1999 Chief Counsel's
Written Determinations
199905000 to 199909999
Taxpayer-specific rulings or determinations are written memoranda furnished by the
IRS National Office in response to requests by taxpayers under published annual
guidelines. Technical advice memoranda are written memoranda furnished by the
National Office of the IRS upon request of a district director or chief appeals officer
pursuant to annual review procedures. Chief Counsel advice are written advice or
instructions prepared by the Office of Chief Counsel and issued to field or service
center employees of the IRS or Office of Chief Counsel.
It is important to note that pursuant to 26 USC § 6110(j)(3), such items cannot be
used or cited as precedent.
All files below are in the Adobe Acrobat PDF Format.
| 199909062(PDF, 38K) |
3/16/1999 |
| September 10, 1998, by which you forwarded a request from a revenue agent for clarification of advice that our office had previously provided in connection with the State and Local Government Employer Compliance Initiative. |
| 199909061(PDF, 18K) |
3/16/1999 |
| Issue: Whether a third party who advances funds to the taxpayer has priority over federal tax liens. |
| 199909039(PDF, 7K) |
2/28/1999 |
| Documents That Must Be Forwarded to the Criminal Tax Division for Review and Reconciliation The purpose of this memorandum is to remind you of those items requiring National Office coordination in light of the recent Notice concerning Reconciliation of Disagreements Between Offices. |
| 199909038(PDF, 11K) |
3/16/1999 |
| July 31, 1998, requesting rulings under § 355 of the Code with respect to a proposed transaction. |
| 199909037(PDF, 17K) |
2/28/1999 |
| October 7, 1998 letter, and prior correspondence from your authorized representative requesting a ruling on the application of the generation-skipping transfer tax with respect to a proposed transaction. |
| 199909036(PDF, 7K) |
2/28/1999 |
| September 11, 1998, that was submitted by your representative and which requests relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199909035(PDF, 7K) |
2/28/1999 |
| November 2, 1998, written on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199909034(PDF, 14K) |
2/28/1999 |
| March 19, 1998, requesting a ruling concerning the application of § 2632 of the Internal Revenue Code. |
| 199909033(PDF, 11K) |
2/28/1999 |
| June 4, 1998, concerning the federal income tax consequences of a proposed transaction. Additional information was submitted on August 5, 1998, September 17, 1998, October 28, 1998, November 4, 1998, November 17, 1998, and December 3, 1998. |
| 199909032(PDF, 16K) |
3/1/1999 |
| Request for rulings concerning the Interest on Lawyer Trust Account (IOLTA) program of State. This ruling request was submitted on behalf of the Foundation, Client, Law Firm, and the Financial Institution. |
| 199909031(PDF, 11K) |
3/1/1999 |
| June 9, 1998, requesting a ruling as to the federal income tax consequences of a proposed transaction. |
| 199909030(PDF, 13K) |
3/1/1999 |
| July 1, 1998, requesting an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Additional information was received in a letter dated September 23, 1998. |
| 199909029(PDF, 14K) |
3/1/1999 |
| April 13, 1998, requesting a ruling as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated November 3, 12, 17, 20, and 23, 1998. |
| 199909028(PDF, 7K) |
3/1/1999 |
| Responds to a letter from your authorized representative dated July 10, 1998, and received August 17, 1998, as well as subsequent correspondence, submitted on behalf of Company, requesting a ruling that the rental income received by Company from the Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i). |
| 199909027(PDF, 14K) |
3/1/1999 |
| July 29, 1998, request for rulings as to the federal income tax consequences of a proposed transaction. You submitted additional information in letters dated October 6, November 13, and November 25, 1998. |
| 199909026(PDF, 9K) |
2/28/1999 |
| September 24, 1998 letter, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199909025(PDF, 15K) |
2/28/1999 |
| November 6, 1998, and prior correspondence, written on behalf of LLC, requesting rulings under § 704(c) of the Internal Revenue Code. |
| 199909024(PDF, 14K) |
2/28/1999 |
| March 13, 1998, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i)(1)(iii)(A)(2) of the Income Tax Regulations. |
| 199909023(PDF, 10K) |
2/28/1999 |
| June 8, 1998, written on behalf of Company, requesting relief under § 1362(f) of the Internal Revenue Code for an inadvertent termination of Company's status as an S corporation. |
| 199909022(PDF, 7K) |
2/28/1999 |
| July 13, 1998, written on behalf of X, requesting a ruling that X be given an extension of time to elect to be treated as a partnership for federal tax purposes for its taxable year beginning D2. |
| 199909021(PDF, 26K) |
2/28/1999 |
| Issue: Whether certain expenses are specified liability losses within the meaning of § 172(f)(1) and, therefore, eligible for a ten-year net operating loss carryback period rather than the generally applicable three-year period. |
| 199909020(PDF, 17K) |
2/28/1999 |
| May 27, 1998 for a ruling as to the federal tax consequences of a proposed transaction. Additional information was submitted on November 3, 1998, November 6, 1998, November 18, 1998, November 20, 1998, and November 24, 1998. |
| 199909019(PDF, 6K) |
2/28/1999 |
| July 10, 1998, written on behalf of X, requesting a ruling that X's S corporation status will be effective as of D1. |
| 199909018(PDF, 57K) |
2/28/1999 |
| This Field Service Advice responds to your memorandum dated December 2, 1997. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be cited as precedent. |
| 199909017(PDF, 6K) |
2/28/1999 |
| July 28, 1998, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199909016(PDF, 21K) |
2/28/1999 |
| July 27, 1998, and prior correspondence submitted on behalf of Trust, in which you request rulings on the application of the gift, estate, and generation-skipping transfer tax to certain powers created under Trust. |
| 199909015(PDF, 13K) |
2/28/1999 |
| July 27, 1998, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 199909014(PDF, 12K) |
2/28/1999 |
| Requested rulings regarding your purchase of gas properties. |
| 199909013(PDF, 15K) |
2/28/1999 |
| September 19, 1997, and subsequent correspondence, requesting a ruling that 1) the management of Property by Entity constitutes an essential governmental function of Tribe within the meaning of § 7871(e) of the Internal Revenue Code; and 2) Entity's purchase of diesel and gasoline fuels for use in the management of Property is exempt from excise taxes imposed under § 4081(a). |
| 199909012(PDF, 15K) |
2/28/1999 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199909011(PDF, 7K) |
2/28/1999 |
| August 21, 1998, written on behalf of X, requesting a waiver of the five-year waiting period imposed by § 1361(b)(3)(D) of the Internal Revenue Code to permit X to make a Qualified Subchapter S Subsidiary election under § 1361(b). |
| 199909010(PDF, 14K) |
2/28/1999 |
| April 17, 1998, and subsequent correspondences, submitted on behalf of Company, requesting rulings under §§ 1362(f) and 1361(d) of the Internal Revenue Code. |
| 199909009(PDF, 10K) |
2/28/1999 |
| June 5, 1998, requesting an extension of time, under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations, for Parent and Sub to make an election to file a consolidated federal income tax return, with Parent as the common parent, under § 1.1502-75(a) (1) of the Income Tax Regulations, for their taxable year ended on Date Y (the "election"). |
| 199909008(PDF, 13K) |
2/28/1999 |
| March 12, 1998, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i)(1)(iii)(A)(2) of the Income Tax Regulations. |
| 199909007(PDF, 44K) |
2/28/1999 |
| Issues: (1) Whether P is treated as a dealer in securities for purposes of Internal Revenue Code § 475. (2) Whether P properly elected out of the customer paper and negligible sales exceptions.(3) Whether P complied with the identification rules of Holding 15 of Rev. Rul. 97-39, 1997-39 I.R.B.(4) (4) Whether P is required to value each security on an individual basis for purposes of § 475.(5) If P employs the mark to market method to value the securities (debts) at issue, whether P can also potentially claim a bad debt deduction under § 166.(6) Whether the mark to market method overrides the specific identification method for bad debts.(7) If P has marked down a debt and then subsequently recovers more of the debt than its remaining basis, whether the amount in excess of basis should be included in ordinary income. |
| 199909006(PDF, 13K) |
2/28/1999 |
| Request of Taxpayer, dated March 12, 1998, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i)(1)(iii)(A)(2) of the Income Tax Regulations. |
| 199909005(PDF, 101K) |
2/28/1999 |
| Issue: Whether § 482 may be applied between the taxpayer and the other parties to the transaction during the taxpayer's taxable years W, X, Y, and Z, and if so, what are the consequences. |
| 199909004(PDF, 34K) |
2/28/1999 |
| Issues: (1) Does USP's activity of purchasing and holding stocks and securities for a two to six year period constitute the conduct of a trade or business that may be attributed to FC, and if so, was such business conducted or deemed conducted in the United States? (2) Are gains from the disposition of USP's investment taxable to FC in the United States? |
| 199909003(PDF, 32K) |
2/28/1999 |
| Issues: (1) Is Taxpayer required to use the accrual method to account for the purchase and sale of used automobiles? (2) Are Taxpayer's transfers of customer notes to Company sales or financings?(3) If the transfers described in issue(2) are sales, what are the amounts realized? |
| 199909002(PDF, 44K) |
3/16/1999 |
| Issues: (1) Are Taxpayer's transfers of customer notes to Company sales or financings? (2) If the transfers described in Issue (1) are sales, what are the amounts realized?(3) How is Taxpayer required to treat the nonrefundable enrollment fee paid to Company?(4) Did Taxpayer make an unauthorized change of accounting method by making an election under § 1.475(c)-(1)(b) (4)(i) of the Income Tax Regulations without consent of the Commissioner and while under examination?(5) Assuming that Taxpayer could make the election under § 1.475(c)-(1)(b)(4)(i) of the regulations, how should Taxpayer's customer notes, transferred to Company, be valued by Taxpayer? |
| 199909001(PDF, 12K) |
2/28/1999 |
| Issue: For estate tax purposes, what is the proper method for valuing lottery winnings that are payable over a specified period to a partnership? |
| 199908037(PDF, 24K) |
2/21/1999 |
| Issue: Whether the Service can adjust the eligible basis in the taxpayer's first open year, thereby requiring recapture of the accelerated amount of low-income housing credit pursuant to § 42(j)(1) in that year. |
| 199908036(PDF, 17K) |
2/23/1999 |
| April 30, 1998 requesting a ruling as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated September 14, October 6, October 28, November 19, November 20, November 23, November 24, November 25 and November 27, 1998. |
| 199908035(PDF, 6K) |
2/21/1999 |
| June 15, 1998, written on behalf of X, and additional information submitted, requesting a ruling that X's S corporation status will be effective as of D1. |
| 199908034(PDF, 6K) |
2/21/1999 |
| July 22, 1998 ruling request submitted by you on behalf of X requesting relief under § 1362(b) (5) of the Internal Revenue Code. |
| 199908033(PDF, 9K) |
2/21/1999 |
| Requesting a ruling concerning the gift tax consequences of a proposed termination of a marital trust for which a deduction was allowed under § 2056(b)(7) of the Internal Revenue Code. |
| 199908032(PDF, 15K) |
2/21/1999 |
| July 17, 1998, in which you request rulings on behalf of Trustors 1 and 2 concerning the application of § 2702 of the Internal Revenue Code to Trusts 1 and 2. |
| 199908031(PDF, 8K) |
2/21/1999 |
| September 14, 1998, in which you requested a ruling under § 2652 of the Internal Revenue Code and § 301.9100-1 of the Procedure and Administration Regulations. |
| 199908030(PDF, 8K) |
2/21/1999 |
| August 27, 1998, that X be given an extension of time in which to elect to treat Y as a qualified subchapter S subsidiary under § 1361(b)(3) of the Internal Revenue Code. |
| 199908029(PDF, 8K) |
2/21/1999 |
| June 26, 1998, requesting that Individual A be granted an extension of time under Treasury Regulation § 301.9100-3 to submit a ruling request provided by Internal Revenue Code § 877(c) and § IV of Notice 97-19, 1997-1 C.B. 394, as modified by Notice 98-34, I.R.B. 1998-27, 30. |
| 199908028(PDF, 8K) |
2/21/1999 |
| July 22, 1998, requesting that Individual A be granted an extension of time under Treasury Regulation § 301.9100-3 to submit a ruling request provided by Internal Revenue Code § 877(c) and § IV of Notice 97-19, 1997-1 C.B. 394, as modified by Notice 98-34, I.R.B. 1998-27, 30. |
| 199908027(PDF, 8K) |
2/21/1999 |
| June 26, 1998, requesting that Individual A be granted an extension of time under Treasury Regulation § 301.9100-3 to submit a ruling request provided by Internal Revenue Code § 877(c) and § IV of Notice 97-19, 1997-1 C.B. 394, as modified by Notice 98-34, I.R.B. 1998-27, 30. |
| 199908026(PDF, 15K) |
2/21/1999 |
| August 7, 1998, for rulings relating to the federal income tax consequences of a proposed transaction. |
| 199908025(PDF, 5K) |
2/21/1999 |
| August 17, 1998 and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. August 17, 1998 and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199908024(PDF, 13K) |
2/21/1999 |
| September 11, 1998, submitted by your authorized representative, requesting (1) rulings on the allocation of the generation-skipping transfer tax (GSTT) exemption under § 2632 of the Internal Revenue Code, and (2) an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a "reverse" qualified terminable interest property (QTIP) election under § 2652(a)(3). |
| 199908023(PDF, 14K) |
2/21/1999 |
| May 22, 1998, submitted on behalf of the Company, a State A corporation that has elected to be taxable as a real estate investment trust (REIT) pursuant to § 856(c)(1) of the Code. |
| 199908022(PDF, 19K) |
2/21/1999 |
| October 27, 1998 letter, and prior correspondence, from your authorized representative requesting gift, estate, and generation-skipping transfer tax rulings concerning a proposed transaction. |
| 199908021(PDF, 7K) |
2/23/1999 |
| July 23, 1998, submitted on behalf of Taxpayer for an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to complete its compliance with the requirements of Rev. Proc. 97-18, 1997-1 C.B. 642. |
| 199908020(PDF, 7K) |
2/21/1999 |
| August 7, 1998 letter and other correspondence in which you requested a ruling on the application of the generation-skipping transfer tax. |
| 199908019(PDF, 7K) |
2/21/1999 |
| August 7, 1998 letter and other correspondence in which you requested a ruling on the application of the generation-skipping transfer tax. |
| 199908018(PDF, 8K) |
2/21/1999 |
| September 23, 1998, on behalf of County, pertaining to the exclusion from gross income of line of duty disability benefits paid to disabled employees under the Plan. |
| 199908017(PDF, 11K) |
2/21/1999 |
| June 30, 1998, in which you requested a ruling under § 2652 of the Internal Revenue Code and § 301.9100-1 of the Procedure and Administration Regulations. |
| 199908016(PDF, 13K) |
2/21/1999 |
| Request of Date B, as supplemented, submitted by Reinsurers D and E (Taxpayers) as to the federal tax consequences of a proposed assumption reinsurance of certain annuity and life insurance contracts issued by Company A. |
| 199908015(PDF, 9K) |
2/21/1999 |
| July 29, 1998, concerning the federal income tax treatment of certain survivor benefit payments of the Plan under § 104(a)(1) of the Internal Revenue Code. |
| 199908014(PDF, 7K) |
2/21/1999 |
| August 7, 1998 letter and other correspondence in which you requested a ruling on the application of the generation-skipping transfer tax. |
| 199908013(PDF, 11K) |
2/21/1999 |
| Ruling request of Date B, as supplemented, submitted by the Commissioner of Insurance of State C as Ancillary Receiver of Company A regarding the federal tax treatment under the Internal Revenue Code of certain transactions described below. |
| 199908012(PDF, 6K) |
2/21/1999 |
| February 12, 1997, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199908011(PDF, 5K) |
2/23/1999 |
| August 31, 1998 and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199908010(PDF, 16K) |
2/21/1999 |
| July 17, 1998, submitted on behalf of Distributing, requesting rulings concerning the federal income tax consequences of proposed transactions. Additional information was submitted in letters dated August 26, September 15 and 28, October 13 and 15, and November 2, 1998. |
| 199908009(PDF, 25K) |
2/21/1999 |
| Issue: Whether interest on the fraud penalty, which runs from the due date of the return with extensions, may be deducted as an administrative expense under § 2053(a) of the Internal Revenue Code,. |
| 199908008(PDF, 9K) |
2/23/1999 |
| June 2, 1998, as well as subsequent correspondence, submitted on behalf of Company, requesting a ruling that the rental income received by Company from Properties 1 and 2 is not passive investment income within the meaning of § 1362(d)(3)(C)(i). |
| 199908007(PDF, 9K) |
2/21/1999 |
| August 10, 1998, requesting that Taxpayer and its consolidated subsidiaries, including Corp T, be granted an extension of time under Treasury Regulation § 301.9100-3 to file the certification described in Treas. Reg. § 1.1503- 2A(d)(3) for Tax Years #13; to replace the certification filed under Treas. Reg. § 1.1503-2A(d)(3) with the agreement described in Treas. Reg. § 1.1503-2(g)(2)(i), as provided in Treas. Reg. § 1.1503-2(h)(2)(ii), for Tax Years #13; and to file the agreement described in Treas. Reg. § 1.1503-2(g)(2)(i) for Tax Years #14. |
| 199908006(PDF, 14K) |
2/21/1999 |
| January 7, 1998, and prior correspondence, written on behalf of the, requesting rulings under § 61, 451, and 677 of the Internal Revenue Code. |
| 199908005(PDF, 51K) |
2/21/1999 |
| Issues: (1) What is the proper treatment of the tax benefits derived by P during tax years d and g from S's net operating losses -- namely, should P adjust its basis in its stock in S to account for the tax benefits the P group derived from S's losses? (2) Whether under Treasury Regulation § 1.1502-13(g)(3) S reports income in year g at the time of the worthlessness of S's debt owed to P and, if so, in what amount. |
| 199908004(PDF, 22K) |
2/21/1999 |
| Issue: Whether A-B Partnership's filing of an amended tax return for Year 1 and subsequent returns to pass through to its partners qualified research expenditures, as opposed to research credits under Internal Revenue Code § 41, is an unauthorized change in method of accounting. |
| 199908003(PDF, 29K) |
2/21/1999 |
| Issues: (1) Who is the proper party to execute Forms 2045 (Transferee Agreement) and 977 (Consent to Extend the Time to Assess Liability at Law or in Equity for Income, Gift, and Estate Tax Against a Transferee or Fiduciary) for the tax liabilities of the Corp A & Subsidiaries consolidated group for its taxable years 1 and 2? (2) Who is the proper party to execute Forms 872 (Consent to Extend the Time to Assess Tax) for the Corp B & Subsidiaries consolidated group for its taxable year 3?(3) What is proper language to use on the Forms 977 and 2045 for the tax liabilities of the Corp A & Subsidiaries consolidated group's taxable years 1 and 2?(4) What is proper language to use on the Form 872 for the Corp B & Subsidiaries consolidated group's taxable year 3? |
| 199908002(PDF, 42K) |
2/21/1999 |
| Requested rulings regarding the estate, gift, and generation-skipping transfer ("GST") tax consequences, and the income tax consequences related to the creation of a charitable lead unitrust ("Trust A") and a charitable lead annuity trust ("Trust B"). Specifically, you have requested the following rulings: |
| 199908001(PDF, 5K) |
2/21/1999 |
| Issue: Whether additional charges for failure to pay a bill on time (late charges) paid by customers of cellular telephone companies are subject to the excise tax on communications services under § 4251(a)(1) of the Internal Revenue Code. |
| 199907019(PDF, 26K) |
2/16/1999 |
| Issue: Whether the notice of intent to levy required by § 6331(d) should be issued to a corporate officer rather than a person holding a power of attorney when the corporation has authorized a person to represent the corporation. |
| 199907018(PDF, 19K) |
2/12/1999 |
| Fedstate Memorandum of Understanding (MOU) Between Kentucky-Tennessee Housing Authority This office has reviewed the proposed MOU between Kentucky-Tennessee District and Tennessee Housing Authority which was attached to your December 4, 1998 memorandum to the Special Counsel (Modernization and Strategic Planning). |
| 199907017(PDF, 26K) |
2/12/1999 |
| Issue: Whether the Privacy Act permits the local union vice-president to receive a copy of a weekly adjustment report which identifies the adjustments made to employee measurements in order to effectuate the Total Evaluation Performance System (TEPS) agreement between the Service and the NTEU. |
| 199907016(PDF, 23K) |
2/12/1999 |
| Proofs of Claim in Mississippi Bankruptcy Cases by way of a General Litigation Transmittal Memorandum dated September 16, 1998, your office asked for our review of your September 11, 1998, Memorandum to District Director regarding proofs of claim in Mississippi bankruptcy cases. |
| 199907015(PDF, 9K) |
2/16/1999 |
| September 8, 1998 letter, and prior correspondence, from your authorized representative requesting rulings on the generation-skipping transfer tax consequences with respect to a proposed transaction. |
| 199907014(PDF, 14K) |
2/12/1999 |
| March 12, 1998, requesting, on behalf of your clients identified above, an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to make a required filing. |
| 199907013(PDF, 9K) |
2/12/1999 |
| July 22, 1998, written on behalf of Trust requesting a ruling that certain provisions of Trust comply with the requirements for a charitable remainder unitrust under § 664 of the Internal Revenue Code. |
| 199907012(PDF, 10K) |
2/12/1999 |
| July 23, 1998, and subsequent correspondence submitted on behalf of X by X's authorized representative, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199907011(PDF, 38K) |
2/16/1999 |
| Issues: (1) Whether Taxpayer properly elected to treat his rental real estate activities in Year 1 and Year 2 as one activity under Internal Revenue Code § 469(c)(7)(A) and Treasury Regulation § 1.469-9(g). (2) If Taxpayer did not make a proper election under § 469(c)(7)(A), whether he substantially complied with the provisions of Treas. Reg. § 1.469-9(g) in Year 1 and Year 2, entitling him to treat his rental real estate activities as one activity under § 469(c) (7)(A).(3) If Taxpayer did not make a proper election under § 469(c)(7)(A) and has not substantially complied with Treas. Reg. §1.469-9(g), whether he can obtain a judicial extension of time to file the election for Year 1 and Year 2 without pursuing administrative relief under Treas. Reg. § 301.9100-3. |
| 199907010(PDF, 6K) |
2/12/1999 |
| July 28, 1998, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199907009(PDF, 10K) |
2/12/1999 |
| Requesting inadvertent termination relief under § 1362(f) of the Internal Revenue Code. |
| 199907008(PDF, 9K) |
2/12/1999 |
| May 6, 1997, and subsequent correspondence from your authorized representative, in which a ruling was requested concerning the federal generation-skipping transfer tax consequences of a Court Order construing Trust. |
| 199907007(PDF, 37K) |
2/12/1999 |
| July 29, 1998 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199907006(PDF, 8K) |
2/12/1999 |
| July 29, 1998 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199907005(PDF, 15K) |
2/16/1999 |
| April 9, 1998, requesting, on behalf of the taxpayers identified above, an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 199907004(PDF, 34K) |
2/16/1999 |
| August 6, 1998. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be relied upon or otherwise cited as precedent. |
| 199907003(PDF, 37K) |
2/12/1999 |
| July 1, 1998. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be cited as precedent. |
| 199907002(PDF, 37K) |
2/12/1999 |
| Issue: Whether the taxpayer is entitled to an interest deduction for the amount paid to an unrelated party under a Shadow Warrant Agreement executed in conjunction with a loan transaction between the parties. |
| 199907001(PDF, 14K) |
2/12/1999 |
| March 20, 1998, for rulings under § 368(a)(1)(C) of the Internal Revenue Code on behalf of the above-captioned taxpayers. Additional information with respect to the proposed transaction was submitted in letters dated June 17, 1998; October 13, 1998, and October 29, 1998. |
| 199906037(PDF, 6K) |
2/6/1999 |
| Issue: Whether payments Taxpayer made to independent contractors that were reportable payments under § 6041 of the Internal Revenue Code were subject to backup withholding under § 3406 of the Code. |
| 199906034(PDF, 29K) |
2/6/1999 |
| Issues: (1) Whether a telephone cooperative's receipts from the National Exchange Carrier Association (NECA) and payments for billing or collection services are member-source income, nonmember-source income or excluded income under § 501(c)(12)(A) and (B)? (2) Whether a telephone cooperative's receipts from NECA and payments for billing and collection are member or nonmember source income for purposes of computing the net margin attributable to members under § 4251? |
| 199906033(PDF, 18K) |
2/6/1999 |
| Issues: (1) When property is purchased at a nonjudicial foreclosure by more than one purchaser and the Internal Revenue Service is unable to demonstrate that the purchasers are acting in partnership, must the Service redeem each purchaser's interest in the property through separate tender of redemption funds? (2) If the Service redeems from at least one purchaser, but fails to redeem from all purchasers having an interest in property within the statutory redemption period, does the Service acquire a partial interest in the property?(3) If a partial interest is obtained, may the government seek judicial sale of the property (i.e., a suit for partition) in order to realize the value of its interest?(4) May the Service tender redemption funds to a designated agent of the purchaser(s)?(5) If the Service may tender redemption funds to an agent, what evidence of agency should be required?(6) Is the successful evasion of the Service's diligent attempts to tender a redemption check the equivalent of a refusal to accept tender? |
| 199906032(PDF, 23K) |
2/6/1999 |
| November 3, 1998. You requested that we review the draft letter with attachments from the District Director, Pennsylvania District, regarding a request for support from the Commonwealth of Pennsylvania (Commonwealth or Pennsylvania) for a change in current state law to allow for the electronic filing of federal liens. |
| 199906031(PDF, 30K) |
2/8/1999 |
| Issue: Whether the statute of limitations under Code § 6501(a) is open with respect to a taxpayer who is a U.S. citizen and also a bona fide resident of the United States Virgin Islands ("USVI") and who timely filed a USVI tax return for Year B but failed to report on that return income from U.S. sources. |
| 199906030(PDF, 31K) |
2/6/1999 |
| Anti-Gratuity Statute - 18 U.S.C. § 201(c)(2) In light of recent court decisions concerning the applicability of the anti-gratuity statute to government agents, this memorandum provides an analysis of 18 U.S.C. § 201(c)(2) and a review of those decisions and their legal import. |
| 199906029(PDF, 21K) |
2/6/1999 |
| Recent Case Law Analyzing 18 U.S.C. § 371 This memorandum provides analysis and review of two recent court decisions which examine 18 U.S.C. § 371, conspiracy to impede the Internal Revenue Service in the lawful collection of revenue. |
| 199906028(PDF, 39K) |
2/6/1999 |
| June 19, 1998, submitted on behalf of Company, by your authorized representatives requesting rulings concerning the application of the Internal Revenue Code to a transaction described below. |
| 199906027(PDF, 11K) |
2/6/1999 |
| October 14, 1998, written on behalf of X, requesting a ruling that the termination of X's S corporation status was an inadvertent termination under § 1362(f) of the Internal Revenue Code. |
| 199906026(PDF, 23K) |
2/6/1999 |
| Issue: Whether a business that receives reimbursements for flood insurance premiums may deduct its payment of those premiums as a trade or business expense under Internal Revenue Code § 162 in the taxable year in which paid or incurred, and whether it must include the reimbursement of its premiums in income. |
| 199906025(PDF, 18K) |
2/6/1999 |
| November 12, 1998, and prior correspondence, requesting rulings under §§ 752 and 465 of the Internal Revenue Code regarding Partnership's proposal to issue a single loan and use the proceeds to pay some of Partnership's outstanding debt obligations. |
| 199906024(PDF, 15K) |
2/6/1999 |
| July 16, 1998 ruling request, submitted on behalf of Company, concerning whether Company may be given an extension of time in which to elect to treat Subsidiary as a qualified subchapter S subsidiary (QSSS) under § 1361(b)(3)(B) of the Internal Revenue Code. |
| 199906023(PDF, 7K) |
2/6/1999 |
| May 26, 1998, on behalf of County, concerning the federal income tax treatment of certain disability benefits paid pursuant to the Plan. |
| 199906022(PDF, 6K) |
2/8/1999 |
| April 28, 1998, requesting rulings as to certain income tax consequences of a proposed transaction. Additional information was submitted in letters dated July 1, 1998, August 17, 1998, October 13, 1998, and November 16, 1998. |
| 199906021(PDF, 13K) |
2/6/1999 |
| July 13, 1998 and other correspondence, asking the Internal Revenue Service to rule on the transaction described below (the Proposed Transaction). |
| 199906020(PDF, 6K) |
2/6/1999 |
| August 24, 1998, submitted by your authorized representative on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199906019(PDF, 8K) |
2/6/1999 |
| August 7, 1998, written on behalf of X, in which a ruling was requested that X be given an extension of time in which to elect to treat two subsidiaries, Z1 and Z2, as qualified subchapter S subsidiaries (QSSSs) under § 1361(b)(3)(B) of the Internal Revenue Code. |
| 199906018(PDF, 7K) |
2/8/1999 |
| June 22, 1998, seeking consent to revoke, for Year a and subsequent calendar years, elections previously made by Funds A, B, C, and D (collectively, "the Funds") under § 4982(e)(4)(A) of the Internal Revenue Code. |
| 199906017(PDF, 8K) |
2/6/1999 |
| July 20, 1998 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199906016(PDF, 11K) |
2/6/1999 |
| August 12, 1997, and subsequent correspondence, requesting a ruling regarding the application of § 953 and 1503 of the Internal Revenue Code. |
| 199906015(PDF, 17K) |
2/6/1999 |
| February 12, 1998, submitted on behalf of the Trustee by your authorized representative, requesting a ruling on the income tax consequences relating to the Trust under §§ 61, 671, 673, and 677 of the Internal Revenue Code. |
| 199906014(PDF, 15K) |
2/8/1999 |
| Requesting rulings concerning the application of § 2702 of the Internal Revenue Code to the Trust. |
| 199906013(PDF, 6K) |
2/6/1999 |
| Requests relief under §1362(b)(5) of the Internal Revenue Code. |
| 199906012(PDF, 9K) |
2/6/1999 |
| June 25, 1998, and supplemental correspondence that was submitted by your authorized representative requesting a ruling concerning the federal income tax consequences of a proposed contribution of property to a partnership. |
| 199906011(PDF, 15K) |
2/8/1999 |
| September 28, 1998, requesting a ruling on behalf of Estate regarding a proposed reformation of Trust pursuant to § 2055(e)(3) of the Internal Revenue Code. |
| 199906010(PDF, 9K) |
2/6/1999 |
| September 3, 1998 letter, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199906009(PDF, 6K) |
2/6/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199906008(PDF, 16K) |
2/6/1999 |
| Request for a ruling submitted on behalf of the Employer regarding the federal income tax consequences under § 83, 402, 404, 451, 671, and 677 of the Internal Revenue Code with respect to the Employer's nonqualified deferred compensation Plan ("Plan") and the Plan's related Trust ("Trust"). |
| 199906007(PDF, 10K) |
2/6/1999 |
| February 10, 1998 requesting a ruling as to the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated June 5, 1998, September 16, 1998, September 28, 1998, and October 1, 1998. |
| 199906006(PDF, 10K) |
2/6/1999 |
| October 28, 1998, and prior correspondence on behalf of the Decedent's estate, requesting an extension of time under § 301.9100-1T of the Temporary Procedure and Administration Regulations to make a "reverse" qualified terminable interest property (QTIP) election under § 2652(a)(3) of the Internal Revenue Code and to sever a trust under § 26.2654-1(b) of the Generation- Skipping Transfer Tax (GSST) Regulations. |
| 199906005(PDF, 6K) |
2/6/1999 |
| June 24, 1998, and subsequent correspondence, requesting a ruling that Company be given an extension of time to file an election to treat Subsidiary as a qualified subchapter S subsidiary (QSSS) under § 1361(b)(3)(B) of the Internal Revenue Code. |
| 199906004(PDF, 9K) |
2/6/1999 |
| Request for a letter ruling dated July 15, 1998, regarding the taxation of a payment you will receive from the Fund. Additional information was submitted in letters dated August 3, 1998 and September 18, 1998. |
| 199906003(PDF, 12K) |
2/6/1999 |
| March 23, 1998, and subsequent correspondence, in which rulings were requested concerning the gift, estate, and generation-skipping transfer tax consequences of a partial release of a testamentary special power of appointment. |
| 199906002(PDF, 14K) |
2/6/1999 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199906001(PDF, 9K) |
2/6/1999 |
| Issues: (1) Whether amounts paid to Tribal Council Members for services performed as Tribal Council Members are "wages" for purposes of the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), and Collection of Income tax at Source on Wages. (2) Whether Tribal Council Members are employees when providing services as Tribal Council Members for all purposes of the Internal Revenue Code, including Code § 105 (amounts received under accident and health plans), Code § 132 (certain fringe benefits), as well as the § found in Subchapter D of Chapter 1 of Subtitle A (deferred compensation). |
| 199905040(PDF, 40K) |
1/29/1999 |
| Memorandum supersedes LGM TL-81 (Rev. March 7, 1991), updating the discussion of the appropriate statute of limitations governing TEFRA proceedings to take into account recent developments in the case law. |
| 199905021(PDF, 23K) |
1/29/1999 |
| Request for Advice: Application of Payments Made Pursuant to Installment Agreements This memorandum is in response to your request for post-review of a memorandum regarding the right of taxpayers to designate payments made pursuant to an installment agreement. |
| 199905018(PDF, 19K) |
1/29/1999 |
| April 14, 1998, and the supplemental submission dated July 10, 1998, requesting a ruling that X qualifies as an insolvent insurance company within the meaning of § 1.848-2(i)(4)(v) of the Income Tax Regulations and, therefore, that the joint election under that provision is available to X and Z, respectively. |
| 199905017(PDF, 7K) |
1/29/1999 |
| May 27, 1998, requesting a ruling, on behalf of the above-referenced taxpayer, as to the federal income tax consequences of a transaction. |
| 199905016(PDF, 6K) |
1/29/1999 |
| August 17, 1998, written on behalf of X, requesting a ruling that X's S corporation status will be effective as of D1. |
| 199905015(PDF, 7K) |
1/29/1999 |
| Requesting rulings under § 72(u)(1) and 72(e)(4)(C) of the Internal Revenue Code regarding certain deferred annuity contracts purchased by Trust. |
| 199905014(PDF, 40K) |
1/29/1999 |
| This Field Service Advice responds to your memorandum dated October 1, 1998. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. |
| 199905013(PDF, 9K) |
1/29/1999 |
| October 21, 1998, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199905012(PDF, 13K) |
1/29/1999 |
| June 17, 1998, requesting rulings under § 280G of the Internal Revenue Code. |
| 199905011(PDF, 10K) |
1/29/1999 |
| June 18, 1998, submitted on behalf of X, requesting a ruling under § 1361 of the Internal Revenue Code. |
| 199905010(PDF, 20K) |
1/29/1999 |
| Request for rulings and subsequent correspondence submitted on your behalf by your authorized representative. |
| 199905009(PDF, 8K) |
2/2/1999 |
| June 12, 1998, requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make an allocation of Grantor's and Spouse's remaining Generation Skipping Transfer Tax exemption to an irrevocable trust. |
| 199905008(PDF, 50K) |
2/2/1999 |
| Issues: Whether S1 properly calculated its basis in the S2 stock it received from S2, in exchange for the S4 note, the S3 stock and the assumption by S2 of the contingent liabilities, for purposes of determining the amount of its loss on the subsequent sale of its S2 stock to an unrelated party. More specifically, whether the Service can apply Internal Revenue Code § 357(b) to reduce S1's basis in the S2 stock it received in the initial exchange. |
| 199905007(PDF, 18K) |
1/29/1999 |
| Issue: Whether S's alleged "sales" of the Distributed Assets to P are, in substance, dividend distributions to P. |
| 199905006(PDF, 11K) |
1/29/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS X was incorporated on Date (1) The shareholders of X desired that X elect S corporation treatment, effective Date 1, but the election was not timely filed. |
| 199905005(PDF, 34K) |
2/2/1999 |
| Issue: Whether Taxpayer's failure to file Forms 1042 and 1042S and failure to make deposits of withholding tax was due to reasonable cause and not to willful neglect. |
| 199905003(PDF, 9K) |
1/29/1999 |
| Supplemental ruling you submitted in a letter dated June 26, 1998 on behalf of Corporation C concerning the tax law impact of C's proposed election of the participation option relating to certain group annuity contracts. |
| 199905002(PDF, 26K) |
2/2/1999 |
| This Field Service Advice responds to your memorandum dated June 8, 1998. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. |
| 199905001(PDF, 26K) |
1/29/1999 |
| Issues: (1) Whether modified language recommended by this office should be substituted in consistent agreements previously executed by taxpayers but not yet countersigned for the Commissioner. (2) Whether an agreement entered into using the modified language recommended by this office constitutes a consistent agreement.(3) Whether agreeing to an oral request for consistent agreement constitutes a new original settlement for purposes of allowing a new consistent settlement period. |
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