This IRM provides guidance on the processes and procedures used to solicit, secure, and record an extension of the assessment statute of limitations.

The IRC provides that the statutorily prescribed period for assessment of tax may be extended, except for the estate tax imposed by Chapter 11, if both the Secretary and the taxpayer agree to do so in writing.

The written agreement by the taxpayer and the IRS to extend the period for assessment is often referred to as an "extension" or "statute extension" . The agreement is also referred to as a "consent" .

By law, the IRS has the authority to extend the period for which an assessment of tax may be imposed with taxpayer consent under Title 26, Internal Revenue Code, Subtitle F - Procedure and Administration, which includes, but is not limited to, the following IRC sections:

The Director, Headquarters Examination, is the executive responsible for providing policy and guidance for examination employees and ensuring consistent application of policy, procedures, and tax law to effect tax administration while protecting taxpayers’ rights. See IRM 1.1.16.3.5, Headquarters Examination, for additional information.

The Director, Examination - Field and Campus Policy, reports to the Director, Headquarters Examination, and is responsible for the delivery of policy and guidance that impacts the examination process. See IRM 1.1.16.3.5.1, Field and Campus Policy, for more information.

Field Examination Special Processes (FESP), which is under the Director, Examination - Field and Campus Policy, is the group responsible for providing policy and procedural guidance on specialized examination processes to employees. See IRM 1.1.16.3.5.1.2, Field Exam Special Processes, for additional information.

The IRS adopted the Taxpayer Bill of Rights (TBOR) in June 2014. Employees are required to inform taxpayers of their rights as outlined in the Taxpayer Bill of Rights (see Document 13190-B, Taxpayer Bill of Rights). Employees must be familiar with and act in accordance with taxpayer rights. See IRC 7803(a)(3), Execution of Duties in Accord with Taxpayer Rights. For additional information about the TBOR, see Taxpayer Bill of Rights FAQs.

Periodic program reviews are conducted to:

The following table lists common acronyms and their definitions as used throughout this IRM.

The following table contains terms and definitions as applied throughout this IRM.

The following table contains related manuals which cover additional processes and procedures that examiners may use and are referenced throughout this manual.

Form 10949, Statute Extension Checksheet, is a job aid that provides information on preparing and processing consents. Use of the job aid is strongly encouraged for each consent solicitation made; however it is not a substitute for, nor does it take precedence over, the provisions found in this IRM (IRM 25.6.22, Statute of Limitations, Extension of Assessment Statute of Limitations by Consent).

For control of Bipartisan Budget Act of 2015 (BBA) partnership statute of limitations on making adjustments, see Interim Guidance Memorandums LB&I-04-0320-0005 (expiring April 01, 2022), LB&I-04-1019-010 (expiring October 31, 2021) and Form 15271, Bipartisan Budget Act (BBA) Partnership Adjustment Statute Extension Check Sheet, for more information. After, the expiration dates of the interim guidance memorandums, consult IRM 4.31.9, Centralized Partnership Audit Regime (BBA) Field Examination Procedures.

It is the policy of the IRS to secure consents to extend the period to assess tax only in cases involving unusual circumstances. See Rev. Proc. 57-6, 1957-1 C.B. 729. Every attempt will be made to resolve cases before it is necessary to extend the statute of limitations. If it is necessary to extend the statute, the period of extension must be no longer than is necessary to complete the examination and other administrative actions.

An examiner must obtain the approval of their group manager before requesting a consent to extend the statute of limitations. Approval must be documented on Form 9984, Examining Officer’s Activity Record, or other appropriate form. See IRM 4.10.9.6.2(4), Issue Lead Sheets.

The following conditions warrant asking for a consent to extend the statute of limitations. This list is not all inclusive and in rare circumstances consents may be solicited outside of these conditions. For situations other than those listed below, the case file must be documented with the reason(s) approval to solicit consent to extend the statute was granted.

A consent will not be requested in any case in which no previous contact was made with the taxpayer, except when compelling tax administration reasons exist to justify the request for the consent. See IRM 4.10.2.2.2, 26/27 Month Examination Cycle, for more guidance. For example, consistent treatment of related taxpayers would be a compelling tax administration reason. When an exception such as this is considered, the decision, justification and any action taken must be documented in the case file.

It is IRS’s practice to keep the statutory period of limitations open on all returns that the Joint Committee has under consideration, including returns recommended for survey action. The examiner will make every effort to obtain consents extending the period of limitations on all returns (including carryback and claim returns) directly involved in a Joint Committee case (including the non-reportable tax periods included in the Revenue Agent's Report) when the statutory period will expire within:

In the situation when a case was referred to Criminal Investigation function or is under joint investigation with Criminal Investigation, the primary responsibility for protecting the civil statute for assessment is that of the examiner charged with the return(s). Before a request is made to the taxpayer to extend the statute, written agreement from Criminal Investigation, generally with a signed Form 10498-B, Joint Investigations Intent to Solicit Consent to Extend Statute, must be obtained. Consult IRM 25.6.22.6.17.8, Fraud - Criminal, and IRM 25.1.4.3.8, Statute Protection, for procedures for soliciting consents involving joint investigation cases.

If examination issues indicate that gross income was understated by more than 25 percent and the six-year statute may apply, the normal three-year statutory assessment period provided by IRC 6501(a), General Rule, will be extended, if the normal statute still has time remaining. If the examiner lets the normal three-year period for assessment expire in reliance on the 25 percent omission of gross income, but it is ultimately determined the understatement is 25 percent or less, the IRS would be barred from assessing the tax deficiency, absent some other exception to the normal period for assessment.

Claims for refund do not extend the statutory period for assessing additional tax. Therefore, an open assessment statute must be protected, and a consent obtained, if the statute is within the above-specified time periods unless (9), immediately below, applies.

If it was determined there is no need to protect the assessment statute because there is no potential for additional tax to be assessed, then examiners must document this determination on the Form 895, Notice of Statute Expiration, signed or initialed and dated by the examiner and the manager. This determination could pertain to cases involving claims for refund and carryback tax periods. See IRM Exhibit 25.6.23-3, Instructions for Updating the Statute on AIMS, for proper alpha coding of the assessment statute expiration date (ASED).

In cases previously closed and reopened by taxpayers through the filing of claims for refund, the taxpayer will not be routinely requested to agree to a consent to extend the period of time for assessment unless new information or the re–examination of the return indicates that a redetermination of the tax liability may result in tax deficiencies.

If the period for assessment is open as a result of a consent but closing action will not be completed within the time periods specified in the existing consent, another consent must be obtained to further extend the statute. In this case, the earlier consent(s) must always be retained and safeguarded. All consents must be attached to the back of page 1 of the tax return. These consents provide the proof that the statute was still open at the time a later consent was executed.

Executed consent documents, including, but not limited to, the signed consent itself, must be scanned and included in the case file documents folder of Report Generation Software (RGS), Issue Management System (IMS) or other electronic case files as appropriate whenever possible. See IRM 4.10.15, Report Generation Software.

Section 3201(d) of RRA 98 requires that, wherever practical, any notice relating to a joint return be sent separately to each individual filing the joint return.

Requests for statute extensions are notices requiring issuance of separate notices, except in those situations when it was decided and documented in the case file that the individuals filing the joint return are residing at the same address. If both spouses are residing at the same mailing address, then:

If it is determined both spouses are not residing at the same address, document the separate addresses and mail separately a complete set of documents containing the Letter 907 or Letter 967 addressed to the respective separate address of each spouse, Pub 1035 and consent to each spouse and document the case activity record with the date and fact of separate mailings to each spouse. If the consent is personally presented, document the date and fact of separate personal presentations or the date and fact of personal presentation to one spouse and the date and fact of mailing to the other spouse. For preparation of consents when the spouses are separated or divorced, see IRM 25.6.22.6.1.1, Joint Returns.

See IRM 4.10.1.2.2.1.2, Verification of Address for Each Spouse, and IRM 25.15.6.12, Addressing and Issuing Correspondence, for the requirements which specify that in every examination of a joint return, the examiner shall verify the last known mailing address for each spouse and document actions taken to verify the address.

In fiduciary situations Form 56, Notice Concerning Fiduciary Relationship, or Form 56–F, Notice Concerning Fiduciary Relationship of Financial Institution, is used to confirm a person’s authority to sign the consent.

Examiners will use the following letters when consents are requested through the mail: A copy of the correspondence is to be provided to the authorized representative.

Pub 1035, Extending the Tax Assessment Period, will be sent to the taxpayer in every instance when a consent is requested by mail.

If a face-to-face request for a consent is made to the taxpayer, the consent form, Letter 907, and Pub 1035 will be handed to the taxpayer.

If a face-to-face request for a consent is made to a properly authorized representative, the consent form, Letter 907, and Letter 937, Transmittal for Power of Attorney, will be handed to the representative.

On November 19, 2015, a revision to the IRS’s fax policy was announced by the Deputy Commissioner for Services and Enforcement. This revision allows for the acceptance of taxpayer and/or taxpayer’s representative signatures by fax on consents to extend the time to assess tax under the following conditions:

If all the conditions listed above are met, the receipt of a signed consent to extend the time to assess tax via fax will be considered an "original" consent form with "original" signature(s) for the purposes of IRM 25.6.22.

The consent will be typewritten or computer generated. A pen may be used, but this practice is discouraged. Never use a pencil.

The consent must be prepared by the IRS, not by the taxpayer or the taxpayer's representative.

Restricted consents are not acceptable, except as supported under the discussion of restricted consents at IRM 25.6.22.8, Restricted Consents.

The consent must be prepared in duplicate. A duplicate original signed by both the taxpayer (or duly authorized representative with proper authority to do so) and delegated IRS official is sent to the taxpayer. See IRM 25.6.22.5.12 (1), Examiner's Responsibilities after Receipt of Consent. The original and duplicate original must each be executed with original signatures of the taxpayer(s) and the IRS official. Consent forms signed by the taxpayer(s) or duly authorized representative and sent via fax are acceptable as long as taxpayer contact is made and the case is documented as described in IRM 25.6.22.5.1, Fax Signatures.

Consents with alterations, erasures, and corrections will not knowingly be provided to the taxpayer for signature, regardless of how seemingly slight or immaterial the corrections or alterations might be.

If the taxpayer has made alterations on the consent, a new consent must be prepared for the taxpayer's signature. However, if the alterations on the consent are acceptable to the IRS, the taxpayer has initialed each alteration, and there is not sufficient time to perfect the consent, the person signing for the IRS can initial the alterations and sign the consent. Advice of Area Counsel will be sought before relying on an altered consent to protect the statute.

Consents that contain errors (such as spellings, addresses, years, identification numbers) may not necessarily render the consent invalid; however, due diligence must be exercised to avoid errors. The courts have sometimes found that when the intent of the parties was to extend the period for assessment for the appropriate taxpayer and tax period, the errors in the consent did not invalidate the extension, for example, the court "reformed" the consent. Decisions concerning the validity of consents which have errors are not to be made without consulting Counsel.

The consent must be prepared and signed with the name as shown on the return as filed.

Abbreviated names, such as "Geo.," "Chas.," "Jas.," "Wm.," will not be used in the name line of the consent or the signature line, unless they are used on the return in both the name and signature block. If an entity's legal name has abbreviations, the abbreviations must be used.

For Employee Plan matters, the consent must show the name of the trust.

The following will be entered on the "Kind of Tax" line on applicable consent form(s):

Certain tax forms show more than one kind of tax. If income taxes and separate and distinct other types of taxes are involved such as excise or employment taxes, "the kind of tax" portion of the consent form must indicate each type of tax. For example, in the examination of a Form 1040, there may be income tax issues and one or more other issues present that involve an Individual Retirement Account (IRA). The IRA issues may give rise to Chapter 43 taxes reportable on Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts, and Form 1040. If the "kind of tax" line of the consent is completed only for "income tax" the statutory period for assessing any Chapter 43 excise tax deficiency may expire, thus barring the assessment of the excise tax. Therefore, in this example, the "kind of tax" on the consent form must specify "income and excise."

The concept of last known address is irrelevant to the execution of consents to extend the period of limitations on assessment. Therefore, the taxpayer's current address will be used, rather than the address shown on the return. The current address will be determined based on the best information available, including IDRS, correspondence from the taxpayer, or other sources. Therefore, in the case of a joint return when the spouses are not occupying the same address, the consent name line will be prepared in accord with IRM 25.6.22.5.3, Taxpayer's Name, and IRM 25.6.22.6.1.1, Joint Returns; however the address line on the consent for the first spouse will reflect the current address of that spouse and the address line of the consent for the second spouse will reflect the current address of that spouse. As per IRM 25.6.22.3.1 (3), Separate Notification of Each Spouse, the separate consents are to be mailed to the separate addresses or personally presented to each spouse.

The use of the address shown on the return will not make the consent invalid.

The year(s) covered by the consent must be stated in full, including the month, day, and year. Consents merely showing the year as "2020," "202012" or "fiscal year ending March 2020" are not acceptable rather the tax period must be expressed as in the examples below.

The definition of a taxable year under IRC 441(b), Taxable Year, includes a period of less than 12 months. Thus, a return may be required for a period of less than 12 months. A consent covering the first or last return must show the dates of the beginning and end of the fractional part of the year. The word "ended" on the consent form is to be crossed out or deleted in a consent for fractional parts of a year.

Paragraph (2), immediately above, would also apply if the taxpayer changed the accounting period.

If a fiscal year trust exempt from taxation under IRC 501(a), Exemption from Taxation, loses its exempt status, its first taxable year would end on December 31. See IRC 644, Taxable Year of Trusts.

The statute can be extended to a specific date (fixed-date consent), or the statute can be extended for an indefinite period, (open-ended consent).

The open-ended consent ends after the occurrence of certain events plus 90 days. Thus, a specific extension date is not stated on the open-ended consent. The open-ended consents include Form 872-A, Special Consent to Extend the Time to Assess Tax, for income and various other tax returns and Form 872-O for TEFRA partnership returns. See IRM 25.6.22.7, Open-ended Consents, for further discussion of open-ended consents; as well as See Extension Forms Listed by Form Number, for other open-ended consent forms.

The fixed-date consent ends on a fixed date.

The extension date on the fixed-date consent must be entered as the month, day and year, for example, December 31, 2021.

Neither IRC 6501(c)(4), Extension by Agreement, nor the regulations specify how consents are to be signed. Rev. Rul. 83-41, 1983-1 C.B. 349, clarified and amplified by Rev. Rul. 84-165, 1984-2 C.B. 305, provides the consent will be signed in the same manner as the return that was filed, unless since filing, there was a name change. In these cases, the consent will be prepared using both names on the name line, but the signature line will only show the current name.

The individual(s) who signs the consent will enter the date signed in the space provided to the right of their signature.

The taxpayer's SSN or EIN must be shown in the space provided in the upper right-hand corner of the consent.

Identification of the IRS person requesting the consent must be typed in the space provided in the upper right-hand corner of the consent form.

Consents may be signed on behalf of the IRS by any person authorized to sign consents as specified in

The IRS officials to whom the Commissioner has delegated authority are specified in the applicable delegation order. An employee seeking to have a consent executed must look to the published Servicewide delegation orders to determine who may execute a consent.

The delegated IRS official will sign their own name and indicate their title and the date on the designated line of the form. Authorized IRS officials may sign statute extension consent documents (such as the Form 872, Consent to Extend the Time to Assess Tax; or Form SS-10, Consent to Extend the Time to Assess Employment Taxes) either manually or digitally at their discretion. If signing digitally, reference IRM 4.10.1.4.4, Digital Signatures, for guidance on acceptable digital signatures.

The Division Executive's name and title are not required on the consent in order to make the consent valid as long as a delegated IRS official signs the consent. The various consent forms will be revised over the course of time to remove the line items for the name and title of the Division Executive from the consent form. Until the consent forms are revised to remove the line items for the name and title of the Division Executive, it is recommended (but not required) that the information regarding the executive's name and title be completed in order to avoid arguments as to the proper completion of the form. Due to the movement of personnel within the IRS, it is acceptable to leave the name of the Division Executive blank until the consent is signed by the delegated IRS official at which time the name line of the Division Executive may be completed.

Persons officially acting, for someone authorized to sign consents, may sign consents.

The IRS official executing the consent will enter the date in the space provided to the right of their signature.

It is the examiner's responsibility to review the consent to make sure it is correct and all procedures were followed, including but not limited to:

The manager authorized to sign the consent on behalf of the IRS must complete due diligence to ensure all procedures are followed. The best tool available is Form 10949, Statute Extension Checksheet.

Use the name on the face of the return or the signature on the return, whichever is most complete.

The consent must be prepared and signed using the same name as that under which the return was filed, unless since filing, there was a name change. In these cases, the consent will be prepared using both names, but the signature line will only show the current name.

Titles such as "Mr." , "Mrs." , "Dr." "Rev." , must be omitted in preparing and signing the consent. However, suffixes distinguishing closely related persons such as "Jr." and "Sr." appearing on a return, or in the signature, will be shown in the name, and signature on the consent. Suffixes denoting degrees conferred as "M.D." or "L.L.B." must be omitted in preparing a consent. However, if a taxpayer uses a suffix in signing a consent, it is acceptable.

Generally, the name of the taxpayer shown on the return can be used on the consent, unless it is known that the name is not correct. Consents executed on behalf of corporations must be prepared in the correct name as disclosed by the corporate charter. Area counsel will be consulted if there is doubt as to the proper name of the corporation.

When a corporation changes its name only, continuing to operate under the old charter, the consent must be prepared in both names and the signature will reflect both names.

If the word "The" is part of the legal name of the corporation, it must be entered on the consent. The words such as "Co.," "Company," "Inc." and "Incorporated" must be shown as used in the legal name of the corporation. All punctuation must be properly reflected.

The consent must be signed with the corporate name, followed by the signature and title of such current officers of the corporation, as are empowered under the laws of the state in which the corporation is located, to sign for the corporation. Therefore, you must look to state law to determine who is empowered to sign. Generally, the president and the secretary of the corporation are empowered to sign the consent. Assistant officers and controllers are not empowered to sign consents unless they are authorized by the corporation's Board of Directors. Contact Area Counsel if there is any question as to the proper person to sign the consent.

It is not necessary that the corporate seal be affixed to the consent.

There is no statute on an S corporation return for pass-through items to the shareholders. The statute of limitation is determined at the shareholder level for each shareholder. Therefore, the statute for each shareholder is extended by following the consent procedures for the individual or entity shareholder returns.

Where there is potential for tax or penalty on the S corporation itself, the statute must be protected at the S corporation level. Tax or penalty due at the S corporation level can occur in the following situations:

To extend the statute in situations described in paragraph (2) above, follow the consent procedures for C corporations.

A consent covering a return filed by an association must be accompanied by a copy of the articles of agreement. The legal name of the association, as it appears in the articles of agreement, will be shown in the name caption of the consent.

The name of the association and the names and titles of the signers must be entered above the authorized signatures.

Use Form 872, Consent to Extend Time to Assess Tax, or Form 872-A, Special Consent to Extend the Time to Assess Tax.

There is no statute for a partnership return except for the assessment of penalties, if the partnership is ILSC. The statute of limitation is determined at the partner level for each partner. Therefore, the statute for each partner is extended by following the consent procedures for the individual or entity partner's return.

Penalties may also be assessed against the partnership so the partnership statute must be protected; if penalties are applicable.

Consents for trust returns (Form 1041, U.S. Income Tax Return for Estates and Trusts) including trusts related to Employee Plan returns (Form 5500, Annual Return/Report of Employee Benefit Plan), will be obtained in the name of the trust to secure a consent. The signature will show the name of the trust, followed by the name and designated title of the person or persons authorized by the trust instrument.

A consent covering a return of a trust must be accompanied by Form 56, Notice Concerning Fiduciary Relationship, and the trust instrument.

Use Form 872, Form 872-A or Form 872-H. For Employee Plan purposes, use only a Form 872 or Form 872-H. See IRM 25.6.22.6.13, Employee Plans, for additional details and preparation of Form 872-H related to Employee Plans.

Where several trustees are appointed under a trust instrument, any one of the trustees may sign the consent, if the trust instrument provides that acts of one or more trustees are binding on all.

If no single trustee's signature is binding on all the trustees, the names of all the trustees must be shown in the consent and Form 56, Notice Concerning Fiduciary Relationship. All trustees must sign the consent. This is true whether one or all trustees sign the filed return.

When a trust is terminated, the trustees may not sign a consent. See instructions for transferee liability cases at IRM 25.6.22.6.17.1, Transferee Liability.

For adjustments relating to assets held by a grantor trust, the period to keep open for assessment of tax is that of the owner whom the IRS may assess. The filing of the grantor trust return does not start any period of limitations for items reported on that return, and a trustee does not have authority to execute a consent on behalf of the owner regarding those items. If there is a question as to whether or not the trust will be treated as a grantor trust, consents must be obtained from both the owner and trustee.

A consent covering the income tax return of an estate (Form 1041) must be in the name of the estate. The signature must show the name of the estate, followed by the name and designated title of the person or persons authorized to act for the estate. The authorized person is the executor, administrator, or other fiduciary.

A consent covering an income tax return of an estate must be accompanied by Form 56, Notice Concerning Fiduciary Relationship, and the certified copy of letters of testamentary or court certificate certifying as to the present status of the estate, including the name of the present fiduciary and the fiduciary's capacity.

Use Form 872 or Form 872-A.

Where several executors, administrators or other fiduciaries are appointed under a will, any one of them may sign the consent, if the will provides that acts of one or more personal representatives are binding on all.

If no executor's or administrator's signature is binding on all the executors or administrators, the names of all the executors or administrators must be shown in the consent and Form 56. All executors or administrators must sign the consent and Form 56. This is true whether one or all sign the return which was filed.

When an estate was closed and the executor discharged, a valid consent cannot be secured, unless the former fiduciary petitions the court to re-open the estate. If there is no such re-opening, see the procedures pertaining to transferee liability cases at IRM 25.6.22.6.17.1, Transferee Liability.

There is no provision in the law for entering into an agreement to extend the statute of limitations for assessment of the estate tax imposed by Chapter 11 of the IRC.

If distributions were made to heirs, the transferee liability rules can apply. See IRM 25.6.22.6.17.1, Transferee Liability.

In gift tax cases in which the husband and wife have elected to split their gifts pursuant to IRC 2513, Gift by Husband or Wife to Third Party, separate consent agreements will be prepared for each spouse. One consent will be prepared for the husband as donor with the wife as consenting spouse, and another for the wife as donor with husband as consenting spouse. Signatures of both spouses must appear on both sets of consents.

Use Form 872, Consent to Extend the Time to Assess Tax, or Form 872-A, Special Consent to Extend the Time to Assess Tax.

The period for assessment of employment taxes can be extended by using the Form SS-10, Consent to Extend the Time to Assess Employment Taxes. This form is for the taxes imposed under the Federal Insurance Contributions Act (Form 941, Employer's Quarterly Federal Tax Return; Form 943, Employer's Annual Tax Return for Agricultural Employees; Form 944, Employer's ANNUAL Federal Tax Return), the Federal Unemployment Tax Act (Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return), the Railroad Retirement Tax Act (Form CT-1, Employer's Annual Railroad Retirement Tax Return, and Form CT-2, Employee Representative's Quarterly Railroad Tax Return), and IRC provisions relating to collecting income tax at the source on wages and other payments and distributions (Form 941; Form 943; Form 944 and Form 945, Annual Return of Withheld Federal Income Tax).

The consent (Form 872, for example) obtained to extend the income tax return of the employer does not extend the period of time for assessment of employment taxes.

The name of the controlling entity will be used in the consent. This is usually the name on the employment tax return.

In the case of a sole proprietorship (Schedule C business), the primary taxpayer's name as shown on the employment tax return will be input on the Form SS-10 followed by "dba" (the abbreviation "for doing business as" ).

The instructions for signing the consent in various entity situations are as follows:

For purposes of extending the period for FICA, FUTA, RRTA, and withholding taxes, the "tax periods from (Month DD. YYYY) through (Month DD YYYY)" are to include the periods covered under the extension. More than one period may be covered by one Form SS-10.

A single consent may be used to extend the statute for the FICA, FUTA, withholding taxes, and the Railroad Retirement tax provided that the appropriate lines are completed on the consent form for the relevant type of tax.

A single consent may be used to cover all quarterly returns filed for employment taxes as well as other returns which report the same type of employment taxes, if the taxpayer filed the other returns. For example, Form 941, Employer’s Quarterly Federal Tax Return; Form 943, Employer’s Annual Tax Return for Agricultural Employees; Form 944, Employer’s Annual Federal Tax Return; and Form 945, Annual Return of Withheld Federal Income Tax, all report income tax withholding. This is true for a consent covering a one year period of time or covering a period of more than one year.

The statute of limitations for all timely-filed quarterly employment tax returns for a single calendar year expire at the same time. See IRC 6501(b)(2), Return of Certain Employment and Withholding Taxes. Therefore, a consent will usually include all four returns if returns were timely filed.

For conversion issues where FICA coverage is converted to RRTA coverage and Form CT-1 have been filed, care must be taken to cover both taxes (FICA and RRTA) on Form SS-10. Note that the statute date for RRTA is three years from the last day of the second month following the end of the tax year, or the date the Form CT-1 is filed, whichever is later.

Transferee liability - Consent Form 4016 is used for extending the statutory period of limitations for assessment of employment taxes against a transferee, arising on liquidation or dissolution of a corporation or partnership, or on a reorganization within the provisions of IRC 368(a), Reorganization.

Form 872-B, Consent to Extend the Time to Assess Miscellaneous Excise Tax, is used to extend the statutory period of limitation on assessment of the excise taxes reported on Form 720, Quarterly Federal Excise Tax Return; Form 2290, Heavy Highway Vehicle Use Tax Return; Form 730, Monthly Tax Return for Wagers; and Form 11-C, Occupational Tax and Registration Return for Wagering.

Separate consents are needed for each type of excise tax return (such as Form 2290 and Form 720) for which the limitations period will be extended.

For the kind of tax, name the specific excise tax being extended. The pertinent code section must be stated in the space provided in the consent.

If an extension is desired for more than one type of tax reported on the same Form 720, each type of tax and its corresponding code section must be listed separately on the consent form.

The periods ("due for the period" ) will be shown inclusive, beginning with the first day of the earliest period and ending with the last day of the most recent period.

Transferee liability — Consent Form 4016, Consent Fixing Period of Limitation Upon Assessment of Employment or Miscellaneous Excise Taxes Against a Transferee, is used for extending the statutory period of limitations for assessment of excise taxes against a transferee, arising on liquidation or dissolution of a corporation or partnership, or on a reorganization within the means of IRC 368(a), Reorganization. See IRM 25.6.22.6.17.1, Transferee Liability.

Limited Liability Companies–

The penalty imposed by IRC 6725, Failure To Report Information Under Section 4101, for failure to provide the required information or providing incorrect information on Form 720-TO, Terminal Operator Report, and Form 720-CS. Carrier Summary Report, returns may be extended by using Form 872-B. The consent form is to be modified by deleting all references to the word "tax" in paragraphs (1), (2) and (3) and inserting in lieu thereof the word "penalty." Since some entities have multiple filings under a single employer identification number (EIN), the Form 872-B must be specific as to the respective terminal/vessel/pipeline. The specific terminal control number (TCN) of the respective terminal is to be reflected for Form 720-TO filers. Information to identify and distinguish respective vessel/pipeline is to be reflected on the Form 872-B.

For information on whether or not the period of time for assessment for paid claims assessed under IRC 6206, can be extended, see IRM 4.24.8, Examination Guidance for Excise Claims for Refund or Abatement.

Form 872, Consent to Extend the Time to Assess Tax, or Form 872-A, Special Consent to Extend the Time to Assess Tax, is used to extend the statute for assessment of taxes under Chapters 41 (Public Charities) and 42 (Private Foundations and Certain Other Tax-Exempt Organizations) of the IRC.

When consent agreements are entered into extending the statutory period of limitations for assessment of income and Chapter 41 or 42 taxes, the same consent form can be used. The kind of tax will be shown as "income and excise."

For the Form 990-T, Exempt Organization Business Income Tax Return, the consent must be signed by an officer or fiduciary.

The statutory period for assessment of Chapter 41 or 42 taxes imposed upon a disqualified person, foundation manager, organization manager, public charity, a private foundation, or a black lung benefit trust may be extended when necessary by securing an executed Form 872 or Form 872-A for each year in which acts (or failures to act) occur which give rise to the Chapter 41 or 42 taxes.

The consent form must also cover all other years in the taxable period because excise taxes are imposed for each year in the taxable period and not merely the year in which the act occurred.

The consent must always be obtained from the person upon whom the tax is imposed even though the period of limitations is determined by the due date of the annual return (Form 990, Return of Organization Exempt From Income Tax; Form 990-PF, Return of Private Foundation or Section 4947(a)(1), Trust Treated as a Private Foundation; Form 990-BL, Information and Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Person; or Form 5227, Split-Interest Trust Information Return, or the date the return is filed, whichever is later.

Form 872, Consent to Extend the Time to Assess Tax, is used to extend the statute for assessment of taxes under Chapter 43 (Qualified Pension, Etc., Plans) of the IRC.

The statutory period for assessment of the IRC 4975(a), Initial Taxes on Disqualified Person, excise tax on a disqualified person may be extended when necessary by securing an executed Form 872 for each year in which transactions occur that give rise to the excise tax. The consent must always be obtained from the person upon whom the tax is imposed, even though the period of limitations is determined by the due date of the annual return (Form 5500 series) or the date the return is filed, whichever is later.

When consent agreements are entered into extending the statutory period of limitations for assessment of Chapter 43 taxes, the kind of tax will be shown as "excise."

Form 5330, Return of Excise Taxes Related to Employee Benefit Plans, must be signed by the person (employer, entity, individual) against whom the tax will be assessed and any consent Form 872 pertaining to the Form 5330 must be signed by the same person or another person authorized to sign the consent.

Consents related to a Form 5500, Annual Return/Report of Employee Benefit Plan, are secured with respect to Form 1041, U.S. Income Tax Return for Estates and Trusts. The most current version of Form 872-H must be used when extending a statute of limitations for a Form 1041 related to a Form 5500. Form 56, Notice Concerning Fiduciary Relationship, must also be sent to the trustee(s) for completion when extending the statute of limitations on a trust. Since an examination of Form 5500 may result in the revocation or disqualification of the plan, consents must be secured for the trust for the applicable year.

Once a plan is no longer qualified under IRC 401(a), Requirements for Qualification, the trust becomes taxable. See IRM 4.71.9, Statute Control Procedures.

In some cases, the trust may be required to file a Form 1041, U.S. Income Tax Return for Estates and Trusts, for those years during which the plan is disqualified and the statute of limitations is open. It is the trustee (or authorized representative) who must sign the Form 872-H, Consent to Extend the Time to Assess Tax on a Trust, consent in order for the extension to be valid. The consent to extend the statute of limitations must be signed by a current trustee, which may be a different individual than the person who was trustee when Form 5500 was filed/the plan became disqualified.

Research must be conducted to determine if the trust has an EIN. The correct trust EIN will be used on Form 872-H if the trust has an EIN. The applicable line will be left blank if the Trust does not have an EIN. When preparing Form 872-H:

A Form 872 or Form 872-A is used to extend the period of limitations for Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons. See IRM 4.23.14.9, Form 872, Consent to Extend the Time to Assess Tax for Form 1042, for guidance regarding preparation of the consent.

Separate consent forms will be used to extend the periods of limitation for Form 1120 and Form 1042.

The statute for the preparer penalties imposed by IRC 6694(a), Understatement Due to Unreasonable Positions, and IRC 6695, Other Assessable Penalties with Respect to the Preparation of Tax Returns for Other Persons, can be extended by agreement.

The statute must be extended using Form 872-D, Consent to Extend the Time on Assessment of Tax Return Preparer Penalty.

A separate consent will be obtained for each taxable period under consideration, and the related taxpayer returns, for which the penalties are applicable must be included on each consent.

The statute for the penalties imposed by IRC 6695A, substantial and gross valuation misstatements attributable to incorrect appraisals, can be extended by agreement.

The statute is extended by using Form 872-AP, Consent to Extend the Time on Assessment of IRC Section 6695A Penalty.

Generally, a separate consent will be obtained for each taxable period under consideration and the related taxpayer returns for which the penalties are applicable must be identified on each consent.

Special conditions affect the statute of limitations. This subsection deals with the effect of these conditions on consents to extend the period of time for assessment of tax.

Form 872-A, Special Consent to Extend the Time to Assess Tax, is an open-ended consent form. This form can be used instead of the Form 872, the fixed-date consent form.

Form 872-A extends the period of limitations as follows:

Some assessments do not reflect a final determination and Appeals consideration, and, therefore, will not terminate the agreement before the expiration date. Examples of assessments that do not constitute final determination and appeals consideration are:

Unassessed payments, such as amounts treated by the IRS as cash bonds and advance payments not assessed by the IRS, will not terminate the consent agreement.

The agreement entered into on Form 872-A, will end on the date determined in paragraph (2) above, regardless of any assessment for any period includable in a report to the Joint Committee on Taxation (JCT) submitted under IRC 6405, Reports of Refunds and Credits. See IRM 4.36.3.5, Statute of Limitations, for procedures to be followed in cases reportable to the JCT under IRC 6405.

Form 872-A will be used by Examination personnel in situations where its use would benefit both the IRS and the taxpayer.

The Form 872-A is processed in the same manner as the Form 872:

The Form 872-A is signed by the same persons authorized to sign the Form 872.

The Form 872-O, Special Consent to Extend the Time to Assess Tax Attributable to Partnership Items, is an open-ended consent form for use at the TEFRA partnership level. This form may be used instead of the fixed–date consent Form 872-P. See IRM 25.6.22.6.5.1, Partnerships (TEFRA), and IRM 4.31.2.5, Statutes, for discussion of Form 872-P.

See IRM 25.6.22.7.1, Form 872-A, Special Consent to Extend the Time to Assess Tax, for discussion of the procedures for open-ended consents and IRM 4.31.2.5.2, Extension of Statute at the Partnership Level, for further information on statute extensions for TEFRA returns.

Form 872-N, Notice of Termination of Special Consent to Extend the Time to Assess Tax Attributable to Partnership Items, is the written notification to the IRS (or to the taxpayer) that terminates the open-ended consent (Form 872-O) 90 days after issuance by the IRS or 90 days after the date on which the Form 872-N is received by the office designated by the Commissioner of Internal Revenue.

To determine the person empowered to sign the consent for the partnership, see the IRM 4.31.2.5, Statutes.

The Form 872-O is handled in a similar fashion as the Form 872-P:

If the partner has signed a Form 872 or Form 872-A with respect to issues unrelated to the terminated Form 872-O (for example, ILSC partnership adjustments), that Form 872 or Form 872-A remains in full force and effect for the ILSC partnership adjustments.

The taxpayer has the right to request a restricted consent.

The Internal Revenue Service Restructuring and Reform Act of 1998 requires the IRS to notify taxpayers of their right to limit the extension to particular issues (effective for requests to extend the period of limitations made after December 31, 1999). See IRM 25.6.22.3, Notification of Taxpayer's Rights, regarding notification.

It is the position of the IRS that the taxpayer's right to a restricted consent is the right to request a restricted consent. The IRS is not compelled in all circumstances to agree to a restricted consent. A consent constitutes a mutual agreement, with both parties, the taxpayer and the IRS, having the right to determine what they will agree to in the consent.

See IRM 25.6.22.8.2, Situations Permitting Taxpayer’s Request for Restricted Consent, immediately below for circumstances where the IRS will enter into a restricted consent requested by taxpayers.

As a general rule, as reflected in Pub 1035, Extending the Tax Assessment Period, the IRS will enter into a restricted consent requested by the taxpayer if all of the following conditions are met:

Restricted consents will be discouraged, if possible, until the examination is completed to the extent that all potential issues have been identified.

Generally, restricted consents will not be accepted for returns included in a Joint Committee case. See IRM 4.36.3.5.1, Restricted Consents.

Since a restricted consent is used to allow the statute to expire with regard to all items on the return except those included in the restrictive statement, the examiner must include a statement on the Form 895, Notice of Statute Expiration, to the effect that all conditions noted above have been met.

Generally, the IRS will not ask for restricted consents.

The IRS may request a consent restricted to one or more issues, when, in the light of reasonable tax administration, resolution of such issue or issues requires establishment of an IRS position through court decision, regulation, ruling or other Headquarters action, or when other equally meritorious circumstances exist. See Rev. Proc. 68-31, 1968-2 C.B. 917 (modified by Rev. Proc. 77-6, 1977-1 C.B. 539, for other matters).

If there are issues other than those subject to the restricted consent, a partial agreement on Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax & Acceptance of Overassessment, must be obtained and the assessment made within the regular period for assessment and extensions thereof.

The report transmittal for the partial agreement report must be clearly marked, "partial agreement report." The basic report form will clearly set forth that it is a partial agreement report and a final report will be prepared when the examination is completed. Process Form 5344, Examination Closing Record, in accordance with the instructions contained in IRM 4.4.12, Examined Closings, Surveyed Claims, and Partial Assessments; or Form 5599, TE/GE Examined Closing Record; and the instructions in IRM 4.5.2, TE/GE Examined and Non-Examined Closures.

When appropriate, a partial overassessment may be made. See IRM 1.2.1.5.17, Policy Statement 4-41, Partial Overassessment May be Allowed in Certain Contested Cases.

A restricted consent may be signed on behalf of the IRS by any person authorized to sign consents as specified in IRM 1.2.2.14.2, Delegation Order 25-2 (Rev. 3) (formerly DO-25-2 and DO-42, Rev. 28), Authority to Execute Agreements to Extend the Period of Limitations on Assessment or Collection and to Accept Form 900, Tax Collection Waiver, or IRM 1.2.2.5.16, Delegation Order 4-19 (Rev. 2) (formerly DO-4-19, (Rev. 1) and DO-209, (Rev. 5)) for TEFRA partnership or TEFRA Subchapter S corporation matters.

The area office is responsible for preparing the restrictive wording and must obtain the approval of Area Counsel as to its legal sufficiency prior to issuing to the taxpayer.

Any questions regarding the use of restricted consents or restrictive wording will be discussed with Area Counsel.

When other areas or divisions are involved, only the area/division having jurisdiction of the controlling entity (hereinafter the "coordinating" office) will prepare the restrictive statement and obtain approval from Counsel. The "coordinating" area/division will then distribute the approved restrictive statements to the impacted offices. When such a restricted consent is prepared, the restrictive wording will not be modified to cover an additional unresolved issue of any particular taxpayer without first obtaining approval of the "coordinating" office.

In those cases where the coordinating area/division and its Area/Division Counsel determine that it is not appropriate for the impacted office to secure a modified restricted consent, the "coordinating" area/division will notify the other impacted areas/divisions of this decision by memorandum. The reasons why a restricted consent would not be appropriate will be set forth in the memorandum.

The area/division preparing the consent must anticipate the possibility of issues present in the tax period, for which the consent is sought based on the continuing effects, of a prior year adjustment. The preparing area/division can cover such possible situations by including the following statement as the first provision of the description of the issues to which the consent is restricted: "(1) items affected by continuing tax effects caused by adjustments to any prior tax return." Such an opening provision is followed by provisions describing the major areas of consideration. The addition of the restrictive statement addressing the continuing tax effects of adjustments to prior tax periods does not require approval by the coordinating office.

When requesting a restricted consent which was prepared by the "coordinating" area/division, the examiner must explain to the taxpayer that, for consistency purposes, the restricted consent cannot be changed and that all similarly situated taxpayers are requested to sign either a general consent or this restricted consent. If the restrictive wording contains a provision for the continuing tax effects of prior year adjustments, the examiner must explain the provision was included to cover possible situations of numerous taxpayers and, if there are no continuing tax effects from adjustments or proposed adjustments in a prior year, the provision has no effect.

When approval of Area/Division Counsel is required for the restrictive wording, such approval must be sought no later than 90 days prior to the earliest statute expiration date of any related taxpayer's return. Concurrently, the "coordinating" area/division also will seek Area/Division Counsel approval of wording for adjustments to be used in statutory notices in the event such notices become necessary when consents cannot be secured from the related taxpayers.

If the request for approval cannot be made within the time limit prescribed in (5) above, the request to Counsel must be made in writing signed by the Territory Manager in LB&I, SB/SE and W&I, or the Area Manager in TE/GE of the coordinating office.

When the only unresolved issues appearing on a taxpayer's return are those resulting from the ILSC pass-through items, the division office having jurisdiction over the shareholder's or partner's (hereinafter referred to as "distributee" ) tax return will prepare the restricted consent using the wording contained in IRM 25.6.22.8.15 (5), IRM 25.6.22.8.15 (6), or IRM 25.6.22.8.15 (7), Examples, except in unusual circumstances. When the wording specified in these examples is used without modification, approval of Area Counsel is not required. For this purpose, the addition of a statement regarding the continuing tax effects of prior year's adjustments as an area of consideration is not considered to be a modification requiring the approval of Area Counsel.

Prior to soliciting a restricted consent from a distributee, the division office with jurisdiction over the distributee's return will determine if other pass-through entities are being examined by researching AIMS and PCS. The Partnership Control System (PCS) places a Partnership Investor Control File (PICF) code of "6" on the AIMS record for the investor. The code alerts IRS personnel to the existence of an ongoing examination of the key case return and prevents its premature closure.

Although the restricted consent procedures apply to the returns of TEFRA entities, a consent containing wording restricting adjustments to one or more items of a partnership may not be solicited without the prior written approval of Area Counsel. Because of the potential impact on distributees and the interrelationship of partnership items, managers and technical personnel must consider the difficulties in clearly and accurately describing the scope of a restricted consent covering items of a TEFRA partnership. Suggested wording for restricted consents for TEFRA partnerships is provided in IRM 25.6.22.8.15, Examples; however, review by Area Counsel of the restrictive wording is still required.

Restricted issues must be identical for each tax period, to have one consent form to cover multiple tax periods. See IRM 25.6.22.5.6.1, Multiple Tax Periods, for more information on multiple tax period consents.

Extreme care must be exercised when drafting restrictive wording for use in a consent.

The basic restrictive statement is: "The amount of any deficiency assessment is to be limited to that resulting from any adjustment to (description of the area(s) of consideration), any penalties and additions to tax attributable thereto, and any consequential changes to other items based on such adjustment."

The following wording will also be included on Form 872 and Form 872-A when the consent is restricted: "The provisions of IRC 6511(c) are limited to any refund or credit resulting from an adjustment for which the period for assessment is extended under this agreement."

Definitions: (also see Rev. Proc. 77-6,1977-1 C.B. 539, modifying Rev. Proc. 68-31, 1968-2 C.B. 917)

The restrictive statements must be typed on the consent in the space provided, depending upon the particular consent form used.

On some consent forms there is very little space for typing a restrictive statement. If the restrictive statement will not fit on the consent form, a reference is to be made on the consent form to an attachment. A key consideration is that the attention of both the taxpayer and the IRS is clearly directed to the restriction. Consent Form 872, Consent to Extend the Time to Assess Tax, and Form 872-A, Special Consent to Extend the Time to Assess Tax, specify that "This Form contains the entire terms of the consent to extend the Time to Assess Tax. There are no representations, promises, or agreements between the parties except those found or referenced on this Form." Also, see IRM 4.31.2.5.2, Extension of Statute at the Partnership Level.

The expiration date of the consent will generally be sufficient to provide time for disposition of the case without a foreseeable need for obtaining a renewal consent. This is particularly important when the outcome of the case is dependent upon a court decision in another case.

If it becomes necessary to extend the statutory period beyond the date originally agreed upon, renewal consents may be secured before the expiration date of the original consent. Renewal consents may be obtained by using an open-ended consent agreement even if the preceding consent was a fixed-date consent.

If a restricted consent was secured originally, the restrictive statement on the renewal consent must be worded exactly as the original restricted consent. If a general consent had been obtained originally, the renewal consent may be restricted to certain areas of consideration using the principles described in this IRM section.

The examples illustrate the principles to be used in drafting the restrictive statement.

In General — Assume the taxpayer and the IRS are awaiting a court decision involving the deduction for dependency exemptions for the taxpayer's parents in a particular factual setting. The only unresolved issue on a subsequent return of the taxpayer involves the same issue with the same facts. The basic restrictive statement with the description of the area of consideration is as follows (also see NOTE pertaining to IRC 6511(c) restriction at IRM 25.6.22.8.15 (1), Examples):

Shareholder Receiving Distribution — Assume the taxpayer in a particular taxable year received distributions as a shareholder from Corporation A. The corporation advised shareholders that the distribution was only 50 percent taxable, but the taxable status of the distribution has not yet been made by the IRS. The only unresolved issue on the return of the taxpayer/shareholder involves the amount of the distribution subject to tax. The basic restrictive statement with the description of the area of consideration is as follows (also see NOTE pertaining to IRC 6511(c) restriction at IRM 25.6.22.8.15 (1), Examples):

Shareholder Receiving Distribution in Exchange for Stock — In any examination, an adjustment to the tax treatment of a particular item in one year can have continuing effects on items in a subsequent year. For example, assume a situation where the shareholders of Corporation X received common stock of Corporation Y in exchange for their shares of Corporation X common in a merger. The shareholders treated the transaction as a tax-free exchange, but the IRS is questioning that treatment. For the year of the exchange, the basic restrictive statement with the description of the area of consideration is as follows (also see NOTE pertaining to IRC 6511(c) restriction at IRM 25.6.22.8.15 (1), Examples):

S Corporation Shareholder/Partner Consent (ILSC) Covering Only Specific Entities on Return — In examinations of S corporations or partnerships (hereinafter referred to as "pass-through entity" ), the adjustments may be at the pass-through entity level with changes in profit, loss, and so forth, passing to the shareholders' or partners' returns based on the pass-through entity adjustments. However, adjustments also may be reflected at the shareholder or partner level due to changes in the shareholder's or partner's basis in the pass-through entity. For example, in partnership-leveraged tax shelter situations utilizing nonrecourse financing, a possible IRS position is that the loans lack economic substance and create artificial losses because taxpayers never intend to honor the loans. Disallowance of the losses on such grounds is a partnership level adjustment. If the fair market value of the property underlying the nonrecourse loans is not at least equal to the loans, an alternative IRS position would be the disallowance of a portion of the losses at the partner level on the grounds that the losses exceed the partner's basis in the partnership. A partner's basis includes nonrecourse liabilities only to the extent of the fair market value of the property underlying such liabilities. In certain partnership situations, it is also possible to argue that the partnership is an association taxable as a corporation. In such situations, the "distributive shares" of income, gain, loss, deduction, or credit of the "partnership" are not recognized to the "partners" but are taxable to the association. However actual distributions to the "partners" from the association, as opposed to distributive shares from the "partnership" , could be taxable as dividends. In preparing restricted consents to be obtained from shareholders or partners in any pass-through ILSC entity situation, the restrictive statement will cover all of the possible issues. Additionally, the restricted consent will exclude all pass-through ILSC entities which are not under examination. The following restrictive wording may be used to include specific pass-through entities on the consent. The wording in IRM 25.6.22.8.15 (6) and IRM 25.6.22.8.15 (7), Examples, below may be used to include all pass-through entities appearing on the return or all pass-through entities except specifically named pass-through entities, respectively. Except in unusual circumstances, the appropriate restrictive wording provided in this paragraph, or in IRM 25.6.22.8.15 (6) or IRM 25.6.22.8.15 (7), Examples, below, will be used on Form 872 or Form 872-A. The restrictive statement with the description of the areas of consideration is as follows (also see NOTE pertaining to IRC 6511(c) restriction at IRM 25.6.22.8.15 (1), Examples):

S Corporation Shareholder/Partner Consent (ILSC) Covering All Entities on Return — The following restricted consent wording may be used if all (one or more) pass-through entities in which the taxpayer is a shareholder or partner are under examination or if the examiner is unable to determine if one or more of the pass-through entities are under examination. If the taxpayer is involved in numerous pass-through entities, not all of which are under examination, the wording in IRM 25.6.22.8.15 (7), Examples, below may be used to exclude specifically named pass-through entities or, alternatively, the wording in IRM 25.6.22.8.15 (5), Examples, above (naming specific pass-through entities to be covered) may be used. The restrictive statement with the description of the areas of consideration is as follows (also see NOTE pertaining to IRC 6511(c) restriction at IRM 25.6.22.8.15 (1), Examples):

S Corporation Shareholder/Partner Consent (ILSC) Covering All Entities on Return Except Those Specified — The following restricted consent wording effectively modifies the "any small business corporation and any partnership" clause in IRM 25.6.22.8.15 (6), Examples, above to exclude specifically named pass-through entities. The "exclusion" applies to all pass-through entities which are not under examination. Alternatively, the wording in IRM 25.6.22.8.15 (5), Examples, above (naming specific pass-through entities to be covered) may be used. The restrictive statement with the description of the areas of consideration is as follows (also see NOTE pertaining to IRC 6511(c) restriction at IRM 25.6.22.8.15 (1), Examples):

Tiered S Corporations/Partnerships (ILSC Tiers) — Problems can be encountered when a partner of a partnership is another partnership (a tier partnership) or an S corporation. Care must be taken to assure that consents are secured from the right parties and the restricted consent properly identifies the entity from which an adjustment will pass.

Partner Consent (Investor in TEFRA Partnership) — Consents at the partner level to extend the time to assess tax attributable to items of a TEFRA partnership will contain specific wording.