute control for returns designated for area offices will be included in the campus statute control file, but area office returns will be separated from returns assigned to the campus.

  3. The manager or designee carries the Form 895 by hand to the employee who maintains the statute control file.

  4. The employee who maintains the statute control file places a copy of the completed Form 895 in the open, continuous statute control file in order by statute expiration date, then in alphabetical or SSN/EIN order.

  5. The employee attaches Form 895 to the outside of the case file folder on top of all other attachments.

25.6.23.6.6  (03-23-2015)
Extending the Assessment Statute

  1. If the examiner or specialist cannot expeditiously conclude the examination, the examiner or specialist and the manager may decide to execute a statute extension, subject to the consent of the taxpayer. Every attempt should be made to complete cases before a statute extension becomes necessary. Instructions for obtaining consents are in IRM 25.6.22.5, Preparation of Consent Forms-General Procedures.

  2. Upon receipt of an executed extension, update the statute expiration date on Form 895 and on AIMS. The AIMS data may be updated through data entry on ERCS. See IRM 25.6.23.6.7, Updating Statute Expiration Dates on Form 895 in Area Offices, and IRM 25.6.23.6.8, Updating AIMS and ERCS, below.

  3. If the taxpayer does not consent to extend the statute, the examiner will initiate action, as necessary, to issue a statutory notice of deficiency or initiate other means to assess tax deficiencies before the statute expires.

25.6.23.6.6.1  (03-23-2015)
Extension Not Solicited

  1. If the decision is made that no extension of the statute will be solicited, annotate Form 895 stating the reasons why, and have the manager initial the notation on Form 895. If the notation and initials are completed electronically, the initials will be replaced with an electronic signature reflecting the full name of the person signing, and the document must be in a PDF file. Alpha coding the ASED should only be considered after attempting to extend the assessment statute, or where there is not sufficient time to attempt to protect the assessment statute when the return is received in the examining group (generally, less than 30 calendar days prior to the return’s ASED), or an attempt to protect the statute on the return by means of a consent is unsuccessful.

    Example:

    In a claim for refund/credit case, if it is decided that extension of the statutory period for assessment is not warranted since the claim is the only issue, enter the notation: "No extension necessary—Claim for refund/credit issue only." , initialed by the examiner and the manager.

25.6.23.6.6.2  (03-23-2015)
Reliance on IRC Provisions Which Extend Normal Assessment Statute

  1. The manager has the authority and the responsibility to decide whether or not it is in the interest of the government to permit the normal assessment statute to expire in reliance on an IRC provision which serves to extend the normal three-year assessment statute of limitations. In certain instances, the decision by the manager to allow the normal period for assessment to expire in reliance on another IRC provision must be concurred with, in writing, by the territory manager – see paragraph (4) below. The statute date should be updated once all applicable approvals have been secured.

  2. This decision authority does not apply to tax periods which have been referred to, and are currently being considered by, the Criminal Investigation Division for a joint investigation. For assessment statute management guidance on cases referred for joint investigation, see IRM 25.1.4.3.7, Statute Protection.

  3. This decision authority should be exercised only after a timely and proper solicitation of an extension of the normal assessment statute of limitations has been made and the taxpayer has refused to extend the assessment statute either affirmatively or by lack of response.

  4. See IRM Exhibit 25.6.23-3 for procedures for documenting the case file and the need to secure territory manager concurrence if any of the following is relied upon to extend the normal statute of limitations or if ASED alpha code YY is used:

    1. IRC 6501(c)(1), Exceptions–False or Fraudulent Return

    2. IRC 6501(c)(8), Exceptions–Failure to Notify Secretary of Certain Foreign Transfers

    3. IRC 6501(c)(9), Exceptions–Gift Tax on Certain Gifts not Shown on Return

    4. IRC 6501(c)(10), Exceptions–Listed Transactions

    5. IRC 6501(e), Substantial Omission of Items

    6. IRC 7609(e)(1), Suspension of Statute of Limitations–Subsection (b) Action (pertaining to summonses)

    7. IRC 7609(e)(2), Suspension of Statute of Limitations–Suspension After 6 Months of Service of Summons

    Note:

    Approval must be secured from the Area Director or Director Field Operations prior to updating the case if ASED alpha code AC will be used.

  5. Even though a manager has the level of authority necessary to allow the normal statute to expire if the various special conditions described in IRM Exhibit 25.6.23-3 are present, a Form 3999, Statute Expiration Report, or Form 3999-T, Statute Expiration Report (for TEFRA key cases), is still required to be submitted if the decision to allow the normal assessment statute to expire results in a barred deficiency, or in instances when there is a "no change" examination, in accordance with the particular operating unit's statute expiration reporting procedures. Preparation of the Form 3999 or Form 3999-T should begin at the time it is identified or determined the outcome of the examination will be a barred deficiency or "no change," and the statute of limitations had already expired at the time of the determination. See IRM 25.6.1.13.2.8, Statute Expiration Reporting Responsibilities and Procedures for SBSE Area Office Involved Directly With or Providing Support for Tax Return Examinations.

25.6.23.6.7  (03-23-2015)
Updating Statute Expiration Dates on Form 895 in Area Offices

  1. Update Form 895 information whenever there is a change in the statute expiration date, as follows:

    1. One occurrence requiring update of the statute expiration date is the execution of a consent to extend the statutory period for assessment. If a consent is secured, the examiner or specialist checks the "Consent Secured" box in Item 6 of Form 895.

    2. The examiner or specialist enters the updated expiration date and his or her initials in Item 5 of Form 895. If the update is completed electronically, the initials will be replaced by an electronic signature reflecting the full name of the person signing, and the document must be in a PDF file.

    3. The examiner or specialist forwards the case file, with Form 895 attached, to the manager for approval.

25.6.23.6.7.1  (03-23-2015)
Updating Statute Expiration Dates in Area Offices (Manager's Responsibilities)

  1. In area offices, the manager:

    1. Verifies the correctness of an updated statute expiration date.

    2. Initials the updated statute expiration date in Item 5 of Form 895. If the update is completed electronically, the initials will be replaced by an electronic signature reflecting the full name of the person signing, and the document must be in a PDF file.

    3. Ensures the updated statute expiration date is entered on ERCS and AIMS. See IRM 25.6.23.6.8, Updating AIMS and ERCS, below.

    4. Returns the case file with Form 895 attached to the examiner or specialist.

25.6.23.6.7.2  (03-23-2015)
Updating Statute Expiration Dates at Campuses

  1. At campuses, the employee initiating action to update statute information notifies the person who maintains the statute control file of such changes. The notification is routed through the manager.

  2. The employee maintaining the statute control file records the updated statute expiration date in Item 5 of Form 895.

25.6.23.6.8  (03-23-2015)
Updating AIMS and ERCS

  1. The employee having possession of the case file at the time of an occurrence affecting the statute expiration date is responsible for initiating action to update the statute date on AIMS and on ERCS (in area offices). Input of statute information to ERCS will automatically generate the same statute information on AIMS.

  2. The person who initiates a statute update will follow up within 14 days to ensure the correct statute date is on ERCS and on AIMS.

  3. Detailed instructions for AIMS and ERCS updates to the statute are in IRM 4.4.34, Updating/Correcting AIMS Data Base, IRM 4.7.3, Statute of Limitations, and IRM Exhibit 25.6.23-3.

25.6.23.6.8.1  (03-23-2015)
Purpose of Updating AIMS and ERCS

  1. Updating the AIMS and ERCS data bases:

    1. Informs management that the statute of limitations on each return has been considered and acted upon.

    2. Minimizes the number of returns on the statute report. Once the data base is updated, AIMS Tables 4.0 and 4.1 no longer include cases with extended statutes (if the revised expiration date is beyond 180 days). The tables identify open ended consents such as the Form 872-A, Special Consent to Extend the Time to Assess Tax, statute extensions and returns with no extensions necessary because the ASED has been coded with a special statute condition alpha code. Functions such as Planning and Special Programs, Technical Services Staff, and Centralized Case Processing, which receive returns from other work areas, have especially voluminous tables to research when the originating functions do not enter accurate information on the AIMS and ERCS systems.

    3. Reduces the possibility of erroneous quick assessments being made by the Statute Function at the campus for returns under area control.

25.6.23.6.8.2  (03-23-2015)
Failure to Update AIMS

  1. Failure to update the statute expiration date on AIMS will cause AIMS Tables 4.0 and 4.1 to show expired statutes when, in fact, the statutes may not have expired.

    Note:

    Certain MFT 13/55 penalty cases are controlled on ERCS only. These penalty cases are still subject to statute control procedures. Any necessary statute updates for these penalty cases must be made on ERCS. Failure to update the statute expiration date on ERCS will cause expired statute dates to show on ERCS statute reports when, in fact, the statutes may not have expired.

  2. Examined returns requiring a tax assessment that have less than 60 days remaining on the assessment statute cannot be closed using normal AIMS processing procedures, and will result in the closing being "rejected" by AIMS. Manual assessment procedures must be followed in accordance with IRM 4.4.25, Quick Assessments, before forwarding the case for final AIMS closure.

  3. There is an exception to (2) above. Normal AIMS processing procedures can be used to close an examined return with less than 60 days remaining on the assessment statute if fraud has been established, and the Fraud Indicator is entered on Form 5344, Examination Closing Record.

25.6.23.6.9  (03-23-2015)
AIMS Tables 4.1 and SC 4.0

  1. AIMS Table 4.1, Returns with Statute Date Pending, is a computer generated listing, produced monthly on AIMS, showing returns in examination groups in the area offices, having AIMS Status Codes 05, 06, 08–19, with statute dates that (according to AIMS) have expired or will expire within 180 days.

  2. AIMS Table 4.0, Returns with Statute Date Pending, is essentially the same as AIMS Table 4.1. AIMS Table 4.0, which is generated by the Area AIMS/ERCS staff, lists returns charged to functional areas in area offices other than examination groups. Tax returns in Planning and Special Programs (PSP), Examination Technical Services, and Centralized Case Processing (CCP) appear in Table 4.0, which lists returns in AIMS statuses 00–59, except for those included in Table 4.1.

  3. Table SC 4.0, Returns with Statute Date Pending, is a comparable listing of returns in Examination units at the campuses. Table SC 4.0 lists cases in valid status codes within the status code range 00–59.

  4. IRM Exhibit 25.6.23-4, Tables 4.0 and 4.1, Returns With Statute Date Pending, describes the data in Tables 4.0 and 4.1.

25.6.23.6.9.1  (03-23-2015)
Responsibilities for Monthly Verification of ERCS and AIMS Tables 4.1 and 4.0 Data

  1. The function responsible for AIMS/ERCS must ensure timely distribution of AIMS Table 4.0 and 4.1.

  2. The manager in area offices is responsible for monthly verification of data in the ERCS Pending Statute Report and in AIMS Tables 4.1 and 4.0. The manager may delegate responsibility for verifying the statute control data to other employees. Overall responsibility for verification still lies with the manager, even if the manager delegates this responsibility to another employee.

  3. At campuses, the employee responsible for the statute control file completes the monthly Table 4.0 verification for cases with statute expiration dates within 90 days, under the supervision of an assigned manager.

  4. AIMS Tables 4.0 and 4.1 are the most urgent of the AIMS tables to be worked. The tables must be worked within five (5) days of receipt, whether distributed by e-mail or in hard copy. If distributed by e-mail, receipt is the day it appears in the recipient’s e-mail inbox, not when the e-mail message is opened by the recipient. If the employee designated for receipt of the table is out of the office, the manager is to provide an alternative process so that the table is worked within five (5) days of receipt.

25.6.23.6.9.2  (03-23-2015)
Verification of ERCS and AIMS Tables 4.1 and 4.0 Data

  1. See IRM 4.7.3, Statute of Limitations, and IRM 4.7.6.6, Statute Expiration Reports, which pertain to ERCS Pending Statute Report and ERCS 895 Report.

  2. Verification of ERCS statute control listings and AIMS Table 4.1 and Table 4.0 data is done at least monthly by the manager or other designated person. In general, the following steps will be taken when working the 4.1 and 4.0 tables. See IRM 4.4.27.5.1.1, Procedures for Working Statute Control Report, for complete instructions. Electronic signatures and notations are not currently permitted on the Tables 4.1 and 4.0.

    1. Compare AIMS Table 4.1 or 4.0 data with data in the ERCS Pending Statute Report. For returns having alpha statute codes, compare to the ERCS 895 Report. Criteria for alpha statute codes are described in IRM Exhibit 25.6.23-3.

    2. By reference to the ERCS 895 Report, ensure there is complete Form 895 information for each return on the AIMS table having a statute expiration date within 180 days.

    3. The ERCS Pending Statute Report and the 895 Report identify tax returns having Forms 895 issued and returned by examiners. The computer generated ERCS reports are used to keep track of Forms 895.

    4. Verify that the statute expiration date shown on Form 895 (per the ERCS reports) and on AIMS agree and are correct.

    5. Notify the manager and the examiner or specialist of any discrepancies. Annotate Table 4.1 or 4.0 (or the ERCS Pending Statute Report) that the examiner or specialist and the manager were notified.

    6. The manager, with assistance from the examiner or specialist as needed, resolves discrepancies. Make a notation on the AIMS table of all discrepancies and their resolution.

    7. If the AIMS Table 4.1 or 4.0 (or ERCS statute report) indicates there is a tax return meeting statute control criteria and it is not controlled with a Form 895, perform a special search to locate the return. Upon locating the tax return in the group, notify the responsible examiner or specialist that statute control must be established or place the return in a red file folder and hand carry it to the manager for statute determination and preparation of Form 895. In the case of an off-site manager, consult with the manager on how to provide him or her with the information he or she needs to prepare Form 895.

    8. If the ERCS Pending Statute Report or the Form 895 statute control file contains information on a return which is not listed on AIMS Table 4.1 or 4.0, determine whether or not the return is physically located in the Examination unit. Secure an AMDISA print, if necessary, to help locate the return. If the return is located, ensure that the statute expiration date on AIMS is correct.

    9. If the return is not located, verify that the return has physically left the Examination unit. Secure a receipted Form 3210, Document Transmittal, acknowledging transfer of the case file to another unit. Update AIMS/ERCS accordingly.

    10. If there has never been a record of the return in the work group, notify the manager. The manager initiates a search for the return. The manager may obtain assistance from the AIMS/ERCS Coordinator in locating the return.

    11. Enter any corrected statute expiration dates on AIMS (through ERCS for Examination). Once an update is input with a statute expiration date beyond 180 days from the current date, that return will not appear on the AIMS statute table. Returns with statute dates shown as "872-A" will remain on the AIMS table.

    12. Upon completion of the above actions, the group secretary or other designated person gives Table 4.1 or 4.0 to the manager or other designated manager for final review.

    13. As per Document 12990, Records Control Schedule, Section 23,Tax Administration-Examination,the tables may be destroyed after 5 years plus the current year, or after no further reference value, whichever is earlier.

25.6.23.6.10  (03-23-2015)
Statute Transcripts

  1. Statute transcripts are generated monthly at the campuses on tax modules showing credit balances, no return posted, and returns having a potential statute expiration date within 180 days. The potential expiration date is three years from the due date of the return.

  2. Instructions on researching statute transcripts are in IRM 25.6.1.11, Statute Transcripts, and in IRM 4.4.27.5.15, Accounts Maintenance and Statute Transcripts.

  3. Upon verifying a case in a campus Examination Operation that has a potential expiration date within 180 days, per a statute transcript, review transcript and account to ensure all items have been addressed as part of the examination.

  4. If statute expiration is not imminent (within 180 days), ensure that the correct statute date is reflected on AIMS. If the statute date is within 180 days, also take the actions specified in IRM 25.6.23.6.4 (5), Area Office Group Statute Controls.

25.6.23.6.11  (03-23-2015)
Disposition of Form 895

  1. When a case file under statute control is closed or transferred from an Examination work group, attach Form 895 to the front of the case file folder, on top of all other attachments.

  2. When processing of the case is completed, Form 895 is placed in the administrative case file by the case closing function.

  3. All original Forms 895 must be retained with the case file to reflect the history of statute determinations made, who approved and the date of approval, as well as other pertinent information as to the ASED determinations.

25.6.23.7  (03-23-2015)
Statute Controls in Examination Case Closing Functions

  1. The following instructions apply to case closing functions. They apply to:

    • Centralized Case Processing units located at campuses.

    • Batch Processing or any other function closing examined cases at campuses.

25.6.23.7.1  (03-23-2015)
Initiating Controls in Case Closing Functions

  1. Statute controls will already be established on most returns or penalty cases having potential statute expiration dates within 180 days on cases coming into case closing functions/process. In the event controls have not been established, the following steps will be taken.

    1. If Form 895 is required but is not attached, notify the manager responsible for statute controls in the closing function and see IRM 25.6.23.7.1.3, Preparation/Correction of Form 895, for instructions on preparation of Form 895.

    2. The manager may contact the originating function for additional statute information or to give feedback about the lack of proper statute controls.

    3. Date stamp, showing the date of receipt in the closing function, the Form 895 which is attached to the case file folder. Write "Statute Control" on the outside of the case file, followed by the name of the tax examiner responsible for screening the case for statute controls.

    4. Place a red folder around the case file if the case is not already contained in a red folder.

    5. Staple Form 895 to the outside of the file folder if the Form 895 is not already there.

25.6.23.7.1.1  (03-23-2015)
Time for Initiating Statute Controls in Case Closing Functions

  1. All returns with 120 days or less remaining before the statutory period for assessment will expire (or may expire) are placed under statute controls.

25.6.23.7.1.2  (03-23-2015)
Screening Returns Received in Case Closing Functions

  1. Immediately upon receipt in the case closing function, a designated tax examiner or clerk (hereinafter "statute examiner" ), screens all returns and penalty cases to identify returns or cases with statutes expiring within 120 days.

  2. The statute examiner inspects all returns and penalty cases with tax periods ending two and a half years, or more, prior to the date received in the case closing function for potential statute expiration.

  3. The statute examiner verifies that the statute expiration date on Form 895 is correct, taking into account any special statute conditions, if any, and is correctly reflected on AIMS, ERCS, and Master File as applicable.

  4. If the correct statute expiration date cannot be determined with certainty, the statute examiner obtains assistance from a manager.

  5. At campuses, assistance may also be obtained from the Statute Function.

  6. The statute examiner reviews consents to extend statutes to ensure the consents are prepared correctly and have appropriate, timely signatures for the taxpayer and for the Internal Revenue Service.

25.6.23.7.1.3  (03-23-2015)
Preparation/Correction of Form 895

  1. If there is no Form 895 with the case file and the statute expiration date is within 120 days, the statute examiner completes a Form 895 and attaches it to the front of the case file folder—on top of all other documents.

  2. All cases meeting the 120-day statute criteria must be controlled regardless of the length of time the case is going to be in the closing function.

  3. Line–by–line instructions for completing the current Form 895 are in IRM Exhibit 25.6.23-1.

  4. As needed, the statute examiner adds or corrects Form 895 data, including the following items, and initials any additions or corrections:

    • Taxpayer name

    • SSN/EIN

    • Return form number

    • Taxable year or period

    • Statute expiration date

  5. Any correction to the statute expiration date on Form 895 must be compared with the Master File ASED and AIMS ASED to ensure they all agree.

25.6.23.7.2  (03-23-2015)
Centralized Statute Controls in Case Closing Functions

  1. Statute controls are centralized in a single location.

  2. The statute control file consists of:

    • Form 895

    • ERCS Pending Statute Report and

    • AIMS Table 4.0.

25.6.23.7.2.1  (03-23-2015)
Statute Control Responsibilities in Case Closing Function

  1. The Centralized Case Processing Manager designates a manager to have primary responsibility for maintenance of the statute control file. Actual maintenance of the file may be assigned to clerical personnel. This procedure does not relieve other managers and employees of their responsibilities to protect statutes within their respective areas.

  2. An employee having possession of a tax return in the closing function notifies the person maintaining the statute control file of any action or development affecting the statute.

25.6.23.7.2.2  (03-23-2015)
Case Closing Function's Form 895 Statute Control File—Open Section

  1. Copies of Form 895 in the open section of the control file are filed in order by statute expiration date. Forms 895 showing restricted Forms 872–A are placed in the front of the open section of the file.

  2. Multiple Forms 895 having the same expiration date are filed in order by SSN/EIN.

  3. The open section of the Form 895 file is monitored weekly. See IRM 25.6.23.7.3, 30-Day Statute Search, below for action to be taken on cases with statute expiration dates within 30 days.

25.6.23.7.2.3  (03-23-2015)
Case Closing Function's Form 895 Statute Control File—Closed Section

  1. Upon verifying that assessment has been made (AIMS Status 90, Transaction Code 300; Form 3552, Prompt Assessment Billing Assembly), move the control copy of Form 895 along with any documentation from the open section to the closed section of the file.

  2. Maintain the closed section of the file by month closed in order by SSN/EIN.

25.6.23.7.3  (03-23-2015)
30-Day Statute Search

  1. The following procedures will be followed when 30 days or less remain on the statute:

    1. The statute examiner photocopies the pertinent Form 895 or generates a list of imminent statute cases.

    2. The statute examiner gives the photocopies or list to the manager or supervisor of the case closing function and to the responsible tax examiner or special search clerk.

    3. If the statute is otherwise protected, the person who verifies such information annotates the statute control record accordingly, initials the entry and returns it to the statute examiner. In lieu of initials, an electronic signature may be used on a PDF file. If using the electronic signature, the full name of the person signing must be reflected.

    4. If a return cannot be located after a special search, see IRM 25.6.23.7.6.4, Search for Missing Returns, below. The statute examiner initiates action to develop information and make a quick assessment.

    5. The statute examiner inputs an AIMS freeze code (Freeze Code "1" ) using command code AMFRZ to prevent case closure. This will enable a tax examiner to abate any duplicate assessment that may occur.

25.6.23.7.4  (03-23-2015)
When to Update Form 895 in Case Closing Functions

  1. The statute expiration date will be changed upon receipt of:

    1. A properly executed statute extension or

    2. A notice of termination.

25.6.23.7.4.1  (03-23-2015)
Procedure for Updating Form 895 in Case Closing Function

  1. The following procedures will be followed when updating Form 895:

    1. Locate the case file having Form 895 attached. Pull the control file copy of Form 895.

    2. Enter the new statute expiration date in Item 5 of Form 895.

    3. Write the consent form number, date received, and the name of the examiner in Item 7.

    4. The employee making the update initials Form 895 next to the revised statute date. In lieu of initials, an electronic signature may be used on a PDF file. If using the electronic signature, the full name of the person signing must be reflected.

    5. The manager or supervisor approving the update initials Form 895 next to the revised statute date. In lieu of initials, an electronic signature may be used on a PDF file. If using the electronic signature, the full name of the person signing must be reflected.

    6. Return the case file, with the updated Form 895 attached, to the assigned tax examiner for closing.

    7. File Form 895 under the revised statute expiration date.

25.6.23.7.4.2  (03-23-2015)
Updating Form 895 for Statute Extensions Received

  1. Write or type the consent form number, date received, and name of the examiner in Item 7 of Form 895.

  2. Attach the consent form to the back of the first page of the return. If the consent covers multiple years, the original will be attached to the back of the first page of the tax return for the latest year and photocopies will be attached to the back of the first page of the tax return(s) for the earlier years.

  3. For penalty case files where there is no tax return, the executed consent form should be placed in a visible place within the case file.

25.6.23.7.5  (03-23-2015)
Updating AIMS and ERCS in Case Closing Functions

  1. Whenever a change or correction in the statute expiration date is determined, the person identifying such change initiates action to enter the revised statute date through AIMS/ERCS. Form 5348, AIMS/ERCS Update (Examination Update), is used to update the statute date on AIMS/ERCS.

25.6.23.7.6  (03-23-2015)
AIMS Table 4.0 Use in Case Closing Functions

  1. AIMS Table 4.0 and Table SC 4.0 are computer/electronically generated listings which reflect returns with statute dates that either have expired or are due to expire within 180 days.

  2. See IRM 25.6.23.6.9, AIMS Tables 4.1 and SC 4.0, for the return status codes included in Table 4.0.

25.6.23.7.6.1  (03-23-2015)
Information in AIMS Table 4.0

  1. See IRM Exhibit 25.6.23-4, Tables 4.0 and 4.1, Returns With Statute Date Pending.

25.6.23.7.6.2  (03-23-2015)
AIMS Table 4.0 Responsibilities

  1. The statute examiner or a designated manager is responsible for generating Table 4.0 data.

  2. Additional responsibilities of the statute examiner and managers are explained in IRM 25.6.23.7.6.3, Verifying AIMS Table 4.0 Data With the Statute Control File, and IRM 25.6.23.7.6.4, Search for Missing Returns.

25.6.23.7.6.3  (03-23-2015)
Verifying AIMS Table 4.0 Data With the Statute Control File

  1. Each month a designated person (the statute examiner or manager) reviews and reconciles AIMS Table 4.0 data with the ERCS statute control data or with Form 895 statute control files for all returns having statute expiration dates within the next 120 days.

  2. The designated person will do the following.

    1. Identify all returns having statutes expiring within 120 days. First verify data for returns having statute dates within 30 days; then verify remaining returns in priority order (60 days, then 90, then 120 days, etc.).

    2. Locate all returns appearing on Table 4.0 for the first time. Returns showing on Table 4.0 as repeats do not have to be physically located if previous tables show the return was located and the statute date has not changed. Place an "R" in front of the taxpayer name to indicate that the return has been located.

    3. Compare Column 1 data on Table 4.0 with the same data on the ERCS statute controls or on Form 895, Item 1.

    4. Compare the statute date in Column 8 of Table 4.0 with the date on the ERCS statute controls or on Form 895, Item 5, as well as contents of case file such as consent form, Form 3198, Special Handling Notice for Examination Case Processing, etc.

    5. Reconcile any differences between Table 4.0, ERCS, Forms 895 or contents of case file.

    6. Note any explanations, including resolution actions, in the "Comments" column of Table 4.0 or on the ERCS statute control record.

    7. If necessary, update the AIMS/ERCS data bases to show the correct statute expiration date information.

    8. If the statute will expire within 60 days or less and the AIMS/ERCS record shows the case is open, request a quick assessment. See IRM 4.4.25, Quick Assessments.

    9. If the ERCS record or Form 895 statute controls shows the case is closed, verify closure through: AMDISA on AIMS (Status 90); a transcript of the tax module showing Examination case closure (posting of Transaction Code 300 or 301); and/or information noted on Form 895.

      Note:

      Annotate Table 4.0 showing the date the return was closed and the method (terminal, quick assessment, etc.). If not previously done, update the AIMS/ERCS data bases.

    10. If a statute extension was received, annotate the form number and the new statute expiration date on Table 4.0. If not previously done, update AIMS/ERCS with the extended date.

    11. If a case appears on Table 4.0 and a corresponding Form 895 is not located in the open or closed section of the statute control file, research AIMS for the most recent data to locate the return. If there is no information on AIMS, perform additional research. See IRM 25.6.23.7.6.4, Search for Missing Returns.

    12. If the information on AIMS Table 4.0 is consistent with data in ERCS and the Form 895 statute control record, place a check mark next to statute date, or in the "Comments" column, on Table 4.0.

    13. If the case has been closed, place a "C" next to the taxpayer name, or in the Comments column, on Table 4.0. Indicate the date and method of closure in the Comments column.

    14. If a case cannot be located in the case closing function, indicate "no record" or "NR" in the "Comments" column of Table 4.0 and search for the missing return. See IRM 25.6.23.7.6.4, Search for Missing Returns.

    15. If a return listed on Table 4.0 was ordered but not received, place an "O" in front of the taxpayer name. If the return was requested two months or more prior to the date of the listing, make a follow-up request for the return. Enter the date of the follow-up in the "Comments" column.

    16. If a case on the listing has been transferred, place a "T" next to the case name or in the "Comments" column. Indicate where it was transferred and the date transferred in the "Comments" column of Table 4.0.

    17. After AIMS Table 4.0 information has been verified against the ERCS or the Form 895 statute control records, and Table 4.0 shows cases that have been closed, transferred or erroneously charged to the case closing function, the manager or supervisor having overall responsibility for Table 4.0 determines where the case is located. If the case is still open in the area office or campus, notify the manager having physical possession of the case of the early statute expiration date. The manager having physical possession of the case outside the case closing function reviews the case file and takes necessary action to protect the statute and update the AIMS and ERCS data bases.

    18. After reconciling all items on Table 4.0 and making appropriate notations, the manager or supervisor responsible for the statute control file signs and dates Table 4.0. An electronic signature is currently not permitted on the Table 4.0.

    19. As per Document 12990, Records Control Schedule , Section 23, Tax Administration-Examinationthe tables may be destroyed after 5 years plus current year, or after no further reference value, whichever is earlier; however, the tables must be retained for a minimum of two years by the responsible manager.

25.6.23.7.6.4  (03-23-2015)
Search for Missing Returns

  1. Procedures for conducting a missing return search are as follows:

    1. If a return on Table 4.0 cannot be located in the case closing function, perform additional research.

      For Example:
      IDRS Master File research.
      Checking for related returns.
      Contacting the Examination group.
      Requesting the return from files.
    2. The missing return may have been erroneously attached to a related return.

    3. If research indicates a related return has been examined and closed within the past nine months, requisition the return from files to see if the missing return is attached.

    4. If the missing return is not located after additional research, provide the AIMS/ERCS analyst with the research information and request assistance in locating the return. If the return still cannot be located, gather enough information to make a protective manual assessment. See IRM 4.4.25, Quick Assessments.

    5. When a protective assessment is made, input an AIMS freeze code (Freeze Code "1" ) using command code AMFRZ to prevent case closure. This will allow an examiner to abate any duplicate or erroneous assessment.

    6. At local option, a copy of the completed AIMS Table 4.0 may be provided to the AIMS/ERCS analyst, whether or not there are missing returns.

25.6.23.8  (03-23-2015)
Imminent Assessment Statute Cases

  1. Imminent assessment statute cases require special handling and it is imperative that examiners and managers allow adequate time from case closing until the statute expiration date for the necessary case review, case processing and deficiency assessment.

25.6.23.8.1  (03-23-2015)
Minimum Time Remaining on ASED

  1. When submitting a case to Centralized Case Processing or Technical Services, as applicable, certain minimum amounts of time must remain on the ASED to allow the case to be processed in the normal course of business. The minimum time remaining on the ASED at the time the case is received by Centralized Case Processing or Technical Services is as follows, by case type:

    • Agreed (Non-TEFRA) cases must have at least 4 months (120 days) remaining.

    • Unagreed (Non-TEFRA) cases for issuance of statutory notice of deficiency must have at least 6 months (180 days) remaining at the time the case is received in Technical Services for issuance of the statutory notice of deficiency.

    • Agreed TEFRA key entity cases must have at least 12 months (365 days) remaining.

    • Unagreed TEFRA key entity cases for issuance of the final partnership administrative adjustment (FPAA) must have at least 8 months (240 days) remaining at the time the case is received in Technical Services for issuance of the FPAA.

    • Any unagreed case (TEFRA or Non-TEFRA), except estate tax cases or IRC 6206 excessive claims cases, going to Appeals must have at least 12 months (365 days) remaining on the ASED at the time the case is initially received in Appeals. Estate tax cases or IRC 6206 excessive claims cases must have at least 9 months (270 days) remaining when they are received in Appeals.

    • If Appeals returns a case to Examination for consideration of new information or new issues raised by the taxpayer, the case must have at least 7 months (210 days) remaining on the ASED when the case is received in Examination.

    • For cases where Appeals previously released jurisdiction and returned the case to Examination for additional work, there must be at least 6 months (180 days) remaining on the ASED when the case is received back in Appeals.

    Note:

    For unagreed case packages where the TEFRA key entity is controlled using alpha code AC, there must be a minimum of 32 months remaining on the ASED for all open partner IRC 6501 statutes, and all partner statute dates must be extended to the same date. Examiners must closely coordinate all case actions with their local TEFRA coordinator under these circumstances.

25.6.23.8.2  (03-23-2015)
Non-TEFRA Cases With Less Than 90 Days to ASED

  1. In addition to the other procedures (red folder, Form 895, Form 3198, Special Handling Notice for Examination Case Processing) for flagging imminent assessment statute cases, when a case includes a tax period that has less than 90 days remaining on the assessment statute of limitations at the time of closing from the group, the following actions are required:

    1. The case will be discussed by the manager in control of the case with his or her immediate manager and the case activity record will be documented to note the discussion with the immediate manager has taken place concerning the circumstances surrounding the imminent statute.

    2. The manager in possession of the imminent assessment statute case will contact the appropriate manager in either Centralized Case Processing or Technical Services, depending on which organizational component will be receiving the case, to advise of the imminent statute case requiring special handling and whether or not the case requires Area Counsel review of any proposed statutory notice of deficiency (SNOD) as required by IRM 4.8.9.9.2.1, Mandatory Area Counsel Review Criteria. If Area Counsel review is required, a special handling notice should be attached to the case file and annotated with the remark: "Area Counsel Review of Proposed SNOD Required."

    3. The case file is to be delivered to Centralized Case Processing or Technical Services, as applicable, by the most practical method (either hand delivery or by overnight mail/delivery service) and the manager is to follow-up with the receiving unit's manager to ensure receipt of the case.

    4. If the imminent statute case requires issuance of a SNOD (or FPAA) then the case examiner will be made available for preparation of the notice, depending upon the needs of the Technical Services staff.

25.6.23.8.3  (03-23-2015)
TEFRA Cases With Less Than 240 Days to ASED

  1. For TEFRA cases, the steps enumerated in IRM 25.6.23.8.2, Non-TEFRA Cases With Less Than 90 Days to ASED, are to be followed, except that for TEFRA flow-through entity cases, a case is considered to meet the requirements for the imminent statute case processing procedures of IRM 25.6.23.8.2 if the TEFRA entity has less than 240 days remaining on the statute of limitations.

Exhibit 25.6.23-1 
Form 895 Instructions

This exhibit provides instruction for preparation of the manually prepared version of Form 895. IRM Exhibit 25.6.23-2 provides instruction for preparation of the ERCS version of Form 895.

Item Number Description
#1. (a) Name and Address of Taxpayer-An AIMS address label may be used.
#1. (b) Taxpayer Identification Number-Enter SSN or EIN if not on a label used in 1. (a). Return Form Number. For example, enter as "1040" or "1120." Taxable Year or Period. For example, enter as "201312" or "201309." Enter only one tax year on Form 895. Up to four quarterly Form 941, Employer's Quarterly Tax Return, tax periods for the same calendar year may be on one Form 895. For example, enter as "201303, 201306, 201309, 201312."
#1. (c) Employee Charged with Return-Enter the name of the examiner to whom the return is assigned as of the date Form 895 is initiated. The examiner to whom the return is assigned will sign and date this item upon verifying or completing Items I through 7.
#2. Notification Date-Enter the date Form 895 is initially issued to the assigned employee.
#3. Group Number-Enter the number of the group where the return is assigned as of the date Form 895 is initiated.
#4. Date Return Filed or Due (whichever is later)-Enter the filing date, but not earlier than the return due date. Information on determining a return due date is contained in IRM 25.6.1.6.4, Statute of Limitations Chart for Tax Returns, and information as to when a return is filed is at IRM 25.6.1.6.15, When a Document Is Treated as Filed Under the IRC.
#5. Expiration Date-Enter the correct assessment statute expiration date based on the date the tax return was filed. The employee charged with the return and the responsible manager initial and date next to the expiration date. Any update to the statute expiration date, including alpha code designations, must be entered in Item 5 with the employee and manager initials and date. The Form 895 does not serve as the approved input document for updating the statute on AIMS. Instructions for updating the statute date on AIMS, and alpha code instructions are in Exhibit 25.6.23-3. If a tax return has more than one statute expiration date, enter the earliest date in Item 5 and describe other expiration dates in Item 7.
#6. Appropriate Blank to be Checked by Individual Charged with Return-Check the applicable blank.
#7 Remarks-State information pertinent to the statute determination which is not evident elsewhere on Form 895.

Exhibit 25.6.23-2 
ERCS Form 895 Instructions

This exhibit provides instruction for the ERCS version of Form 895. IRM Exhibit 25.6.23-1 provides instruction for preparation of the manually prepared version of Form 895.

Note:

Electronic signatures are permitted on PDF file copies of Form 895. An electronic signature must reflect the full name of the person signing the document. An electronic signature may also be used in lieu of initials.

Item Number Description
#1. (a)-completed by ERCS Name and Address of Taxpayer.
#1. (b)-completed by ERCS Taxpayer Identification.
 TIN: SSN or EIN of the taxpayer.
 MFT: Master File Tax code.
 Tax Period: For example, "201312" or "201309."
Form Number: For example,  "1040" or "1120."
#1. (c)-completed by ERCS Employee Charged with Return-On the signature line the examiner to whom the return is assigned signs and dates this item upon verifying or completing Items 1 through 7.
#2.-completed by ERCS Notification Date.
#3.-completed by ERCS Group Number.
#4. Date Return Filed or Due (whichever is later)-Enter the filing date, but not earlier than the return due date. Information for determining a return due date is contained in IRM 25.6.1.6.4, Statute of Limitations Chart for Tax Returns, and information as to when a return is filed is at IRM 25.6.1.6.15, When a Document Is Treated as Filed Under the IRC.
#5. Statute Expiration Date. Enter the correct assessment statute expiration date, based on the date the tax return was filed. ERCS will initially generate the statute expiration date that is on AIMS. The employee charged with the return and the responsible manager place their initials and date next to the expiration date. Any update to the statute expiration date, including alpha code designations, must be entered in Item 5 with employee and manager initials and dates. The Form 895 does not serve as the approved input document for updating the statute on AIMS. Instructions for updating the statute date on AIMS, and alpha code instructions are in IRM Exhibit 25.6.23-3. If a tax return has more than one statute expiration date, enter the earliest date in Item 5 and describe other expiration dates in Item 7.
#6. Appropriate Blank to be Checked by Individual Charged with Return-Check the applicable blank.
#7. Remarks-State information pertinent to the statute determination which is not evident elsewhere on Form 895.

Exhibit 25.6.23-3 
Instructions for Updating the Statute on AIMS

(1) Form 5348, Examination Update, is used to update statute of limitation information on AIMS. Form 5348 is also used to request statute updates on ERCS, the Examination Returns Control System. Statute updates on ERCS will automatically update the same data on AIMS. See IRM 4.4.34, Updating/Correcting AIMS Data Base, and IRM 4.7.3, Statute of Limitations.

(2) An extended or corrected statute expiration date is entered in this format: MMDDYYYY. For example: 04152015.

Once a statute update has been input on AIMS and the statute expiration date is more than 180 days from the date AIMS Table 4.0 or 4.1 is generated, the return will no longer appear on the table.

(3) When an open-ended consent has been secured, for example, Form 872-A, Special Consent to Extend the Time to Assess Tax, enter "872-A" in the ASED field.,

This entry does not remove the return from AIMS Table 4.0 or 4.1. The "872-A" designation will appear on the table indicating an open-ended consent has been secured.

(4) Where a restricted consent to extend the statute is accepted, ensure that all deficiencies other than those covered by the extension are assessed (partial assessment) before the statute is updated, on AIMS and on ERCS, to the extended expiration date. Statute consent code "R" must be input to AIMS if a restricted consent agreement is entered into with the taxpayer. For guidelines for restricted consents, see IRM 25.6.22.8, Restricted Consents.

Updating ASED Upon Issuance by Area Office of a Statutory Notice of Deficiency or Notice of Final Partnership Administrative Adjustments (FPAA)
When a statutory notice of deficiency is issued, the Technical Services' issuing office will update the ASED on returns with a calendar date ASED to include the minimum number of days the period for assessment is suspended from running (90, or 150 days if the notice is addressed to a person outside the United States, plus 60 days for a total of 150 or 210 days). This is done in order to reflect the best information available with respect to the statute of limitations at the time the notice of deficiency is issued. Should the updated ASED change, for example, as a result of an agreement by the taxpayer to the deficiency, then the ASED would be updated again to reflect the new information.

When an FPAA is issued, the Technical Services' issuing office will update the ASED of the TEFRA entity to include the minimum number of days the tax matters partner (TMP) or other partners have to petition the Tax Court, District Court or Claims Court (90 days for TMP, plus 60 days for other partners after the initial 90 days, for a total of 150 days as per IRC 6226), plus one year as per IRC 6229 to reflect the best information available with respect to the statute of limitations at the time the FPAA is issued.

Alpha Codes
A two-digit alphabetic code designating a special statute situation may be entered in the day (DD) position of the statute date on AIMS and ERCS. For example, if FF is entered for a reference return and the actual statute expiration date is 04152014, the statute date will be entered on AIMS as 04FF2014.

An alpha code on the AIMS statute data base does not remove the return from AIMS Table 4.0 or 4.1. It creates a message indicating that special conditions exist which affect the statute expiration date. Also, it should be noted the ASED is updated on AIMS as the result of entering an alpha code, but the ASED is not updated at Master File.

Alpha Codes

Code Description
AA Claim for Refund/Credit Only Issue
AB Assessment Statute of Limitations Waived by Properly Executed Closing Agreement
AC TEFRA-Entity Statute Protected at the Partner Level
AD Employment Tax Return Examination Limited to IRC 3121(q)
BB Loss Carryback–IRC 6501(h)
CC Joint Investigation
DD Credit Carryback–IRC 6501(j)
EE No Return Filed–IRC 6501(c)(3)
FF Reference Return
GG Non-TEFRA Flow-through
HH TEFRA Investor
II Form 1040, Other Taxes
JJ Non-Taxable Fiduciary or Certain Deceased Spousal Unused Exclusion (DSUE) Returns
KK Bankruptcy Suspension– IRC 6503(h)
LL Third-Party Summons Suspension–IRC 7609(e)
MM Activity Not Engaged in for Profit–IRC 183(e)(4)
NN Substantial Omission of Items–IRC 6501(e)
OO False or Fraudulent Return–IRC 6501(c)(1); Taxpayer Not Under Joint Investigation
PP Non-taxable TE/GE Return
QQ Docketed Case
RR Various Other IRCs that Override IRC 6501(a)
SS Financial Disability–IRC 6511(h)
TT Mitigation–IRC 1314(b)
UU Failure to Notify Secretary of Foreign Transfers–IRC 6501(c)(8)
VV Gifts Not Adequately Disclosed on Return–IRC 6501(c)(9)
WW Failure to Provide Information with Respect to "Listed" Transactions–IRC 6501(c)(10)
XX Return Preparer, Promoter and Aiding/Abetting Penalties (Only Used for ERCS Controls, not an AIMS Entry)
YY Participation in Abusive Offshore Arrangements
ZZ AIMS Database Transfer–Temporary ASED Alpha Code (Not to be Used/Input Unless Receiving (Gaining) Unit Approves)

CAUTION! Assessment statutes have expired and the ability to assess a tax liability has been lost through improper use of alpha codes. It is important that persons making alpha code determinations understand how the tax law impacting the periods of limitation applies in each particular situation.

Alpha coding the ASED should only be considered after attempting to extend the assessment statute or where there is not sufficient time to attempt to protect the assessment statute when the return is received in the examining group (generally, less than 30 calendar days prior to the return’s ASED).

There can be more than one special statute condition for a given tax period. In such cases, the statute controls should reflect the normal statute expiration date until it is determined with certainty which special assessment statute condition be relied upon to alpha code the AIMS ASED.

As a general rule, the alpha code should not be entered on AIMS and on statute control records prior to 180 days before expiration of the normal statutory period for assessment and the individual ASED alpha code descriptions below should be read in the context of this general rule. The exception to this general rule is that alpha code EE may be entered on AIMS in non-filer situations at the time the AIMS record for the non-filed tax period is established. Also, alpha code ZZ may be input prior to 180 days before expiration of the normal statutory period for assessment to enable transfer of the return.

Most alpha codes apply only when precise requirements of the law are met. The alpha code should be used only when it is clear that all essential elements of the applicable law are present.

For protection of the persons making and approving the ASED alpha code determination, in cases where the normal statutory period for assessment is still open, a statement in the Remarks section of Form 895 is required. The signatures or initials of both the employee charged with the return and the manager next to the statement give added assurance that all aspects of the alpha code condition have been carefully considered. Electronic signatures are permitted on the Form 895 if the form is in a PDF file. If signing electronically, the signature must reflect the full name of the person signing the document (not just the SEID or other identifier). An electronic signature may also be used in lieu of initials, providing the full name is reflected.

The procedures immediately below are to be followed in those instances when the examiner and manager have made a decision to allow the normal assessment statute expire in reliance on the extended assessment statute provisions of IRC 6501(c)(1), false or fraudulent return; IRC 6501(c)(8), failure to notify Secretary of foreign transfers; IRC 6501(c)(9), gifts not adequately disclosed on return; IRC 6501(c)(10), failure to provide information with respect to "listed transactions" ; IRC 6501(e), substantial omission of items; IRC 7609(e), suspension of statutes of limitations resulting from third-party summons. Also, see alpha codes AC and YY, below, for the requirement to document the case file and secure Territory Manager (for alpha code YY), or Area Director (AD)/Director, Field Operations (DFO) ( for alpha code AC) concurrence if either of these alpha codes is being entered on AIMS/ERCS.

Note:

These procedures do not apply to tax periods which have been referred to the Criminal Investigation Division for consideration of a joint investigation either before or after the expiration of the normal assessment statute of limitations. For assessment statute management guidance on cases referred for joint investigation, see IRM 25.1.4.3.7, Statute Protection.

  1. Timely and properly make a request to the taxpayer to extend the normal assessment statute of limitations and document the file accordingly with the request and the taxpayer’s response (or lack of response).

  2. Prior to expiration of the normal assessment statute, document the manager’s decision to allow the normal assessment statute to expire in reliance on an extended assessment statute specified above. Documentation is accomplished by the manager preparing a memorandum to file that has been concurred with, in writing, by the Territory Manager that fully sets forth the rationale and calculations to support the conclusion to allow the normal assessment statute to expire. The requirement to seek concurrence from the Territory Manager applies only to the special assessment statute conditions associated with the IRC subsections specified above or the "YY" alpha code

    Note:

    If using alpha code AC, written approval from the AD/DFO is required prior to updating the statute or proceeding with the examination.

  3. Prior to the expiration of the normal assessment statute, update the AIMS data base by means of the appropriate alpha code ("LL" for third-party summons suspension, "NN" for substantial omission of items, "OO" for false/fraudulent return, "UU" for failure to notify of foreign transfers, "VV" for inadequately disclosed gifts, "WW" for failure to disclose "listed transactions," "YY" for participation in abusive offshore arrangements and "AC" for TEFRA-entity statute protected at the partner level).

AA—Claim for Refund/Credit Only Issue

AA designates a claim for refund/credit was filed timely by the taxpayer, and a decision has been made that there are no other issues on the return which warrant an assessment, and the claimed refund has not been paid to the taxpayer. The statute is held open for refund or credit up to the amount of the claim subject to the limitation on the amount provided by the lookback rules of IRC 6511(b) (e.g., for a refund claim filed within the 3-year period from the time the return was filed, the amount is limited to the tax paid during the 3-years immediately preceding the filing of the claim, plus the period of any extension of time for filing the return).

AA should NOT be used if there are issues which could result in additional assessment of tax or penalties. The statute for assessment is not held open by the timely filing of a claim for refund/credit.

If the statute for assessment is open when a claim is received, the actual statute expiration date, rather than AA, should be entered initially on the statute control records. The statute controls should be updated to AA only after the examiner is certain there is no likelihood of a tax or penalty assessment, and only after the examiner ascertains that the refund amount has not already been paid to the taxpayer. An appropriate statement in the Remarks section of Form 895 would be: "The return was inspected and there are no material issues other than those on the claim and the claimed refund has not been paid."

Note:

Even though the assessment statute has expired, other adjustments can be made to taxable income to partially or fully offset the otherwise allowable claim for refund. If the claimed refund has been paid to the taxpayer, then no offsets can made after expiration of the assessment statute of limitations.

AA may be used for formal claims, informal claims, and for taxpayer requests for abatement of unpaid tax (AIMS source code 73-Taxpayer Request, also known as audit reconsiderations) when the taxpayer has filed a return. If the taxpayer has not filed a return and requests abatement of an assessment made by means of a substitute for return under IRC 6020(b), the ASED, if alpha coded, should be coded EE. Also, see alpha code SS—Financial Disability, for claims filed after the normal statute of limitations which are based on a claim of financial disability, as defined in IRC 6511(h)(2).

AA may also be used for preparer penalty cases under IRC 6694(a) or IRC 6695, where the normal three year ASED has expired, the preparer has paid the penalty, and a claim for refund of the penalty has been filed.

Note:

If the taxpayer has not timely filed a claim for refund, overassessments are not to be made after the Refund Statute Expiration Date (RSED). While a Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax And Acceptance of Overassessment, reflecting an overassessment can constitute the required claim for refund, the signed Form 870 must be filed with the Internal Revenue Service (timely mailing is timely filing under IRC 7502) on or before the RSED. See Rev. Rul. 68–65, 1968-1 C.B. 555. Generally, if the taxpayer files a claim for credit or refund, a refund statute control date (RFSCDT) is set at Master File. If no claim has been filed but the signed Form 870 reflecting an overassessment is being used as the claim for refund, then caution must be exercised as no RFSCDT will be on Master File to block refunds which are outside the refund statute of limitations. Also, see IRM 4.10.8.9.7, Inviting Claims in Overassessment Cases.

AB—Assessment Statute of Limitations Waived by Properly Executed Closing Agreement

AB designates that the statutory limitation pertaining to the period of time for assessment of tax for the taxable period has been waived by a closing agreement that has been properly executed by both the taxpayer and a delegated Internal Revenue Service official. The month (MM) and year (YYYY) entries accompanying the AB alpha code are the month and year the statute expired, absent the properly executed closing agreement waiving the assessment statute of limitations.

AC—TEFRA-Entity Statute Protected at the Partner Level

Generally, the TEFRA statute is secured at the partnership level with a Form 872-O, Special Consent to Extend the Time to Assess Tax Attributable to Partnership Items, or Form 872-P, Consent to Extend the Time to Assess Tax Attributable to Partnership Items. However, there are some occasions where it is not possible to secure an extension at the partnership level. When this happens, it is necessary to protect the TEFRA statute at the partner level before the TEFRA partnership statute expires.

TEFRA proceedings should be finalized prior to the expiration of the key case statute whenever possible. It is recommended that a final partnership administrative adjustment (FPAA) be issued, if necessary, to avoid the need to control investor level statutes. It may be necessary to quickly issue a Notice of Beginning of Administrative Proceeding (NBAP), FPAA, and untimely notice letter in some cases.

If a conclusion is reached that a TEFRA proceeding with the issuance of an FPAA or a statute extension at the TEFRA partnership level is not an option in order to protect the ASED at the TEFRA partnership level, the TEFRA statute must be protected by securing a Form 872 (Rev. 10-2009 or subsequent, which includes TEFRA-related wording) from each partner.

When one or more of the TEFRA statutes of the underlying partners has not expired, the partnership TEFRA statute will be updated with an alpha code AC provided a determination has been made not to protect the IRC 6229 statute at the entity level. The partnership statute cannot be updated with alpha code AC until there are 180 days or fewer on the regular statute.

The key case partnership return must be linked on PCS to use alpha code AC.

Note:

The AC alpha code should not be routinely used. The TEFRA statute should be secured at the partnership level whenever possible. Consideration should be given to the resource expenditure required to secure partner-level statute extensions. The field will need to prepare and secure all partner-level extensions.

Note:

In rare circumstances, an expired year may need to be linked in order to send notices to partners for the purpose of adjusting carry over amounts. In that case, the AC code would not be used.

The use of alpha code AC requires Area Director or Director, Field Operations (DFO) concurrence prior to opening or proceeding with an examination where the IRC 6229 statute has expired, or will expire within 180 days.

Note:

If the key TEFRA entity statute will expire merely due to the timing of processing the underlying partner adjustments, e.g., examination work on the TEFRA entity has been completed and agreements have been secured, use of the AC statute is not appropriate.

If 100% of the partner statutes, whether under examination or not, are not protected with respect to adjustments flowing from the TEFRA entity, an explanation as to why certain partners’ statutes were allowed to expire must be included on, or attached to, the TEFRA partnership Form 895, Notice of Statute Expiration.

If an alpha code AC is used at the key case level, none of the underlying investors should have an HH alpha statute. Pass-through tier statutes should be updated to alpha code AC if the regular statute date is within 180 days of expiration or has expired, unless the tier itself is also under exam for non-TEFRA items. All taxable partners should have a calendar date statute or a statute reflecting 872-A, indicating that Form 872-A (Rev. 10-2009 or subsequent, which includes TEFRA-related wording) was used to record the consent agreement.

AD—Employment Tax Return Examination Limited to IRC 3121(q)

Alpha code AD indicates that the examination is limited to IRC 3121(q). Employment taxes for tip income not reported to the employer is the only issue. See IRM 4.23.7.8, Statute of Limitations for Tip Examinations, for additional information.

BB—NOL or Capital Loss Carryback

BB designates a net operating loss or capital loss carryback situation. The period of time for assessing a deficiency on the carryback year return is determined under IRC 6501(h) or IRC 6501(k) by the statute date of the loss year (source) return. The assessment statutes of the loss year return or the carryback return(s) must be protected in order to assess a deficiency in tax on a carryback year due to any changes to the loss carryback if a tentative allowance or the claim for refund resulting from the carryback has been paid.

BB may be used when the taxpayer has filed, as a result of a carryback loss, either an Application for Tentative Allowance (Form 1045, Application for Tentative Refund, and Form 1139, Corporation Application for Tentative Refund) or a claim for refund (Form 1040-X, Amended U.S. Individual Income Tax Return, or Form 1120-X, Amended U.S. Corporation Income Tax Return) in which the claim for refund has been paid to the taxpayer and, if the assessment statute on the carryback year(s) has not already expired, there are not "general" adjustments to the return for the carryback year in the case of claim for refund which has been paid or there are not "general adjustments" in the case of a tentative allowance that will result in tax to be assessed which is greater than the tentative allowance amount (reduced by tax which may be assessed as a result of adjustments to the loss carryback) for the carryback year. While "general" adjustments in the carryback year can be made to the extent they do not result in a deficiency greater than the tentative allowance amount, care must be exercised due to the difficulty of determining the amount of tax attributable to the "general" adjustments and whether or not the tax resulting from the "general" adjustments will exceed the tentative allowance amount (reduced by tax which may be assessed as a result of adjustments to the loss carryback). If the assessment statute on the carryback year(s) is still open, BB should NOT be used if there may be "general" adjustments to tax for the carryback year which will exceed the tentative allowance amount, as that deficiency would need to be assessed based on the ASED of the carryback year without regard to the provisions of IRC 6501(h) or IRC 6501(k). "General" adjustments are tax adjustments in the carryback year unrelated to the loss carryback.

Note:

BB is not to be used to alpha code the ASED for the carryback year(s) in situations where claims for refund have been filed as a result of carryback losses and the claims have not been paid; however, the alpha code AA may be used to code the AIMS ASED if the requirements for alpha code AA have been met. The AA alpha code is appropriate as a claim for refund can result from either an overstatement of income or an understatement of deductions on the original return or as a result of claims for refund (unpaid) resulting from carryback losses.

When BB is used, some examples of appropriate statements in the Remarks section of Form 895 would be:

  1. If the ASED on the carryback return has not expired and the taxpayer has filed an Application for Tentative Allowance: "The ASED for the carryback return is still open; however, the return was inspected and there are no material general adjustments which will result in a deficiency greater than the tentative allowance amount (reduced by tax which may be assessed as a result of adjustments to the loss carryback) and a deficiency can be assessed for the carryback year as a result of either or both a decrease in the carryback loss and/or general adjustments in the carryback year which will result in a deficiency not exceeding the tentative allowance amount."

  2. If the ASED on the carryback return has not expired and the taxpayer has filed a claim for refund as a result of the loss carryback and the claim has been paid: "The ASED for the carryback return is still open; however, the return was inspected and there are no material general adjustments which will result in a deficiency for the carryback year and a deficiency can be assessed for the carryback year as a result of a decrease in the carryback loss."

  3. If the ASED on the carryback return has otherwise expired and the taxpayer has filed an Application for Tentative Allowance: "The normal ASED for the carryback year has expired and under IRC 6501(h) and IRC 6501(k), a deficiency can be assessed for the carryback year as a result of either or both a decrease in the carryback loss and/or general adjustments in the carryback year which will result in a deficiency not exceeding the tentative allowance amount."

  4. If the ASED on the carryback return has otherwise expired and the taxpayer has filed a claim for refund as a result of the loss carryback and the claim has been paid: "The normal ASED for the carryback year has expired and under IRC 6501(h), a deficiency can be assessed for the carryback year as a result of a decrease in the carryback loss."

BB is entered in the day (DD) position of the statute date field. The month (MM) and year (YYYY) positions designate the statute date of the loss year. For example: a 2010 carryback year return has a statute expiration date of 04152014 and the 2013 loss year return has a statute date of 04152017; the statute for the 2010 carryback year return will be updated to 04BB2017. The 04BB2017 designation will drop the carryback year return from AIMS Tables 4.0 and 4.1 until the 2017 date again comes within 180 days of expiring.

BB is not used for the loss year return or for tax years having losses carried forward. An update to the statute expiration date for the loss year return will necessitate updating the BB statute date on the carryback years. If there is a Form 872-A extending the ASED on the loss year return, then the ASED of the carryback year would be 872-ABB.

CC—Joint Investigation

CC is used for tax periods covered by a Form 10498–B, Joint Investigations Intent to Solicit Consent to Extend Statute, or memorandum signed by the Territory Manager and Special Agent in Charge, Criminal Investigation, or the Area Director, stating that no consent to extend the statute should be secured. See IRM 25.1.4.3.7 , Statute Protection. An appropriate statement in the Remarks section of Form 895 would be: "Concurrence memorandum approved on [date signed by the Territory Manager or the Area Director]."

CC may also be used with a tax return under joint investigation which has a statutory period for assessment that expired before the return was established on AIMS.

If Criminal Investigation withdraws from the joint investigation prior to the expiration of the statute, the statute controls should be updated to reflect the normal statute expiration date, or other applicable ASED alpha code, for example NN or OO, if some other exception to the normal three-year assessment statute applies.

If it is ultimately determined that there is no exception to the normal ASED, then replace the CC alpha coded ASED with the actual statute expiration date. If the ASED has in fact expired and an assessment can not be made, refer to IRM 25.6.1.13.2.8, Statute Expiration Reporting Responsibilities and Procedures for SB/SE Area Office and Campus Organizational Components Involved Directly With or Providing Support for Tax Return Examinations, (or other procedures required by your particular organizational component) for the procedures for preparing and submitting a Form 3999, Statute Expiration Report.

DD—Credit Carryback

DD designates a credit carryback situation wherein the period of time for assessing a deficiency on the carryback year return is determined, according to IRC 6501(j) and IRC 6501(k), by the statute date of the return from which the credit was carried and according to IRC 6501(i), the statute date of the return giving rise to the excess tax credit plus one year.

Credits which may be carried back are general business credits, as defined in IRC 39, foreign tax credits, as defined in IRC 904(c) and disallowed oil and gas extraction taxes, as defined in IRC 907(f) – but see discussion of foreign tax credits and disallowed oil and gas extraction taxes, below.

For general business credit carrybacks, DD may be used when the taxpayer has filed either a claim for refund (which refund has been paid to the taxpayer) or an Application for Tentative Allowance (Form 1045 and Form 1139) as a result of a credit carryback and, if the assessment statute on the carryback year(s) has not already expired, there are not "general adjustments" that will result in tax to be assessed which is greater than the tentative allowance amount (reduced by tax which may be assessed as a result of adjustments to the credit carryback) for the carryback year. While "general" adjustments in the carryback year can be made to the extent they do not result in a deficiency greater than the tentative allowance amount, care must be exercised due to the difficulty of determining the amount of tax attributable to the "general" adjustments, and whether or not the tax resulting from the "general" adjustments will exceed the tentative allowance amount (reduced by tax which may be assessed as a result of adjustments to the credit carryback). If the assessment statute on the carryback year(s) is still open, DD should NOT be used if there may be "general" adjustments to tax for the carryback year which will exceed the tentative allowance amount as that deficiency would need to be assessed based on the ASED of the carryback year without regard to the provisions of IRC 6501(j) or IRC 6501(k). "General" adjustments are tax adjustments in the carryback year unrelated to the credit carryback.

Note:

DD should not be used to alpha code the ASED for the carryback year(s) in situations where claims for refund have been filed as a result of a credit carryback and the claims have not been paid. However, the alpha code AA may be used to code the AIMS ASED if the requirements for alpha code AA have been met.

Foreign tax credits and disallowed oil and gas extraction taxes: The Form 1045 and Form 1139 cannot be used to carryback unused foreign tax credits or disallowed oil and gas extraction taxes. However, if the tax credit was carried back on an amended return and the claimed refund amount resulting therefrom had been refunded to the taxpayer, then IRC 6501(i) would allow assessment of a deficiency resulting from the tax credit carryback so long as the assessment statute is open on the tax period giving rise to the excess tax credit plus one year. Alpha code DD may be used in these circumstances to code the AIMS ASED for the carryback tax period to designate the applicability of the IRC 6501(i) statute.

Credits can be "released" as a result of loss carrybacks from a subsequent year and made available for carryback or carryover to some other year. In these situations, the ASED for assessing a deficiency for the refunded amount or the tentative allowance amount of the "released" credit that is attributable to the loss carryback is also determined under IRC 6501(j) or IRC 6501(k).

When DD is used, some examples of appropriate statements in the Remarks section of Form 895 would be:

  1. If the ASED on the carryback return has not expired and the taxpayer has filed an Application for Tentative Allowance: "The ASED for the carryback return is still open; however, the return was inspected and there are no material general adjustments which will result in a deficiency greater than the tentative allowance amount (reduced by tax which may be assessed as a result of adjustments to the credit carryback), and a deficiency can be assessed for the carryback year as a result of either or both a decrease in the credit carryback and/or general adjustments in the carryback year which will result in a deficiency not exceeding the tentative allowance amount."

  2. If the ASED on the carryback return has not expired and the taxpayer has filed a claim for refund as a result of the credit carryback and the claim has been paid: "The ASED for the carryback return is still open; however, the return was inspected and there are no material general adjustments which will result in a deficiency for the carryback year and a deficiency can be assessed for the carryback year as a result of a decrease in the credit carryback."

  3. If the ASED on the carryback return has otherwise expired and the taxpayer has filed an Application for Tentative Allowance: "The normal ASED for the carryback year has expired and under IRC 6501(j) and IRC 6501(k), a deficiency can be assessed for the carryback year as a result of either, or both, a decrease in the credit carryback and/or general adjustments in the carryback year which will result in a deficiency not exceeding the tentative allowance amount."

  4. If the ASED on the carryback return has otherwise expired and the taxpayer has filed a claim for refund as a result of the loss carryback and the claim has been paid: "The normal ASED for the carryback year has expired and under IRC 6501(j), a deficiency can be assessed for the carryback year as a result of a decrease in the credit carryback."

DD is entered in the day (DD) position of the statute date field. The month (MM) and year (YYYY) positions designate the statute date of the tax year generating the credit.

For example: a 2010 return with a statute date of 04152014 is a carryback year. The credit is carried from the 2013 year which has a statute expiration date of 04152017. The 2010 carryback year return will be updated to reflect a corrected statute date of 04DD2017. The 04DD2017 designation will drop the carryback year return from AIMS Tables 4.0 and 4.1 until the 2017 date is again within 180 days of expiration.

DD is not used for the tax return which generated the credit nor for tax years having credits carried forward. An update to the statute expiration date for the tax year which generated the excess credit will necessitate updating the DD statute designation on the carryback years. If there is a Form 872-A extending the ASED on the return generating the credit carryback, then the ASED of the carryback year would be 872-ADD.

EE—No Return Filed

EE designates no return has been filed by the taxpayer. Therefore, there is no statute expiration date.

EE is used in the AIMS ASED when a substitute for return is prepared by the IRS, either by inputting AM 424 with an appropriate push code to post an SFR TC 150 to Master File or by the IRS filing an actual IRC 6020(b) return to assess the types of taxes that can be assessed without the IRS first issuing a notice of deficiency. The month and year appearing with EE represent the normal statute expiration date if the return had been timely filed.

When a late filed return is received from a taxpayer, the examiner or specialist will replace the EE statute designation with a true statute expiration date based on the date the return was received by the Internal Revenue Service. The examiner or specialist will obtain transcripts throughout the examination, at least once a year, to check for postings (such as Transaction Code 976 or 977) indicating a return may have been filed. Hard copies of these dated transcripts are to be retained in the case file. The date and action taken for checking transcripts, as well as the results of the check, will also be documented on the case activity record. See IRM 4.4.9, Delinquent and Substitute for Return Processing, for additional information.

Note:

The taxpayer's signing and submitting of a waiver of restriction on assessment (Form 4549, Income Tax Examination Changes, Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment, etc.) does not constitute a return under IRC 6020(a) and, therefore, does not commence the running of the assessment statute of limitations, see Rev. Rul. 2005–59, 2005-37 I.R.B. 505.

FF—Reference Return

FF is used when a return is requisitioned for reference only (Source Code 45) and there is no expectation of making a tax assessment for the tax period. If the statute is still open when a reference return is secured, the true statute expiration date should be used, rather than FF, until a definite determination is made that there will be no tax change.

If a reference return is examined, replace Source Code 45 with a source code appropriate for an open examination and replace the FF statute designation with the actual statute expiration date.

GG—Non-TEFRA Flow-through

GG is used for non-taxable, non-TEFRA Form 1065, U.S. Return of Partnership Income, and Form 1120-S, U.S. Income Tax Return for an S Corporation. The statute for assessments flowing from non-taxable, non-TEFRA Form 1065 (partnership) and Form 1120-S (S corporation) returns is determined on the returns of the partners or shareholders.

Caution:

The non-TEFRA flow-through return should not be ASED alpha coded GG if there are no partners or shareholders with open assessment statutes as no tax deficiencies can be assessed against the partners or shareholders as a result of flow-through adjustments.

If there is a possibility of a tax or penalty assessment on the S corporation or a penalty assessment on the partnership or if a final determination has not been made that the partnership comes within the TEFRA provisions, code GG should not be used.

For S corporation returns, ASED alpha code GG should be used only if all the following four conditions are true:

  1. The S corporation is not liable for entity level tax (including the Built-in Gains Tax (IRC 1374), Excess Net Passive Income Tax (IRC 1375), LIFO Recapture Tax (IRC 1363(d)), recapture of prior years investment credit, or tax paid on fuels).

  2. The S corporation election is valid and has not had a terminating event (including an invalid shareholder, three years of excessive net passive income, or a revocation).

  3. There are no penalties to be assessed against the S corporation, for example, the IRC 6707A penalty for failure to disclose a "listed" transaction.

  4. All of the S corporation shareholder statutes are controlled on AIMS and protected or properly linked via the Partnership Control System (PCS).

The month and year of the alpha coded ASED is three years after the non-TEFRA partnership or S corporation return is filed or due, whichever is later.

HH—TEFRA Investor

HH is used for returns of partners in TEFRA partnerships having only TEFRA flow-through adjustments and the assessment statute is protected at the TEFRA entity level for all TEFRA entities from which an adjustment to the TEFRA investor's return is to be made. HH must not be used if there are non-TEFRA adjustments at the partner level.

HH is used by campus TEFRA units where partner returns are held pending only the outcome of TEFRA partnership examinations.

Area offices may use HH when the return of the partner only is subject to TEFRA flow-through adjustments. Area offices will not use the HH code for open partner examinations when issues other than TEFRA flow-through adjustments exist.

Note:

The only S corporation returns which may come under TEFRA are those for tax years beginning after December 31, 1982 and beginning before January 1, 1997.

II— Form 1040, U.S. Individual Income Tax Return, Other Taxes

II is used to indicate that the Form 1040 return is being examined for the non-filing or underreporting of taxes reportable in the Other Taxes section of the Form 1040, and to indicate that a determination has been made that there are no income tax issues (Tax and Credits before consideration of Other Taxes) of material tax consequence on the Form 1040 return which require examination or the assessment statute has already expired with respect to the income taxes.

Since the extended tax assessment statute resulting from the non-filing of Other Taxes only applies to the tax liability relating to the Other Tax and does not apply to the income tax ASED, a careful determination that no income tax issues are present on the return must be made before alpha coding the AIMS ASED with II, if the income tax ASED has not otherwise expired at the time the alpha coding determination is being made. If there are income tax issues of tax consequence based on inspection of the Form 1040 and the period for assessment of the income taxes has not expired, do not code the AIMS ASED with II. Action must be taken to protect the income tax assessment statute of limitations.

Also, consideration needs to be given to protecting the assessment statutes for the Other Taxes, for which an examination is warranted, rather than relying on a non-filing determination to permit assessment of the Other Taxes at any time. Care must be exercised whenever a separate return or schedule required for an Other Tax is not filed with the Form 1040 return and the Internal Revenue Service will rely on a non-filing determination to permit assessment of the Other Tax at any time. In particular, before concluding that filing of Form 1040 has no effect on the period for assessment of an Other Tax, make sure it has been determined the Other Tax is separate and distinct from the income taxes imposed by subtitle A of the IRC. See Rev. Rul. 79-39, 1979-1 C.B. 435 (FICA taxes on tip income are separate and distinct) and Rev. Rul. 82-185, 1982-2 C.B. 395 (self-employment taxes are not separate and distinct from income taxes). There is no separate ASED reflected on Master File or AIMS for these Other Taxes as Master File only reflects the ASED of the Form 1040 so the ASED for Other Taxes needs to be determined separately in instances of non-filing of Other Taxes.

Non-filing for the purposes of this AIMS alpha code means the taxpayer filed a Form 1040 return but did not attach the information specified by the form or form instructions. An example of Other Taxes required to be reported on the Form 1040 return are household employment taxes, which are required to be reported in the Other Tax section of the Form 1040, and are to be supported by the attachment to the Form 1040 of a Schedule H, Household Employment Taxes. A taxpayer’s entry of a "zero" on the Form 1040 line item prescribed for reporting household employment taxes without supplying the supporting Schedule H will not start the running of the statute of limitations for household employment taxes. For example, a taxpayer who mistakenly computes wages and, therefore, honestly believes he has no tax liability and follows the IRS guidance that the schedule does not have to be filed, has not started the period of limitations (the "first position" ). The same treatment should apply if a number (greater than zero) is entered in the Other Tax section without the supporting schedule being supplied (the "second position" ). Case law specifically addressing the Schedule H has yet to be established regarding these positions.

If the taxpayer did report a tax liability for household employment taxes (in this example) on the Form 1040, the II AIMS alpha code can be used to designate the return is being examined for household employment taxes only. Form SS-10, Consent to Extend the Time to Assess Employment Taxes, should be used to extend the assessment statute for household employment taxes, if necessary, even if AIMS is coded with the II alpha code. Again, there is presently no way to indicate the Other Tax ASED on AIMS. The month and year of the ASED on AIMS when using the II alpha code should be the month and year of the expiration of the Form 1040 ASED, whether or not there was a filing or nonfiling of the Other Tax.

In addition to the household employment taxes discussed above, the alpha code II can be used to designate the period for assessment has not expired for such Other Taxes as the Social Security and Medicare tax on tip income not reported to the employer and the excise taxes on excess contributions or accumulations in qualified retirement or other plans. For a comprehensive list of Other Taxes reported on the Form 1040 depending upon the tax period under consideration, see the instructions for the Other Tax section of the Form 1040. Again, as stated above, care must be exercised to determine the underlying tax being considered requires the filing of a" return" for taxes which are separate and distinct from the income taxes imposed by subtitle A of the IRC, and the Other Tax being considered has a period for assessment which has not already expired. For additional information, also see IRM 25.6.1.9.4.3, Forms Reporting More Than One Item of Tax. See Paschall v. Commissioner, 137 T.C. 8 (2011), in which the Tax Court held the failure to file Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, kept the assessment statute open on the excise taxes imposed on excess contributions to an individual retirement account under IRC 4973, and failure to file penalty under IRC 6651(a)(1), although the Form 1040 returns, where the excise taxes should have been reflected after calculation on Form 5329, were timely filed.

JJ—Non-taxable Fiduciary and Certain Deceased Spousal Unused Exclusion (DSUE) Returns

JJ is used for Form 1041, U.S. Income Tax Return for Estates and Trusts, fiduciary returns for which it has been determined that the fiduciary entity is not a taxable entity for the tax periods in question but is a flow-thru entity. The assessment statutes are determined on the returns of the beneficiaries receiving flow-through items from the Form 1041.

Alpha code JJ is also used during an examination of a Form 706, U.S. Estate Tax Return, or Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, when a related estate or gift tax return is being examined for purposes of determining the subject return's correct Deceased Spousal Unused Exclusion (DSUE) amount. JJ is only used for the related estate or gift tax return(s) when no otherwise viable alpha code is available.

KK—Bankruptcy Suspense

KK is used for returns of taxpayers who file petitions in Bankruptcy Court and the assessment statute is suspended pending resolution of the bankruptcy (unless the court lifts the stay earlier). Since, for bankruptcy petitions filed after October 22, 1994, the issuance of a statutory notice of deficiency is necessary in order for the bankruptcy stay to suspend the period of time for assessment, the KK alpha code should only be input by those employees managing the inventory of returns held in Bankruptcy Suspense status.

Where a bankruptcy petition was filed before October 22, 1994, the statute is suspended during the period of time the bankruptcy stay is in effect plus 60 days as the Internal Revenue Service was prohibited from making an assessment. Where a bankruptcy petition is filed on or after October 22, 1994, the statute is suspended during the period of time the bankruptcy stay is in effect if a valid statutory notice of deficiency has been issued and no waiver of restriction on assessment is received.

Where a bankruptcy petition is filed on or after October 17, 2005, in the case of an individual taxpayer, the assessment statute is suspended from running on the pre-petition tax periods once the notice of deficiency is issued and during the period of time the bankruptcy stay prescribed in 11 USC 362 is in effect. Post bankruptcy petition tax periods should not be placed in bankruptcy suspense and alpha coded KK as the assessment statute is not suspended from running by the bankruptcy stay.

In the case of corporate taxpayers, the bankruptcy stay generally applies to liabilities that arise before the confirmation of the Chapter 11 plan. Therefore, the tax period for which a statutory notice was issued, and to which the stay is in effect should be alpha coded KK and placed in bankruptcy suspense.

When the bankruptcy stay is lifted, a new statute expiration date must be determined. Then the KK alpha statute code will be replaced by the recomputed assessment statute expiration date.

LL—Third-Party Summons

LL is used when the statute of limitations on assessment (but not collection) under IRC 6501 or the statute of limitations on criminal prosecution under IRC 6531 is suspended by operation of IRC 7609(e)(1) or IRC 7609(e)(2). The suspension provisions operate as follows:

•IRC 7609(e)(1) suspends the statutes of limitations under circumstances where a third party is served with a summons that is subject to the notice requirement of IRC 7609(a), and the taxpayer (whose liability is being investigated by that summons) either intervenes in a suit to enforce the summons or files a petition to quash the summons. Under these circumstances, the taxpayer's statutes of limitations (for the tax periods which are the subject of the summons) are suspended for the period during which a proceeding, and appeals therein, are pending.

•IRC 7609(e)(2) suspends the statutes of limitations under circumstances where a recipient of a John Doe summons issued under IRC 7609(f) or where a recipient of a third-party summons that is subject to the notice requirement of IRC 7609(a) fails to comply with the summons for more than 6 months after the summons was served. Under these circumstances, the taxpayer's statutes of limitations (for the tax periods which are the subject of the summons) are suspended for the period beginning 6 months after the date the summons was served and ending on the date the summoned party finally resolves his response to the summons.

IRC 7609(e)(1) and IRC 7609(e)(2) should generally be relied upon to extend the period for assessment only in those instances when the ASED has otherwise expired. The ASED may be coded LL when it has been determined that IRC 7609(e)(1) or IRC 7609(e)(2) is applicable and the normal three-year assessment statute applicable to the return may be allowed to expire if: (1) a consent to extend the assessment statute for the return can not be obtained after timely and proper solicitation, (2) the case file is documented with adequate justification for letting the assessment statute applicable to the return expire in reliance on IRC 7609(e)(1) or IRC 7609(e)(2) and (3) written Territory Manager approval is obtained in advance of the normal three-year assessment statute expiration date.

Note:

When the suspension of the assessment statute has ended, a new calendar date ASED must be determined and entered on AIMS and Master File. It is extremely important to thoroughly document the case file as to how the assessment statute suspension period was determined both as to how the beginning date and the ending date were determined and the case file must set forth the calculation of the new ASED resulting from the suspension. It is very important to act and to reflect the fact in the case file that the Internal Revenue Service acted in a reasonable fashion in taking action to resolve an unresolved summons situation and made a factually correct determination when determining the date the response to the summons was finally resolved if the suspension of the assessment statute is pursuant to IRC 7609(e)(2). For suspensions of the assessment statute pursuant to IRC 7609(e)(1), the date that the period for judicial appeals ended must be accurately determined and documented in the case file.

MM— IRC Section 183(e)(4): Activity Not Engaged in for Profit

MM is used when a taxpayer makes the election under IRC 183(e) by filing Form 5213, Election to Postpone Determination as to Whether the Presumption Applies That an Activity is Engaged in for Profit, to postpone a determination as to whether the profit motive presumption applies to an activity until the close of the 5th year (or 7th year in certain circumstances) in which the taxpayer engages in the activity. This election extends the statute of limitations on assessment for all years in this 5-year or 7-year presumption period until two years after the due date (determined without extensions) for filing the return for the last taxable year in the presumption period.

The month and year accompanying the MM alpha code will be the date determined under IRC 183(e)(4). For example: if the due date for the final year involved in a IRC 183 determination is April 15, 2015, the alpha code designation for the tax years held open by the IRC 183(e) election would be 04MM2017.

NN— IRC 6501(e): Substantial Omission of Items

NN is used to indicate that the Internal Revenue Service is relying on a substantial omission of items meeting the requirements of either IRC 6501(e)(1), IRC 6501(e)(2) or IRC 6501(e)(3), which pertain to income taxes, estate and gift taxes and excise taxes, respectively, as the exception to the normal three-year period of time for assessment of tax. The tax may be assessed within 6 years after the date the original return was filed or due, whichever is later, if the taxpayer omits:

  • More than 25% of the gross income reported on the original income tax return-see IRM 25.1.4.3.6.1, IRC 6501(e), 6-Year Statute, for items included in the computation of gross income.

  • More than $5,000 in income attributable to foreign financial assets to include those tax periods upon which the period of time for assessment was open on March 18, 2010, the date of enactment of the Hiring Incentives to Restore Employment Act (HIRE), or for returns filed after that date. See IRC 6038D, IRC 1471and IRC 1473 for definitions pertaining to foreign financial assets. See Exhibit 25.6.23-5 for examples.

  • More than 25% of tax on original Form 720, Quarterly Federal Excise Tax Return.

  • Includable items in excess of 25% of the gross estate reported on original Form 706

  • Gifts in excess of 25% of the total gifts reported on original Form 709

The burden of proving omission of items is on the government. The ultimate test is did the taxpayer adequately apprise the Internal Revenue Service of the nature and amount of the item by disclosing it in the return or in a statement attached to the return. Therefore, as a general rule, the Internal Revenue Service relies on IRC 6501(e) to keep the statute open only in situations where the normal three-year statute has otherwise expired.

The ASED may be coded NN when it has been decided that reliance on IRC 6501(e) is warranted and the normal three-year assessment statute applicable to the return may be allowed to expire if:

  1. A consent to extend the assessment statute for the return can not be obtained after timely and proper solicitation.

  2. The case file is documented with adequate justification for allowing the assessment statute applicable to the return expire in reliance on IRC 6501(e).

  3. Written Territory Manager approval is obtained in advance of the normal three-year assessment statute expiration date.

The six-year statute, provided for in IRC 6501(e), may apply when a joint investigation case is returned to Examination for assessment of tax after the three-year statute has been allowed to expire.

The 6-year limitations period applies to assess deficiencies and additional taxes with respect to the taxpayer's entire return, Colestock v Commissioner, 102 TC 380 (1994).

The assessment period will be extended even if the taxpayer files an amended return, after the return due date, which includes part of the income omitted from original return so that omission on the amended return was not over 25 percent, See Goldring v Commissioner, 20 TC 79 (1953); Houston v Commissioner, 38 TC 486 (1962) (applying the 5 year statute extension that was in effect at the time).

Once it has been determined that IRC 6501(e) applies, the ASED should be updated to the applicable six-year statute date. While the NN alpha code is being used in the ASED, the year (YYYY) accompanying the NN alpha code will be that of the six-year expiration date.

OO— IRC 6501(c)(1): False or Fraudulent Return (taxpayer not under joint investigation)

OO is used when the Internal Revenue Service is relying on the provisions of IRC 6501(c)(1), relating to the filing of a false or fraudulent return with the intent to evade tax, to keep the statute open. If fraud is proven, there is no limit on the period of time for assessment. Also, the taxpayer can not undo the fraudulent return by filing a non-fraudulent amended return, Badaracco v. Commissioner, 464 U.S. 386 (1984). So, if the original return is fraudulent, an increase in the tax liability can be assessed at any time. The Internal Revenue Service has the burden of proof with respect to fraud.

If the return is under joint investigation, CC should be used rather than OO. The OO alpha code may be used when the government pursues civil fraud and the statute for the entire return is not kept open by any other provision of the law.

As a general rule, the Internal Revenue Service relies on IRC 6501(c)(1) to keep the statute open only in situations where the normal three-year statute has otherwise expired.

The ASED may be coded OO when it has been determined that IRC 6501(c)(1) is applicable and the normal three-year assessment statute applicable to the return may be allowed to expire if:

  1. A consent to extend the assessment statute for the return can not be obtained after timely and proper solicitation.

  2. The case file is documented with adequate justification for allowing the assessment statute applicable to the return expire in reliance on IRC 6501(c)(1).

  3. Written Territory Manager approval is obtained in advance of the normal three-year assessment statute expiration date.

ASED alpha code OO can also be used when the Internal Revenue Service is relying on the fraudulent acts and intent to evade tax on the part of the return preparer to keep the assessment statute open on the returns of the preparer's clients, see Allen v. Commissioner, 128 T.C. 37 (2007).

The month (MM) and year (YYYY) entries accompanying the OO alpha code are the month and year the statute would expire if the return was not false or fraudulent.

When a case is closed agreed from the group to Centralized Case Processing for assessment where IRC6501(c)(1) has been relied upon to extend the assessment statute for a particular tax period, flag the case file with a Form 3198, Special Handling Notice for Examination Case Processing, and enter in the statute information section, proximate to the applicable tax period, the AIMS ASED as month/OO/year, (format: mm/OO/yyyy). In the Special Features, Other Instructions section enter: "IRC 6501(c)(1), assessment can be made at any time" . If the case is closed as unagreed for issuance of a statutory notice of deficiency or for routing to Appeals, then the OO alpha code should be reflected in the ASED field.

PP—Non-taxable TE/GE Return

PP is used for non-taxable returns under examination in TE/GE. Tax returns in EP and EO are initially controlled using actual statute expiration dates. The PP code may be used when it is determined with certainty the non-taxable return will not be converted to a taxable return.

The month (MM) and year (YYYY) accompanying the PP alpha code will be the date of statute expiration as if it were a taxable return.

QQ—Docketed Case

QQ is used by Appeals and Counsel for cases docketed for trial in the United States Tax Court and by Technical Services for docketed cases which Appeals/Counsel has asked Technical Services to temporarily hold in inventory rather than transferring to Appeals.

RR—IRCs that Override IRC 6501(a)
Examples of IRCs overriding IRC 6501(a), normal three-year period for assessment, under certain circumstances–not otherwise covered by a separately designated ASED alpha code.

Code Section Description
IRC 45H Credit for production of low sulfur diesel fuel
IRC 118 Contributions to the capital of a corporation
IRC 302 Distributions in redemption of stock
IRC 303 Distributions in redemption of stock to pay death taxes
IRC 354 Exchanges of stock and securities in certain reorganizations
IRC 355 Distribution of stock and securities of a controlled corporation
IRC 409 Qualifications for tax credit employee stock ownership plans
IRC 451 General rule for taxable year of inclusion
IRC 547 Personal holding companies-Deduction for deficiency dividends
IRC 617 Deduction and recapture of certain mining exploration expenditures
IRC 815 Distributions to shareholders from pre-1984 policyholders surplus account
IRC 860 Provisions which apply to both regulated investment companies and real estate investment trusts-Deduction for deficiency dividends
IRC 905 Foreign tax credits–Applicable rules
IRC 982 Admissibility of documentation maintained in foreign countries
IRC 1033 Involuntary conversions
IRC 1042 Sales of stock to employee stock ownership plans or certain cooperatives
IRC 1233 Gains and losses from short sales
IRC 1359 Election to determine corporate tax on certain international shipping activities using per ton rate-Disposition of qualifying vessels
IRC 2016 Estates of citizens or residents-Recovery of taxes claimed as credit
IRC 2032A Estates of citizens or residents-Valuation of certain farm, etc., real property
IRC 3121 Employment taxes and collection of income tax-Definitions
IRC 4979A Miscellaneous excise taxes-Tax on certain prohibited allocations of qualified securities
IRC 6038A Information with respect to certain foreign-owned corporations
IRC 6234 Declaratory judgment relating to treatment of items other than partnership items with respect to an oversheltered return
IRC 6255 Treatment of electing large partnerships-Definitions and special rules
IRC 6501 Limitations on assessment and collection (if not otherwise covered by a separate ASED alpha code)
IRC 6503 Suspension of running of period of limitation (if not otherwise covered by a separate ASED alpha code)
IRC 6861 Jeopardy assessments of income, estate, gift, and certain excise taxes
IRC 6872 Receiverships-Suspension of period on assessment
IRC 6901 Transferees and fiduciaries-Transferred assets
IRC 7507 Exemption of insolvent banks from tax
IRC 7508 Service in combat zone or contingency operation
IRC 7508A Presidentially declared disaster or terrorist or military action (suspension of assessment of tax must be specially stated in an IRS announcement/notice in order to suspend the period for assessment)
IRC 7611 Restrictions on church tax inquiries and examinations
IRC 7811 Taxpayer assistance orders
IRC 7874 Rules relating to expatriated entities and their foreign parents

RR is used when another code section overrides IRC 6501(a) and the special statute condition is not otherwise designated by another ASED alpha code. If RR is used, the Form 895 must reflect which particular IRC section applies and why.

An example of an IRC section which overrides IRC 6501(a) is IRC 1033(a)(2)(C) under which a taxpayer whose property is involuntarily converted may elect to recognize only the gain that exceeds the cost of the replacement property acquired within a limited period of time. The RR code indicates that the statutory period for assessment is extended due to the IRC 1033 election. In this example, RR may be used as long as the taxpayer has not notified the Internal Revenue Service, in the manner prescribed in the relevant regulations, regarding replacement of the property. After the taxpayer notifies the Internal Revenue Service that the converted property has been replaced or will not be replaced, a new statute expiration date will be determined, taking into account the suspension of the statute under IRC 1033, and the RR code will be replaced with the calendar date ASED.

In the above example, the statute for assessment is kept open only for tax attributable to gain on the involuntary conversion so a determination must be made that the involuntary conversion is the only issue of tax consequence before the extended assessment statute of IRC 1033 is relied upon to allow the ASED for the entire return to expire and the ASED is alpha coded RR.

RR may be used when a telephone excise tax refund (TETR) is claimed on a 2006 income tax return after the period for assessment of the income taxes is within 180 days or has expired and if the telephone excise tax refund is the only issue on the return. Due to the manner in which the TETR was addressed administratively, the TETR statute for the 2006 return is a six-year statute and will expire on July 26, 2012. The notation on the Form 895 should be, "TETR is only issue, six-year statute on claim for refund" .

The month (MM) and year (YYYY) entries accompanying the RR alpha code are the month and year the statute would expire if there was no involuntary conversion to consider in determining the ASED, in this example.

SS—Financial Disability

SS is used when a claim is received after the normal statute of limitations for filing a claim for credit or refund of tax has expired and the person signing the claim for credit or refund indicates that the taxpayer, an individual, is claiming financial disability. IRC 6511(h), which was added by the IRS Restructuring and Reform Act of 1998, suspends the statute of limitations period for filing a claim for credit or refund in certain situations. See Rev. Proc. 99–21, 1999-1 C.B. 960, for specifics on the proper application of this provision.

For example, an individual taxpayer timely filed his or her 2012 tax return. For the entire year of 2015 the taxpayer experienced a financial disability, as defined in IRC 6511(h). In December of 2016 the taxpayer filed a claim for refund of taxes paid for 2012. The normal statute of limitations for credit or refund would have expired 04/15/2016. However, due to the taxpayer's financial disability, running of the statute of limitations period for filing a claim for credit or refund is suspended for the period when the taxpayer was financially disabled (in this example, one year)—provided the procedures in Rev. Proc. 99–21 are followed. The ASED would be entered as 04SS2016, the date the ASED expires, to denote the claim filed based on IRC 6511(h).

Note:

Do not use AA for claims filed under the provisions of IRC 6511(h). Also, keep in mind this provision does not extend the ASED but would extend the Refund Statute Expiration Date (RSED).

TT—Mitigation

Under IRC 1311, the Internal Revenue Service is allowed to correct the effect of an erroneous treatment of an item in a taxable year which is closed by the statute of limitations under certain specific circumstances. These mitigation provisions apply only in seven specific circumstances (see description in IRC 1312 and Treas. Reg. 1.1312-1 through 1.1312-8). In general, the mitigation provisions are intended to offset the benefit a party might otherwise obtain by maintaining a position in an open tax year that is inconsistent with the treatment of the same item in a closed year (e.g., a taxpayer receives a double deduction.) Until a determination (as defined in IRC 1313) is made, TT should be used to identify the otherwise statute-barred year as a year coming within the mitigation provisions of IRC 1311–1314. The month (MM) and year (YYYY) entries accompanying the TT alpha code are the month and year the normal three-year statute expires. Once the determination is made, the ASED must be updated to the new one-year statute expiration date, which is one year from the determination date – IRC 1314(b).

UU—Failure to Notify Secretary of Foreign Transfers

UU is used to indicate that, as per IRC 6501(c)(8), the period for assessment of tax with respect to any tax return, event, or tax period to which information (required to be reported under IRC 1295, IRC 1298(f), IRC 6038, IRC 6038A, IRC 6038B, IRC 6038D, IRC 6046, IRC 6046A or IRC 6048) relates will in general, not expire before a date which is three years after such information is furnished. However, if failure to furnish the required information is due to reasonable cause (as opposed to willful neglect), then the extension of the assessment statute to three years after the information has been furnished applies only to the item or items related to such failure, rather than to the entire return, event, or period. Other exceptions to the normal statutory period for assessment of tax may also apply to the tax return in question.

The information to be furnished relates to a transaction, event, or period, of the type required to be reported by the above code sections, and regulations thereunder, on the currently prescribed forms (listed below) or as encompassed in applicable future form revisions and form number re-designations and is generally applicable to information the reporting of which is due after August 5, 1997 and under the Hiring Incentives to Restore Employment (HIRE) Act enacted on March 18, 2010. Prior to amendment in 1997, the IRC 6501(c)(8) exception only applied to information required to be provided under IRC 6038B with respect to IRC 367 exchanges and distributions.

Reporting forms by IRC section include:

  • IRC 1295, Qualifying Electing Fund Elections by Passive Foreign Investment Companies (PFICs)-Form 8621, Return by a Shareholder of a Passive Foreign Investment Co. or Qualified Electing Fund

  • IRC 1298(f), Information with Respect to PFICs, as amended by the HIRE Act-Form 8621, Return by a Shareholder of a Passive Foreign Investment Co. or Qualified Electing Fund

  • IRC 6038, Information Reporting with Respect to Certain Foreign Corporations and Partnerships-Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations; Form 8858, Information Return of U.S. Persons With Respect to Foreign Disregarded Entities (if attached to a Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations, or Form 8865, Return of U.S. Persons with Respect to Certain Foreign Partnerships); and Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships

  • IRC 6038A, Information with Respect to Certain Foreign-Owned Corporations-Form 5472, Information Return of a 25% Foreign Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business

  • IRC 6038B, Notice of Certain Transfers to Foreign Persons-Form 926, Return by a U. S. Transferor of Property to a Foreign Corporation, Form 8865 (Schedule O) Transfer of Property to a Foreign Partnership (under section 6038B), and Form 8838, Consent to Extend the Time to Assess Tax Under 367–Gain Recognition Agreement

    Note:

    Unlike the other listed forms, Form 8838 is not a return; however, part of the form requires disclosure of the details of the transfer, and therefore, is a form that reports information required by IRC 6038B.

  • IRC 6038D-Information with Respect to Foreign Financial Assets, enacted on March 18, 2010-Form 8938, Statement of Foreign Financial Assets (see Notice 2011-55, 2011–29 IRB 53, with respect to the delay in publishing the Form 8938 and how and when the taxpayer is to report the required information as a result of the delay)

  • IRC 6046, Returns as to Organization or Reorganization of Foreign Corporations and as to Acquisitions of Their Stock-Form 5471

  • IRC 6046A, Returns as to Interests in Foreign Partnerships-Form 8865, (Schedule P), Acquisitions, Dispositions and Changes of Interests in a Foreign Partnership

  • Section 6048, Information with Respect to Certain Foreign Trusts-Form 3520, Annual Return to Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts and Form 3520-A, Annual Return of Foreign Trust With a U.S. Owner

Under IRC 6501(c)(8), as amended by the HIRE Act, the failure by the taxpayer to report the information required by new IRC 6038D will serve to extend the period of time for assessment to three years after the date the taxpayer provides the required information. The amendment to IRC 6501(c)(8), which is based upon the reporting requirements under IRC 6038D, is applicable to tax years beginning after March 18, 2010.

The HIRE Act amended IRC 6501(c)(8) to clarify that this statutory exception to the period of time for assessment, if applicable, applies to the entire return, not just those tax liabilities associated with the information not reported. If, however, the failure to furnish information required to be reported is due to reasonable cause and not willful neglect, the IRC 6501(c)(8) extended time for assessment applies only to the item or items associated with such failure. The clarifying amendment is not limited to information required to be reported under new IRC 6038D as IRC 6501(c)(8) also applies to information required to be reported by IRC 1295(b), IRC 1298(f), IRC 6038, IRC 6038A, IRC 6038B, IRC 6046, IRC 6046A and IRC 6048. The clarification applies to all returns as long as the period of time (determined without regard to the IRC 6501(c)(8) amendments referenced above) for assessment of taxes had not expired as of March 18, 2010. See IRM Exhibit 25.6.23-6 for example.

The ASED may be coded UU when it has been determined that IRC 6501(c)(8) is applicable and the normal three-year assessment statute applicable to the entire return may be allowed to expire if: (1) a consent to extend the assessment statute for the entire return can not be obtained after timely and proper solicitation, (2) the case file is documented with adequate justification for letting the assessment statute applicable to the entire return expire in reliance on IRC 6501(c)(8) and (3) written Territory Manager approval is obtained in advance of the normal three-year assessment statute expiration date.

Once the required information is furnished so that the ASED can be determined and either the ASED on the entire return has otherwise expired or the Territory Manager has approved reliance on IRC 6501(c)(8) in advance of the expiration of the statute on the entire return in accordance with the above procedures, update the ASED to the date determined under IRC 6501(c)(8) and enter an "R" indicator, which indicates, in this instance, the restrictions applicable to the IRC 6501(c)(8) exception. The ASED determined under IRC 6501(c)(8) is three years after the date the required information is furnished.

The ASED determined under IRC 6501(c)(8) can be extended by consent agreement but the examiner needs to bear in mind that consent agreements to extend the IRC 6501(c)(8) ASED only apply to the period for assessing the tax liability related to the transaction/event for which information was required to be furnished if failure to furnish the required information is due to reasonable cause.

VV—Gifts Not Adequately Disclosed on Return

VV is used to indicate that the period for assessment of the tax imposed by chapter 12 on gifts not adequately disclosed on the return (or in a statement attached to the return) may be assessed at any time. This exception to the normal three-year period for assessment is provided for in IRC 6501(c)(9), which was originally added to the Code by P.L. 101-508, effective for gifts made after October 8, 1990.

Generally, IRC 6501(c)(9) should only be relied upon to extend the assessment statute if the normal three-year assessment period has otherwise expired, since this exception to the normal three-year period for assessment only applies to the ASED for assessing tax with respect to the inadequately disclosed gifts and not the ASED for the entire return.

In general, IRC 6501(a) requires the IRS to assess a gift tax liability within three years after the filing date (or due date, if later) of the gift tax return. However, IRC 6501(c)(9) provides that if a gift is not shown on a gift tax return in a manner adequate to apprise the Secretary of the nature of the gift, then gift tax may be assessed at any time with respect to that gift. IRM 4.25.1, Estate and Gift Tax Examinations.

A gift may be inadequately disclosed if it is:

  1. Omitted completely from the return or

  2. Shown on the return, but the manner in which it is shown is not adequate to apprise the Secretary of the nature of the gift.

If an examiner determines that a gift is inadequately disclosed on a gift tax return and the three year statute of limitations has not expired on the return on which the gift should be shown, the examiner must secure a consent to extend the statute of limitations on the entire return in order to protect the government’s interest.

If the examiner is unable to secure a consent, the examiner may allow the three-year statute to expire on that gift tax return and rely on IRC 6501(c)(9) after the examiner takes the following actions:

  1. In cases in which a gift is omitted from a gift tax return:
    •Document the case file with adequate justification for permitting the assessment statute applicable to the entire return expire in reliance on IRC 6501(c)(9)and
    •Obtain written approval from the Manager in advance of the normal three-year assessment statute expiration date.

  2. In cases in which a gift is disclosed on a gift tax return:
    •Document the case file with adequate justification for allowing the assessment statute applicable to the entire return expire in reliance on IRC 6501(c)(9)and
    •Obtain written approval from the Territory Manager in advance of the normal three-year assessment statute expiration date.

For gifts made after October 8, 1990, and before January 1, 1997, the following Code provision is applicable: IRC 6501(c)(9)-"Gift tax on certain gifts not shown on return. If any gift of property the value of which is determined under IRC 2701 or IRC 2702 (or any increase in taxable gifts required under IRC 2701(d)) is required to be shown on a return of tax imposed by chapter 12 (without regard to IRC 2503(b)), and is not shown on such return, any tax imposed by chapter 12 on such gift may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. The preceding sentence shall not apply to any item not shown as a gift on such return if such item is disclosed in such return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item."

For gifts made after December 31, 1996, the following Code provision is applicable: IRC 6501(c)(9)-"Gift tax on certain gifts not shown on return. If any gift of property the value of which (or any increase in taxable gifts required under IRC 2701(d)) which is required to be shown on a return of tax imposed by chapter 12 (without regard to IRC 2503(b), and is not shown on such return, any tax imposed by chapter 12 on such gift may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. The preceding sentence shall not apply to any item which is disclosed in such return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item."

In deciding whether or not a gift was adequately shown/disclosed on the return, see Treas. Reg. 301.6501(c)-1(e) and Treas. Reg. 301.6501(c)-1(f).

WW—Failure to Provide Information with Respect to "Listed Transactions" (does not apply to taxable years with respect to which the period for assessing a deficiency expired before October 22, 2004, the date of enactment of American Jobs Creation Act (AJCA)

WW is used to indicate that, per IRC 6501(c)(10), the period for assessment of tax with respect to a "listed transaction" that the taxpayer failed to disclose as required under IRC 6011 will not expire before one year after the earlier of either the date the taxpayer discloses the transaction in accordance with prescribed procedures (see Rev. Proc. 2005-26, 2005-17 I.R.B. 965 (April 25, 2005), or subsequently published guidance) or the date a "material advisor" meets the requirements of IRC 6112 with respect to a request by the Secretary under IRC 6112 relating to the transaction.

If neither the taxpayer nor the "material advisor" disclose the required information, the period of time for assessment of any tax with respect to the "listed transaction" is unlimited. Other exceptions to the normal statutory period for assessment of tax may also apply to the tax return in question and, of course, IRC 6501(c)(10) does not shorten any other applicable period for assessment, such as the general three-year period prescribed by IRC 6501(a).

The American Jobs Creation Act of 2004 (AJCA), Public Law 108-357, amended IRC 6501(c) by adding a new exception, IRC 6501(c)(10) to the normal three-year period for tax assessment in those instances when the taxpayer does not provide information with respect to a "listed transaction" as required under IRC 6011. IRC 6707A(c)(2), which was added by the AJCA, defines a "listed transaction" as a transaction that is the same as, or substantially similar to, a transaction specifically identified by the Secretary as a tax avoidance transaction. Treas. Reg. 1.6011-4(b)(2) also defines "listed transactions."

Note:

Because IRC 6501(c)(10) only applies if the taxpayer first fails to disclose the "listed transaction" as required under IRC 6011, IRC 6501(c)(10) would not apply if IRC 6011, and the regulations thereunder, do not require the taxpayer to disclose the "listed transaction." Therefore, it is important to consider the various effective dates of the applicable regulations under IRC 6011 and the type of taxpayer involved, in deciding the date by which the taxpayer is required to disclose the transaction.

Unlike some of the other exceptions contained in IRC 6501(c), this exception only applies to the tax liability related to the "listed transaction" and not to the ASED for the entire return; therefore, IRC 6501(c)(10) should generally be relied upon to extend the period for assessment only in those instances when the ASED for the entire return has otherwise expired.

The ASED may be coded WW when it has been determined that IRC 6501(c)(10) is applicable and the normal three-year assessment statute applicable to the entire return may be allowed to expire if: (1) a consent to extend the assessment statute for the entire return can not be obtained after timely and proper solicitation, (2) the case file is documented with adequate justification for letting the assessment statute applicable to the entire return expire in reliance on IRC 6501(c)(10) and (3) written Territory Manager approval is obtained in advance of the normal three-year assessment statute expiration date.

In order to determine if the one-year period under IRC 6501(c)(10) has started to run, the examiner should consult Rev. Proc. 2005-26, or subsequently published guidance, to determine if the taxpayer or "material advisor" has complied with the requirements contained in the applicable published guidance.

The IRC 6011 regulations and section 4 of the revenue procedure require disclosure also be provided by the taxpayer to the Office of Tax Shelter Analysis (OTSA), even when the taxpayer provided the required information with the return filing. The one year limitations period on assessment under IRC 6501(c)(10) will not begin until the original disclosure is received by the appropriate Service Center and a copy of the disclosure is received by OTSA. A process has been established to determine whether or not, and the date, this requirement to provide OTSA with the disclosure has been met. Contact OTSA by telephone at (801) 620-5121 or by fax at (801) 620-5122 to ascertain whether the taxpayer filed the required disclosure with OTSA.

If the requirements of Rev. Proc. 2005-26 have not been satisfied by the taxpayer or the "material advisor," update the ASED for the tax period using alpha code WW in the "day day" position of the AIMS ASED field.

Caution:

Since one examiner may be examining the taxpayer’s return(s) and a different examiner may be examining the "material advisor," coordination is required between the relevant employees to determine the ASED for the tax period(s) being considered.

Once the required information is furnished so that the ASED can be determined and either the ASED on the entire return has otherwise expired or the Territory Manager has approved reliance on IRC 6501(c)(10) in advance of the expiration of the statute on the entire return in accordance with the above procedures, update the ASED to the date determined under IRC 6501(c)(10) and enter an "R" indicator, which indicates, in this instance, the restrictions applicable to the IRC 6501(c)(10) exception. The ASED is one year after the earlier of the date the taxpayer discloses the transaction, as discussed in the above-referenced revenue procedure, or the date that a "material advisor" meets the requirements of IRC 6112 with respect to a request by the Secretary under IRC 6112 relating to the transaction.

The ASED determined under IRC 6501(c)(10) can be extended by consent agreement but the examiner needs to bear in mind that consent agreements to extend the IRC 6501(c)(10) ASED only apply to the period for assessing the tax liability related to the "listed transaction." See Notice 2009-59 for identifying listed transactions.

Note:

If a transaction is "listed" after the taxpayer filed the taxpayer's return (or an amended return) for a taxable year during which the taxpayer participated in the transaction, then IRC 6501(c)(10) may apply if the period for assessment is still open both: (a) on the date the transaction is "listed" and (b) on the date IRC 6011 (including regulatory and other forms of guidance issued pursuant to that section’s authority) requires the taxpayer to disclose the transaction. Therefore, if the transaction is not "listed" before the ASED expires or the taxpayer is not required to disclose before the ASED expires for the taxable year(s) under consideration, then IRC 6501(c)(10) would not apply to the tax liability attributable to the transaction for those taxable years.
Currently (need to check applicability of the requirement at the time examiner is considering the issue), the regulations under IRC 6011 require a taxpayer to disclose these subsequently-listed transactions by submitting a completed Form 8886, Reportable Transaction Disclosure Statement, to the Office of Tax Shelter Analysis within 90 calendar days after the date on which the transaction became a listed transaction. The Commissioner also may determine the time for disclosure of listed transactions in the published guidance identifying the transaction. See Treas. Reg. 1.6011-4(e)(2)(i). Therefore, because IRC 6501(c)(10) is triggered by a taxpayer's failure to disclose a listed transaction, if the 90 calendar day period for filing the disclosure statement ends after the general period of limitations expires with regard to a year where the taxpayer participated in the listed transaction, then IRC 6501(c)(10) would not apply because the taxpayer would not have failed to disclose the transaction within the normal period of limitations and IRC 6501(c)(10) cannot reopen an already closed period of limitations.

XX—Return Preparer, Promoter, Aiding/Abetting Penalties and Certain Penalties for Failure to Report Foreign Transaction/Ownership Information (Only Used For ERCS Controls, not an AIMS entry)

XX is used on ERCS to designate that a return preparer penalty under IRC 6694(b) may be assessed at any time. However, return preparer penalty controls for penalties under IRC 6694(a) and IRC 6695 are to reflect a date three years after either the due date of the return (without regard to an extension of time to file) or the date the return was filed, whichever is later. If the penalty case is open for the sole purpose of addressing a claim for refund of a penalty assessed under IRC 6694(a) or IRC 6695 that has already been paid, and the normal three year assessment date has expired, then alpha code AA should be used. XX can be used to designate that a return preparer penalty under IRC 6713 for preparer's unauthorized disclosure or use of taxpayer information may be assessed at any time.

XX can also be used to designate that penalties under IRC 6700 and IRC 6701 for promoting abusive tax shelters and aiding and abetting understatement of the tax liability, respectively, may be assessed at any time See IRM 20.1.6, Penalty Handbook-Preparer, Promoter, Material Advisor Penalties, to designate that the penalties under IRC 6038(b), IRC 6038A(d), IRC 6038B(c), IRC 6038C(c), IRC 6038D, IRC 6039E, IRC 6039F(c)(1)(B), and IRC 6039G for failure to report certain foreign-related transaction/ownership information may be assessed at any time if the applicable information is not reported. See IRM 20.1.9, International Penalties.

YY—Participation in Abusive Offshore Arrangements—Returns generally controlled under Project Codes 0020, Brokerage Initiative; 0127, Offshore Credit Card; 0160, Offshore Transactions; 0237, Foreign Trusts; 0671, Offshore Compliance Project, as well as returns controlled under any projects pertaining to abusive offshore arrangements subsequently approved by headquarters (see http://mysbse.web.irs.gov/AboutSBSE/Exam/at/ExamAids/19339.aspx for currently approved Offshore Projects)

Note:

Since there is currently a limitation on AIMS of only one project code, YY may be used to alpha code the ASED as long as the return meets one of the offshore project code definitions, even if AIMS properly reflects some other approved project code rather than an approved offshore project code. If the return is not project coded on AIMS, the return should be project coded with the appropriate offshore project code either before or simultaneously with the input of ASED alpha code YY.

YY is used when the decision is made to allow the normal statute of limitations to expire on the offshore project returns involving participation in abusive offshore arrangements, (e.g., Offshore Credit Card Project (OCCP), Offshore Voluntary Compliance Initiative, Broker Initiative, or participants identified pursuant to a promoter investigation which involves tax avoidance/evasion tactics based on offshore arrangements) and the decision to allow the normal assessment statute to expire has been timely and properly documented, including approval by the Territory Manager. The documentation requirement to support the determination that special conditions exist will be satisfied by including a statement such as, "as a part of the OCCP (or Broker Initiative, or promoter investigation involving tax avoidance/evasion tactics based on offshore arrangements), it has been determined that there is a likelihood in this case that one or a combination of the following conditions exists: (1) the tax return is false/fraudulent; (2) a sufficiently large omission of gross income to rely on the 6-year assessment statute; or, (3) failure to notify the Secretary of foreign transfers (IRC 6501(c)(8))."

Generally, the YY ASED alpha code should only be used for tax returns filed by participants in abusive offshore arrangements where it has yet to be determined whether or not a specific statutory exception to the normal 3-year period of time for assessment of tax applies.

YY may also be used to alpha code the AIMS ASED when the normal 3-year period of time for assessment of tax has already expired before commencement of the examination of a return for a tax period which involves abusive offshore arrangements and it has yet to be determined whether or not a specific statutory exception to the normal 3-year period of time for assessment of tax applies.

If it is determined that some exception to the normal period for assessment applies, update the ASED to the applicable alpha code, for example, NN for IRC 6501(e), or OO for IRC 6501(c)(1) or UU for the IRC 6501(c)(8) exception.

The month (MM) and year (YYYY) entries accompanying the YY alpha code are the month and year the normal three-year statute expires.

If it is ultimately determined that there is no exception to the normal ASED, then replace the YY alpha coded ASED with the actual statute expiration date. If the ASED has in fact expired and an assessment can not be made, refer to IRM 25.6.1.13, Barred Assessments/Barred Statute Cases, (or other procedures required by your particular organizational component) for the procedures for preparing and submitting a Form 3999, Statute Expiration Report, or other form prescribed by your organization.

ZZ—Transfer of AIMS Database


Used to update the AIMS ASED temporarily to allow the transfer of the AIMS data base. The terminal will not accept a transfer (Disposal Code 30) if the statute of limitations has expired or will expire within the times prescribed in IRM 4.4.33.2, Transfer Restrictions, unless certain other conditions specified in IRM 4.4.33.2 are met.

Approval must be received from the receiving (gaining) unit before ZZ can be input. The receiving unit must change the AIMS ASED, which has been alpha coded ZZ, to the correct ASED upon receipt of the AIMS data base. See IRM 4.4.33.2, Transfer Restrictions.

Exhibit 25.6.23-4 
Tables 4.0 and 4.1, Returns With Statute Date Pending

  1. Data in AIMS Table 4.0 and AIMS Table 4.1.

    Column Number Description
    Column (1): Name of Taxpayer
    Column (2): Taxpayer Identification Number and Filing Status
    Column (3): Master File Tax Code
    Column (4): Tax Period
    Column (5): Name Control/ Check Digit
    Column (6): Activity Code
    Column (7): Organization Code
    Column (8): Statute Expiration Date
    Column (9): Source Code/ Project Code/ Partnership Investor Control File (PICF) Code/ Organization Code Change/ Repeat Indicator
    Column (10): Status Code (Table 4.1) and Date
    Column (11): Comments
  2. Data in Table SC 4.0.

    Column Number Description
    Column (1): Name of Taxpayer
    Column (2): Taxpayer Identification Number and Filing Status
    Column (3): Master File Tax Code
    Column (4): Tax Period
    Column (5): Name Control/ Check Digit
    Column (6): Activity Code
    Column (7): Status Date
    Column (8): Statute Expiration Date
    Column (9): Source Code/ Project Code/ PICF Code/ Repeat
    Column (10): Comments

Exhibit 25.6.23-5 
IRC 6501(e)(1)(A)(ii) Examples – More Than $5,000.00 Omission of Income Attributable to Foreign Financial Assets

IRC 6501, Limitations on Assessment and Collection, was amended by the Hiring Incentives to Restore Employment Act, Public Law No. 111-147, on March 18, 2010, (IRC 6501(c) and (e) ) and further amended by the Education Jobs and Medicaid Assistance Act, Public Law No. 111-226, on August 10, 2010, (IRC 6501(c)).

In each example below, assume that the taxpayer failed to report taxable interest income in the amount of $6,000 earned on a bank account maintained at a foreign financial institution:
Example 1: Taxpayer filed his 2006 federal income tax return on or before April 15, 2007. Since the three-year statute of limitations on assessment had not expired on March 18, 2010, the six-year statute of limitations under IRC 6501(e) will not expire before April 15, 2013.
Example 2: Taxpayer timely filed his 2005 federal income tax return on or before April 15, 2006. Unless the statute of limitations remains open on March 18, 2010, under some other exception to the three-year statute of limitations on assessment, IRC 6501(e)(1)(A)(ii) does not apply since the statute of limitations will have expired prior to March 18, 2010.
Example 3: Taxpayer filed his 2005 federal income tax return on or before April 15, 2006. On December 31, 2008, the taxpayer consents to extend the statute of limitations on assessment to April 15, 2010. Since the extended statute of limitations on assessment had not expired on March 18, 2010, the six-year statute of limitations will not expire before April 15, 2012.
Example 4: Taxpayer late-filed his 2005 federal income tax return on December 1, 2007. Since the three-year statute of limitations on assessment had not expired on March 18, 2010, it will not expire before December 1, 2013.
Example 5: Taxpayer late-filed his 2005 federal income tax return on December 1, 2006. Since the three-year statute of limitations on assessment expired before March 18, 2010, the six-year statute of limitations does not apply, unless some other exception to the normal three-year statute of limitations keeps the statute open until March 18, 2010.
Example 6: Taxpayer filed his 2005 federal income tax return on or before April 15, 2006. The return contains a more-than-25-percent omission of income, including an omission of more than $5,000 of income attributable to a foreign financial asset. Because the statute of limitations is six years from the filing date of the return for both the "more-than-25-percent omission of income" and the "omission of more than $5,000 of income attributable to a foreign financial asset," the statute of limitations will not expire before April 15, 2012, and will not be further extended even though the statute remained open on March 18, 2010.

Exhibit 25.6.23-6 
IRC 6501(c)(8) Example-Clarifying Amendment

The amendments to IRC 6501(c)(8) are not limited to information required to be reported under new IRC 6038D because IRC 6501(c)(8) also applies to information required to be reported by IRC 1295(b), Qualified Electing Fund-Election; IRC 1298(f), Special Rules–Reporting Requirements; IRC 6038, Information Reporting with Respect to Certain Foreign Corporations and Partnerships; IRC 6038A, Information With Respect to Certain Foreign-Owned Corporations; IRC 6038B, Notice of Certain Transfers to Foreign Persons; IRC 6046, Returns as to Organization or Reorganization of Foreign Corporations and as to Acquisitions of Their Stock; IRC 6046A, Returns as to Interests in Foreign Partnerships; and IRC 6048, Information With Respect to Certain Foreign Trusts.

For failures to report under IRC 6038, IRC 6038A, IRC 6038B, IRC 6046, IRC 6046A or IRC 6048:

  1. If the assessment period of limitations was open on March 10, 2010, then the limitations period is extended for three years from the date the missing information is provided. This extension applies to the whole return, unless the taxpayer has reasonable cause, in which case the extension applies only to items related to the unreported information, or

  2. If the period of limitations was closed on March 10, 2010, then the limitations period is extended for three years from the date the missing information is provided only for items related to the unreported information.

For failures to report under IRC 1295(b):

  1. If the period of limitations was open on March 10, 2010 other than with respect to the failure to report under IRC 1295(b), then the limitation period is extended for three years from the date the missing information is provided. This extension applies to the whole return, unless the taxpayer has reasonable cause, or

  2. If the period of limitations was closed on March 10, 2010, then the 3-year extension does not apply.

For failures to report under IRC 6038D or IRC 1298(f):

  1. If the failure to report is for a tax year beginning after March 18, 2010, then the limitation period is extended for three years from the date the missing information is provided. This extension applies to the whole return, unless the taxpayer has reasonable cause, or

  2. If the failure to report is for a tax year beginning on or before March 18, 2010, then the 3-year extension does not apply.

Example:

The taxpayer filed the 200712 Form 1120 on March 15, 2008. During the taxable year 2007, the taxpayer acquired more than 10% of the outstanding stock of a foreign corporation, but failed to file a Form 5471, Information Return of U.S. Persons With Respect To Certain Foreign Corporations, as required to be filed to report the stock acquisition as prescribed by IRC 6046. Normally, the period of time for assessment would have expired on March 15, 2011. Since the taxpayer failed to report the information required to be reported by IRC 6046, the period of time for assessment would not expire on March 15, 2011, but would expire three years after the required information is actually reported by the taxpayer. The clarifying amendment to IRC 6501(c)(8) makes it clear that the open assessment statute applies to the entire return and not only to the tax deficiency attributable to the information which was not reported, unless the failure to provide the required information is due to reasonable cause and not willful neglect. If it is determined that reasonable cause for failing to report the information exists, the period of time for assessment is only open for the deficiency attributable to the information not reported under IRC 6046.


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