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Title 26 — Internal Revenue CodeRelease 119-73not60

§6231 Notice of Proceedings and Adjustment

Title 26 › Subtitle Subtitle F— Procedure and Administration › Chapter 63— ASSESSMENT › Subchapter C— Treatment of Partnerships › Part III— PROCEDURE › § 6231

Last updated Apr 5, 2026|Official source

Summary

The Secretary must mail the partnership and its representative three kinds of notices: that a partnership-level proceeding has started about an adjustment, a proposed partnership adjustment, and a final partnership adjustment. The proposed-adjustment notice must be mailed no later than the date set under section 6235 (ignoring the parts noted in that section). Unless the partnership agrees to give up the wait, the final-adjustment notice cannot be mailed sooner than 270 days after the proposed notice. See section 6235 for time limits. If a final notice is mailed and the partnership files a petition under section 6234, the Secretary may not send another final notice for that year unless fraud, wrongdoing, or a false statement about an important fact is shown. With the partnership’s consent, the Secretary may cancel any notice; a canceled notice is not treated as a notice for these rules and the taxpayer cannot bring a section 6234 proceeding about it.

Full Legal Text

Title 26, §6231

Internal Revenue Code — Source: USLM XML via OLRC

(a)The Secretary shall mail to the partnership and the partnership representative—
(1)notice of any administrative proceeding initiated at the partnership level with respect to an adjustment of any partnership-related item for any partnership taxable year, or any partner’s distributive share thereof,
(2)notice of any proposed partnership adjustment resulting from such proceeding, and
(3)notice of any final partnership adjustment resulting from such proceeding.
(b)(1)Any notice of a proposed partnership adjustment shall not be mailed later than the date determined under section 6235 (determined without regard to paragraphs (2) and (3) of subsection (a) thereof).
(2)(A)Except to the extent that the partnership elects to waive the application of this subparagraph, any notice of a final partnership adjustment shall not be mailed earlier than 270 days after the date on which the notice of the proposed partnership adjustment is mailed.
(B)For the period of limitations on making adjustments, see section 6235.
(c)If the Secretary mails a notice of a final partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under section 6234 with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not mail another such notice to such partnership with respect to such taxable year.
(d)The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment mailed to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment for purposes of this subchapter, and the taxpayer shall have no right to bring a proceeding under section 6234 with respect to such notice.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6231, added Pub. L. 97–248, title IV, § 402(a), Sept. 3, 1982, 96 Stat. 663; amended Pub. L. 98–369, div. A, title VII, § 714(p)(2)(B)–(D), (I),
July 18, 1984, 98 Stat. 964, 965; Pub. L. 105–34, title XI, § 1141(b), title XII, §§ 1232(a), 1234(a), Aug. 5, 1997, 111 Stat. 981, 1023, 1024; Pub. L. 105–206, title III, § 3507(a),
July 22, 1998, 112 Stat. 772; Pub. L. 107–147, title IV, §§ 416(d)(1)(C), 417(19)(C), Mar. 9, 2002, 116 Stat. 55, 57, defined terms for purposes of this subchapter and listed special rules for partnership items, prior to repeal by Pub. L. 114–74, title XI, § 1101(a), Nov. 2, 2015, 129 Stat. 625.

Amendments

2018—Subsec. (a). Pub. L. 115–141, § 206(h)(2), substituted “Any notice of a final partnership adjustment” for “Any notice of a final partnership adjustment shall not be mailed earlier than 270 days after the date on which the notice of the proposed partnership adjustment is mailed. Such notices” in concluding provisions. Subsec. (a)(1). Pub. L. 115–141, § 201(c)(6), substituted “any partnership-related item for any partnership taxable year” for “any item of income, gain, loss, deduction, or credit of a partnership for a partnership taxable year”. Subsecs. (b) to (d). Pub. L. 115–141, § 206(h)(1), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–141 effective as if included in section 1101 of Pub. L. 114–74, see section 207 of Pub. L. 115–141, set out as a note under section 6031 of this title.

Effective Date

Section applicable to returns filed for partnership taxable years beginning after Dec. 31, 2017, with certain exceptions, see section 1101(g) of Pub. L. 114–74, set out as a note under section 6221 of this title. Special Rule for Certain International Satellite Partnerships Pub. L. 97–248, title IV, § 406, Sept. 3, 1982, 96 Stat. 670, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “[Former] Subchapter C of chapter 63 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to tax treatment of partnership items), section 6031 of such Code (relating to returns of partnership income), and section 6046A of such Code (relating to returns as to interest in foreign partnerships) shall not apply to the International Telecommunications Satellite Organization, the International Maritime Satellite Organization, and any organization which is a successor of either of such organizations.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 6231

Title 26 — Internal Revenue Code

Last Updated

Apr 5, 2026

Release point: 119-73not60