is required not only when the taxpayer disagrees with the amounts reported on the Schedule K-1 but also if the partnership has not filed a tax return or issued a Schedule K-1 by the time the individual must file his or her tax return (including extensions), as may be the case with a fund that, as a result of its Madoff and/or other losses and/or investor lawsuits, is unable to timely file its tax return.
Attaching to that original or amended return and to the returns for every other year of the spread period a completed Form 8082
Taxpayer-initiated adjustments to filed partnership returns use Form 8082
, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR), with an essentially blank Form 1065, Return of Partnership Income, attached.
Attaching to the original or amended return for the tax year with or within which the partnership's or S corporation's short tax year ends, and to the Federal income tax returns for each tax year of the spread period, completed Form 8082
, Notice of Inconsistent Treatment or Administrative Adjustment Request, containing as an explanation in Part III, "Election under Rev.
Under these rules, the tax matters partner (TMP) must file Form 8082
, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR), on the partnership's behalf and request the Service to treat the AAR as a substituted return.
Because he had claimed to be a partner on prior returns and received a Schedule K-1 from the partnership without filing Form 8082
, Notice of Inconsistent Treatment or Administrative Adjustment Request, the taxpayer was deemed to be a partner; thus, the SOL extension applied to him.
If the supplemental information is forthcoming on a timely basis and sufficiently adequate, A will not have to file Form 8082
, Notice of Inconsistent Treatment or Administrative Adjustment Request.
She filed Form 8082, Notice of Inconsistent Treatment, because the partnership had reported the payment as a guaranteed payment to her.
Another important aspect of this decision is that the court noted that, if the partner had clearly stated on Form 8082 that she disagreed with the partnership's reporting of the payment as a guaranteed payment, a different decision might have been reached.
According to the instructions to Form 8082
, the TMP should file an amended Form 1065 with no amounts on the form itself, and should enter the following words in the top margin of the amended Form 1065: "See Attached Form 8082
for AAR per Sec.
In addition, if no partnership return has been filed and no K-1 has been received from the partnership, a partner should file a Form 8082
, Notice of Inconsistent Treatment or Amended Return (Administrative Adjustment Request (AAR)), is the form that may be used by any partner to initiate an investigation of the tax liability associated with any partnership item.