Exception Proposed to Limitations on Assessment for Listed Transactions

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IRS proposes regulations (REG-160871-04) that would implement a 2004 law to provide that the time to assess tax with regard to a listed transaction the taxpayer failed to disclose remains open if the taxpayer does not furnish the required information. IRS notes the American Jobs Creation Act added Section 6501(c)(10), providing that the period of limitations on assessment ends no earlier than one year after the earlier of the date on which the taxpayer produces the information required under the Section 6011 disclosure rules, or the date a material adviser gives the treasury secretary the information required under Section 6112 regarding the taxpayer linked to the listed transaction. If neither individual provides the requisite information, tax regarding the listed transaction may be assessed at any time, IRS says.