
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC6222]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle F--Procedure and Administration
 
                         CHAPTER 63--ASSESSMENT
 
            Subchapter C--Tax Treatment of Partnership Items
 
Sec. 6222. Partner's return must be consistent with partnership 
        return or Secretary notified of inconsistency
        

(a) In general

    A partner shall, on the partner's return, treat a partnership item 
in a manner which is consistent with the treatment of such partnership 
item on the partnership return.

(b) Notification of inconsistent treatment

                           (1) In general

        In the case of any partnership item, if--
            (A)(i) the partnership has filed a return but the partner's 
        treatment on his return is (or may be) inconsistent with the 
        treatment of the item on the partnership return, or
            (ii) the partnership has not filed a return, and
            (B) the partner files with the Secretary a statement 
        identifying the inconsistency,

    subsection (a) shall not apply to such item.

             (2) Partner receiving incorrect information

        A partner shall be treated as having complied with subparagraph 
    (B) of paragraph (1) with respect to a partnership item if the 
    partner--
            (A) demonstrates to the satisfaction of the Secretary that 
        the treatment of the partnership item on the partner's return is 
        consistent with the treatment of the item on the schedule 
        furnished to the partner by the partnership, and
            (B) elects to have this paragraph apply with respect to that 
        item.

(c) Effect of failure to notify

    In any case--
        (1) described in paragraph (1)(A)(i) of subsection (b), and
        (2) in which the partner does not comply with paragraph (1)(B) 
    of subsection (b),

section 6225 shall not apply to any part of a deficiency attributable to 
any computational adjustment required to make the treatment of the items 
by such partner consistent with the treatment of the items on the 
partnership return.

(d) Addition to tax for failure to comply with section

            For addition to tax in the case of a partner's disregard of 
        requirements of this section, see part II of subchapter A of 
        chapter 68.

(Added Pub. L. 97-248, title IV, Sec. 402(a), Sept. 3, 1982, 96 Stat. 
648; amended Pub. L. 99-514, title XV, Sec. 1503(c)(1), Oct. 22, 1986, 
100 Stat. 2743; Pub. L. 101-239, title VII, Sec. 7721(c)(7), Dec. 19, 
1989, 103 Stat. 2400.)


                               Amendments

    1989--Subsec. (d). Pub. L. 101-239 substituted ``part II of 
subchapter A of chapter 68'' for ``section 6653(a)''.
    1986--Subsec. (d). Pub. L. 99-514 struck out ``intentional or 
negligent'' after ``case of a partner's''.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-239 applicable to returns the due date for 
which (determined without regard to extensions) is after Dec. 31, 1989, 
see section 7721(d) of Pub. L. 101-239, set out as a note under section 
461 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-514 applicable to returns the due date for 
which (determined without regard to extensions) is after Dec. 31, 1986, 
see section 1503(e) of Pub. L. 99-514, set out as a note under section 
6653 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6229, 6231 of this title.
