1999 Chief Counsel's
Written Determinations
199925000 to 199929999
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.
| 199929036(PDF, 28K) |
7/12/1999 |
| Issues: (1) May Service Centers prepare proper income tax returns from the improper returns that taxpayers file with the Service? (2) May the Service assess tax liability based on the returns it prepares without following the statutory notice of deficiency procedures under Internal Revenue Code §§ 6212 and 6213? |
| 199929035(PDF, 4K) |
7/12/1999 |
| May 5, 1999, it is our opinion that Revenue Ruling 82-49 would apply in situation. However, I would recommend that you check with in IT&A to get his views on the § 6511 issues. |
| 199929034(PDF, 40K) |
7/23/1999 |
| Accusing the Service of acting "in complete disregard for the tax code," the Fourth CInternal Revenue Codeuit granted a writ of mandamus, ordering the Service to extend a death tax credit to a decedent's estate. In the Estate of Mansy Y. Michael v. Lullo., 1999 U.S. App. LEXIS 5956 (4 th Cir. April 15, 1999), the decedent's estate filed an estate tax return which the Service audited, assessing an additional amount due. Following extensive negotiations, the Service sent a closing letter confirming the estate tax of $262,000 negotiated by the parties. The estate then provided proof of payment of taxes to the United Kingdom, and together with a small payment this credit satisfied the estate's tax liability. |
| 199929033(PDF, 9K) |
7/12/1999 |
| September 1, 1998, submitted by your authorized representative on behalf of Trust, requesting a ruling regarding the application of § 664 of the Internal Revenue Code to a proposed amendment to the governing instrument of Trust. |
| 199929032(PDF, 8K) |
7/12/1999 |
| February 25, 1999, written on behalf of Company, requesting a ruling that Company be granted an extension of time in which to elect to treat its subsidiary, Subsidiary, as a qualified subchapter S subsidiary under § 1361(b)(3) of the Internal Revenue Code. |
| 199929031(PDF, 16K) |
7/12/1999 |
| July 31, 1998 in which you requested a ruling on behalf of Parent and Sub that, under § 1504(a) (3)(B) of the Internal Revenue Code (the "Code"), the Service waive the general rule of § 1504(a)(3)(A) of the Code. Additional information was submitted in a letter dated November 2, 1998. |
| 199929030(PDF, 8K) |
7/12/1999 |
| June 9, 1998 in which you requested a ruling on behalf of Parent that, under § 1504(a)(3)(B) of the Internal Revenue Code (the "Code"), the Service waive the general rule of § 1504(a)(3)(A) of the Code. Additional information was received in letters dated September 21, 1998 and October 16, 1998. |
| 199929029(PDF, 10K) |
7/12/1999 |
| February 3, 1999, requesting a ruling on behalf of Company under § 1362(f) of the Internal Revenue Code. |
| 199929028(PDF, 19K) |
7/12/1999 |
| Reply to your letter of Date (1) You ask whether annual interest crediting rates ("Annual Rates") on flexible premium adjustable life insurance policies ("Policies") issued by the Company which come into effect after a Policy's issue date are taken into account for purposes of determining the net single premium for the Policy under § 101(f)(1)(B) or 7702(b) of the Internal Revenue Code. |
| 199929027(PDF, 13K) |
7/13/1999 |
| March 16, 1999, in which you requested rulings under §§ 2055 and 2518 of the Internal Revenue Code. |
| 199929026(PDF, 10K) |
7/12/1999 |
| December 22, 1998 request for rulings on certain federal income tax consequences of a proposed transaction. FACTS: A and B own m and n percent, respectively, of X corporation and o and p percent, respectively, of Y corporation. |
| 199929025(PDF, 19K) |
7/12/1999 |
| October 22, 1998, and supplemental correspondence, dated December 30, 1998, March 9, 1999, March 22, 1999, and April 22, 1999, in which you requested a ruling on behalf of Taxpayer. Specifically, you have requested a ruling that Decedent's interests in certain real estate and in Corporation qualify as interests in a closely held business for purposes of § 6166 of the Internal Revenue Code (Code). |
| 199929024(PDF, 34K) |
7/23/1999 |
| The Second CInternal Revenue Codeuit reversed the lower court and ruled in favor of the United States in a summons enforcement proceeding, United States v. Ackert, 1999 U.S. App. LEXIS 3129 (2d Cir. Feb. 26, 1999). An investment banking firm approached Paramount Communications with an investment proposal. The proposed transaction would generate significant capital losses, which would offset recent capital gains Paramount received from the sale of a subsidiary. Ackert, who pitched the proposal to Paramount, subsequently was contacted by Paramount's tax counsel. In conducting research to advise Paramount regarding the tax implications of the proposal, tax counsel met with and discussed details of the proposed transaction and its potential tax consequences. Paramount chose to go with the proposal, although using another investment banking firm. |
| 199929023(PDF, 10K) |
7/12/1999 |
| December 30, 1998, and subsequent correspondence, requesting a ruling on behalf of Company. You have requested a ruling that based upon the facts and representations submitted, the rents that Operating Partnership receives from a subsidiary of Newco after the spin-off of Newco from Company, but before the end of the year in which the spin-off occurs, will not be excluded from "rents from real property" under § 856(d)(1) of the Internal Revenue Code. |
| 199929022(PDF, 6K) |
7/12/1999 |
| December 28, 1998, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a in State. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation on a. |
| 199929021(PDF, 28K) |
7/12/1999 |
| Reply to a letter written on behalf of Trust 1, by its authorized representative, dated February 24, 1998, and subsequent correspondence, requesting rulings with respect to the federal tax consequences of a proposed partition of Trust 1 into three separate trusts. |
| 199929020(PDF, 6K) |
7/12/1999 |
| December 17, 1998, and subsequent correspondence, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199929019(PDF, 25K) |
7/12/1999 |
| Issue: Whether a claim for equitable relief under § 6015(f) is reviewable. |
| 199929018(PDF, 14K) |
7/12/1999 |
| October 20, 1998 in which rulings were requested as to the federal income tax consequences of a proposed transaction. Additional information was submitted with and in letters dated January 20 and 28, 1999. The information submitted for consideration is substantially as set forth below. |
| 199929017(PDF, 12K) |
7/12/1999 |
| Issue: How to apply § 382 and the consolidated return SRLY rules to the facts of this case, which involve successive ownership changes (OCs) and application of the SRLY subgroup rules. |
| 199929016(PDF, 6K) |
7/12/1999 |
| December 9, 1998, submitted by your authorized representative on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that Company's S corporation election will be effective as of the taxable year beginning D1. |
| 199929015(PDF, 23K) |
7/12/1999 |
| Issue: Whether contingent liabilities of the transferor (S1), which had not yet been taken into account by S1 on the date such liabilities were assumed by the transferee (S2) in an Internal Revenue Code § 351 exchange, are considered liabilities for purposes of I.R.C. §§ 357(c)(1) and 358(d). |
| 199929014(PDF, 6K) |
8/11/1999 |
| December 9, 1998, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. Facts X was incorporated on Date 1. |
| 199929013(PDF, 45K) |
7/12/1999 |
| Issues: (1) Whether the distribution by P of the PS stock to XS2 in exchange for all of the P stock owned by XS2 (the stock distribution) failed to qualify as a tax-free split off under Internal Revenue Code § 355 because, under the step transaction doctrine, XS2's ownership of P stock failed to satisfy the continuity of interest requirement of Treasury Regulation § 1.355-2(c). (2) Alternatively, if the stock distribution nevertheless qualifies as a tax-free split off under I.R.C. § 355, whether, under the step transaction doctrine, the contributions from P to PS, the distributions from PS to P (the property distributions), the distribution of $f from PS to P (the equalizing distribution), and the stock distribution should all be treated as part of the reorganization. If so, then P may be required to recognize gain under I.R.C. § 361(b)(1)(B). If not, then the property distributions and the equalizing distribution would each be considered distributions by PS to P with respect to its stock, which would be eliminated from P's income under Treas. Reg. § 1.1502-14(a)(1). |
| 199929012(PDF, 6K) |
7/12/1999 |
| December 21, 1998, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199929011(PDF, 9K) |
7/12/1999 |
| March 22, 1999, written on behalf of X, requesting a ruling that the termination of X's S corporation status was inadvertent under § 1362(f) of the Internal Revenue Code. |
| 199929010(PDF, 12K) |
7/12/1999 |
| Request dated December 9, 1998 and subsequent correspondence, submitted by your authorized representative requesting a ruling that certain rental payments will not be excluded as "rents from real property" under § 856(d)(1) because of the proposed transaction described below. |
| 199929009(PDF, 25K) |
8/11/1999 |
| Issue: Whether the Service can take the position that an exchange of certain equipment among corporations within Taxpayer's consolidated group does not qualify as a tax-free exchange under Internal Revenue Code § 1031. |
| 199929008(PDF, 19K) |
7/12/1999 |
| Letter Ruling Request Withdrawn Pursuant to § 8.07(2)(b) of Revenue Procedure 98-1, 1998-1 I.R.B. 7,31, we are writing to inform you that a taxpayer located within your district has withdrawn a request for a letter ruling. |
| 199929007(PDF, 17K) |
7/12/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199929006(PDF, 26K) |
7/12/1999 |
| Issue: Is a wholly-owned subsidiary an agent of Parent. |
| 199929005(PDF, 25K) |
7/8/1999 |
| Issues: (1) If the Internal Revenue Service files a Notice of Federal Tax Lien (NFTL) prior to a debtor's Chapter 7 bankruptcy case and the bankruptcy court sells the estate assets free and clear of all liens, is the bankruptcy court's order res judicata, if the order was not appealed and has become final? (2) If the Service levied on the retirement plan administrator prior to a taxpayer's Chapter 7 bankruptcy case (but the Service did not receive anything on the levy), can the Service enforce the levy after bankruptcy?(3) Does the answer to question two change if a debtor could have excluded his interest in the retirement plan from the bankruptcy estate, but, instead, chose to treat the retirement plan interest as an asset of the bankruptcy estate? |
| 199929004(PDF, 34K) |
7/23/1999 |
| In United States v. Natco Petroleum, Inc., 1999 U.S. App. LEXIS 1442 (10 th Cir. Feb. 2, 1999) (unpublished), the Service issued a summons on a closely-held corporation, seeking corporate records regarding the civil tax liability of the taxpayer, who was the president and sole shareholder. At the enforcement hearing, the revenue agent was unclear whether the Service was investigating the tax liability of the corporation or of the taxpayer. The Tenth CInternal Revenue Codeuit, affirming the district court, found the summons proper. |
| 199929003(PDF, 26K) |
8/11/1999 |
| Issue: Whether, in a case where the debtors have completed their Chapter 13 plan payments and have been granted a discharge, an allowed priority tax claim is nondischargeable because it was provided for in the plan in an amount less than in the proof of claim timely filed by the Internal Revenue Service (Service). |
| 199929002(PDF, 48K) |
7/8/1999 |
| Issue: Whether an instrument, with a term of #BB years, received by a member of the U.S. consolidated return group in exchange for the contribution of stock to a related foreign corporation is in the nature of stock that would qualify for tax-free treatment under Internal Revenue Code § 351 or debt that would result in the recognition of substantial gain on the exchange. |
| 199929001(PDF, 18K) |
7/8/1999 |
| Issues: (1) For purposes of determining whether the costs of producing fig trees must be capitalized under § 263A, is the nationwide weighted average preproductive period of fig trees greater than 2 years? (2) For purposes of ending the actual preproductive period for cost capitalization under § 263A, did the taxpayer produce a marketable quantity of figs in Year 3? |
| 199928029(PDF, 20K) |
7/2/1999 |
| Information Reporting Requirements / Personal Injury Attorneys This responds to your memorandum dated March 5, 1999, concerning certain information reporting requirements for personal injury attorneys. Generally personal injury attorneys receive payments in settlement of personal injury actions they bring on behalf of their clients. |
| 199928028(PDF, 8K) |
7/2/1999 |
| December 30 1998, submitted by A's authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of long-term resident status did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199928027(PDF, 11K) |
7/2/1999 |
| December 3, 1998 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199928026(PDF, 6K) |
7/6/1999 |
| December 17, 1998, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199928025(PDF, 8K) |
7/2/1999 |
| Ruling request submitted on behalf of Funds B and C (the "Funds"). The Funds request extensions of time pursuant to §301.9100-1(a) of the Procedure and Administration Regulations to elect under §§ 851 and 855 of the Internal Revenue Code. |
| 199928024(PDF, 10K) |
7/2/1999 |
| December 18, 1998, and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199928023(PDF, 5K) |
7/2/1999 |
| Ruling request submitted on behalf of Funds B and C (the "Funds"). The Funds request extensions of time pursuant to §301.9100-1(a) of the Procedure and Administration Regulations to elect under §§ 851 and 855 of the Internal Revenue Code. |
| 199928022(PDF, 12K) |
7/7/1999 |
| November 30, 1998, in which rulings were requested as to the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated February 11, 1999. |
| 199928021(PDF, 9K) |
7/2/1999 |
| February 18, 1999 requesting a ruling under § 305 of the Internal Revenue Code. |
| 199928020(PDF, 10K) |
7/2/1999 |
| December 3, 1998, requesting a ruling on behalf of Fund. You have requested a ruling that consents to the revocation of an election made by Fund under § 4982(e)(4)(A) of the Internal Revenue Code, effective for the calendar year ended Date 1. |
| 199928019(PDF, 8K) |
7/2/1999 |
| February 18, 1999 requesting a ruling under § 305 of the Internal Revenue Code. |
| 199928018(PDF, 7K) |
7/6/1999 |
| Request for a letter ruling, on behalf of Taxpayer, on whether Taxpayer is eligible to claim a credit or refund under § 6416(a)(4) of the Internal Revenue Code as the wholesale distributor of gasoline sold to the state or local government for its exclusive use. |
| 199928017(PDF, 8K) |
7/2/1999 |
| Request of September 7, 1998, regarding the proper federal income tax treatment of your service-connected disability retirement benefits. |
| 199928016(PDF, 7K) |
7/6/1999 |
| Request for ruling dated January 25, 1999, supplemented by a letter dated March 30, 1999, filed on behalf of the above named Taxpayer, concerning whether certain custom-built trailers specifically manufactured to form a communications complex for off-highway use are subject to the tax imposed by § 4051(a)(1) of the Internal Revenue Code. |
| 199928015(PDF, 9K) |
7/2/1999 |
| Request for a ruling concerning the deduction limitation of § 162(m) of the Internal Revenue Code. |
| 199928014(PDF, 7K) |
7/2/1999 |
| Request for a ruling concerning the deduction limitation of § 162(m) of the Internal Revenue Code. |
| 199928013(PDF, 13K) |
7/2/1999 |
| November 19, 1998, and the additional information dated February 16, 1999, submitted on behalf of the taxpayer, A, requesting rulings on the federal income and gift tax consequences of proposed payments to various employees of the Company. |
| 199928012(PDF, 9K) |
7/2/1999 |
| December 4, 1998 and subsequent correspondence, on behalf of the trustees of State S's Public Employees Deferred Compensation Plan, requesting a ruling concerning the proposed amended and restated deferred compensation plan (the "Plan") which S intends to be an eligible deferred compensation plan under § 457(b) of the Internal Revenue Code of 1986. |
| 199928011(PDF, 38K) |
7/2/1999 |
| Issue: Whether an entity created by a state to provide workers' compensation insurance to employers is exempt from Federal income tax as an integral part of the state, a political subdivision of the state, or because it meets the requirements of Internal Revenue Code § 115. |
| 199928010(PDF, 41K) |
7/2/1999 |
| Issues: (1) Whether interest income of a foreign partnership with United States partners is a partnership item subject to the TEFRA unified audit and litigation procedures. (2) If issue one is answered in the affirmative, whether the statute of limitations remains open for making adjustments to the partnership items of the foreign partnership. |
| 199928009(PDF, 7K) |
7/2/1999 |
| December 1, 1998, submitted on behalf of X requesting that we rule that under §§ 301.7701-3(c) of the Procedure and Administration Regulations X may elect to be treated as a partnership for federal tax purposes. |
| 199928008(PDF, 8K) |
7/2/1999 |
| Requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's renunciation of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated Date D and Date E. |
| 199928007(PDF, 24K) |
7/2/1999 |
| Issues: (1) Whether debt instruments issued by Taxpayer denominated in currency A were "paid" within the meaning of §1.988-2(b)(6) when such instruments were refinanced with new debt having the same terms as the original debt thus entitling the taxpayer to claim a foreign exchange loss under § 988. (2) If it is determined that the loans were in fact "paid" under §1.988-2(b)(6), what is the character of the loss? |
| 199928006(PDF, 32K) |
7/16/1999 |
| In July, 1990, the Service filed tax liens for 1987-89 taxes against taxpayers, who subsequently filed chapter 12 bankruptcy in January, 1992. In April, 1992, the debtors filed their chapter 12 plan, listing the Service's claim as unsecured priority in the amount of $13,500. Without objection by the Service, the debtors' plan was confirmed in September, 1992. In October, 1992, the Service timely filed a proof of claim listing $27,000 in secured taxes, $1,500 in priority taxes, and $400 in unsecured taxes for the 1987-89 & 1991 tax years. The debtors claimed their real property was fully encumbered by other creditors, but did not file an objection to the Service's proof of claim. In June, 1993, the debtors filed a motion to sell real property, proposing to pay the Service's "tax lien" of $13,500. The Service did not object to the sale, and applied the proceeds to the 1987-88 tax years. |
| 199928005(PDF, 34K) |
7/16/1999 |
| The Service levied on the taxpayer's wages, receiving from the taxpayer's company the amount of the taxpayer's retirement benefits. A year later, the taxpayer pled guilty to multiple criminal charges, and was ordered to pay restitution to his company. With the taxpayer in jail, the company sought a refund of the amount previously levied by the Government so as to satisfy the restitution order. However, the action under Internal Revenue Code § 7426 was brought beyond the statute of limitations for wrongful levy, under I.R.C. § 6532(c). The company argued that, under the cInternal Revenue Codeumstances, the limitations period should be equitably tolled. |
| 199928004(PDF, 33K) |
7/16/1999 |
| In 1995, the Eleventh CInternal Revenue Codeuit held that a debtor's mere failure to pay taxes, without more, does not make those taxes nondischargeable. In re Haas, 43 F.3d 1153 (11 th Cir. 1995). Now comes the sequel, In re Haas, 1998 U.S. App. LEXIS 31388 (11 th Cir. Dec. 14, 1998). The debtors owed the Service $617,000 in income taxes (which taxes were ruled dischargeable under B.C. § 523(a)(1)(C)) and $68,000 in employment taxes. The income taxes were secured by notices of federal tax lien, while the employment taxes were trust fund taxes, and so enjoyed priority status under § 507(a)(8)(C). |
| 199928003(PDF, 16K) |
7/2/1999 |
| Issue: Whether gains recognized when "grandfathered" market discount bonds are called for redemption are gains recognized on "redemption at maturity" within the meaning of § 1011(d) of the Tax Reform Act of 1986 (TRA '86), P.L. 99-514, 1986-3 (Vol. 1) C.B. 307. |
| 199928002(PDF, 10K) |
7/2/1999 |
| Issue: Were Taxpayer's claims for refund for tax year (TY) P03 and TY Q03 relating to research credits timely filed? |
| 199928001(PDF, 18K) |
7/2/1999 |
| Issue: Whether the Service may change Taxpayer's method of depreciating certain property in Year 8 and impose an adjustment under § 481(a) of the Code where the Service previously made the change in Year 1 and the statute of limitations bars assessment of income tax deficiencies for the intervening taxable years. |
| 199927039(PDF, 87K) |
6/28/1999 |
| Issue: What facts should be developed and what legal theories should be used in analyzing the Transaction? |
| 199927038(PDF, 25K) |
6/28/1999 |
| Issue: When does the failure to pay penalty increase from 0.5 percent to 1 percent under § 6651(d) of the Code? |
| 199927037(PDF, 17K) |
6/28/1999 |
| Issues: To what extent is an election to credit the amount of a tax overpayment for a taxable year preceding the date of a bankruptcy petition, to a liability for the subsequent year, pursuant to Internal Revenue Code § 6402(b), valid in the context of a Chapter 13 bankruptcy? (1) Can a Chapter 13 Trustee's refund order override a taxpayer's § 6402(b) election? If so, how is this consistent either with the Service's position on the irrevocable nature of a § 6402(b) election, or with I.R.C. § 6513(d), which essentially precludes a refund claim for an amount which the taxpayer has already elected to receive as a credit pursuant to § 6402(b)? (2) Does it make a difference whether: a) the Chapter 13 plan specifically provides that all refunds are property of the bankruptcy estate? b) the Trustee's order was issued before or after the date the § 6402(b) election was made? |
| 199927036(PDF, 32K) |
6/28/1999 |
| Issues: Whether operators of foster family homes may exclude from income payments for adult foster care recipients who are placed in the home by a private nonprofit regional center.– More specifically: (1) Whether a regional center– funded pursuant to California state statutes is an agency of a State or political subdivision thereof– for purposes of the definition of a qualified foster individual– in Internal Revenue Code § 131(b)(2)(A). (2) Whether adults placed in foster homes by a regional center are qualified foster individuals– within the meaning of § 131(b) (2). |
| 199927035(PDF, 6K) |
6/28/1999 |
| Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective for the tax year beginning. |
| 199927034(PDF, 6K) |
6/29/1999 |
| Requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations. |
| 199927033(PDF, 8K) |
6/28/1999 |
| December 18, 1998, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreement described in Treas. Reg. § 1.1503-2(g)(2)(i) with respect to each of the Foreign Entities for Year One or Year Two, as the case may be, and, where appropriate, the annual certifications required by § 1.1503-2(g)(2)(vi)(B) with respect to the Foreign Entities other than the Y Entities. |
| 199927032(PDF, 10K) |
6/28/1999 |
| July 8, 1997, requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated November 3, 1997, and January 27, 1999. |
| 199927031(PDF, 28K) |
6/29/1999 |
| October 13, 1998, and subsequent correspondence submitted on behalf of the Taxpayer, requesting the following rulings: (1) The annuity amount to be paid annually for charitable purposes from each charitable lead annuity trust (CLAT) created under Article VII of the proposed trust agreement will constitute a guaranteed annuity interest within the meaning of § 2055(e)(2)(B) of the Internal Revenue Code and § 20.2055-2(e)(2)(vi) of the Estate Tax Regulations. |
| 199927030(PDF, 23K) |
6/29/1999 |
| December 9, 1998 letter, and prior correspondence, from your authorized representative requesting estate and generation-skipping transfer tax rulings on a proposed will and trust. |
| 199927029(PDF, 6K) |
6/28/1999 |
| August 28, 1998, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199927028(PDF, 6K) |
6/28/1999 |
| Request for a private letter ruling regarding the late filing of a certain "statement" required under § 1.442-1(c)(1) of the Income Tax Regulations to change your annual accounting period without the prior approval of the Commissioner. |
| 199927027(PDF, 5K) |
6/28/1999 |
| Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending June 30, to a calendar year ending December 31, effective for the tax year beginning July 1, 1997. |
| 199927026(PDF, 6K) |
6/28/1999 |
| January 15, 1999, and subsequent correspondence, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199927025(PDF, 7K) |
6/28/1999 |
| March 9, 1999, and prior correspondence, written on behalf of X, requesting a ruling that X's S corporation status will be effective as of D2. |
| 199927024(PDF, 9K) |
6/28/1999 |
| September 10, 1998, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199927023(PDF, 13K) |
6/28/1999 |
| December 11, 1998, and subsequent correspondence, requesting 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) of the Internal Revenue Code. |
| 199927022(PDF, 15K) |
6/28/1999 |
| July 7, 1998, submitted on your behalf by your authorized representatives requesting rulings (1) that Taxpayer's receipt from Lessee Company of a warrant to purchase Lessee Company Class 2 stock was a closed transaction, rather than an open transaction, and (2) that Taxpayer did not receive rental income at the time of its exercise of the warrant when the fair market value of the Lessee Company Class 2 stock acquired exceeded the price paid for the stock. |
| 199927021(PDF, 18K) |
6/28/1999 |
| January 19, 1999, requesting rulings on behalf of Company. The requested rulings concern the treatment of income from Company's timberlands and timber cutting contracts for purposes of § 856(c) of the Internal Revenue Code, as well as the treatment of certain amounts received as reimbursement for shared personnel and administrative overhead at the time Company elects to be taxed as a real estate investment trust (REIT) under § 856-860. |
| 199927020(PDF, 6K) |
6/29/1999 |
| Request permission to currently deduct all research and experimental (R&E) expenditures under § 174(a) of the Internal Revenue Code. |
| 199927019(PDF, 6K) |
6/28/1999 |
| Responds to a letter dated January 23, 1999, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1. X intended to be treated as an S corporation for federal income tax purposes effective on D1, but the S election was not timely filed. |
| 199927018(PDF, 5K) |
6/29/1999 |
| Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective. |
| 199927017(PDF, 6K) |
6/28/1999 |
| February 24, 1999, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1. X intended to be treated as an S corporation for federal income tax purposes effective on D1, but the S election was not timely filed. |
| 199927016(PDF, 6K) |
6/28/1999 |
| December 3, 1998, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199927015(PDF, 6K) |
6/28/1999 |
| November 24, 1998, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199927014(PDF, 18K) |
6/29/1999 |
| Request a ruling that the proposed contribution of a conservation easement constitutes a "qualified conservation contribution" under § 170(h) of the Internal Revenue Code. |
| 199927013(PDF, 9K) |
6/24/1999 |
| August 20, 1997, from your authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that your loss of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199927012(PDF, 28K) |
6/24/1999 |
| On Date A the Service issued LTR 9441020 to Taxpayer which contained the following rulings: (1) an election to relinquish the 3-year carryback period with respect to a consolidated net operating loss under § 172(b)(3) will not require Taxpayer to also relinquish the 10-year carryback period for a specified liability loss under § 172(b)(1)(C), and (2) the following specific deductions for Tax year will be treated as part of the group's specified liability loss: |
| 199927011(PDF, 13K) |
6/24/1999 |
| July 9, 1998, and subsequent correspondence, written on behalf of Company, requesting inadvertent termination relief under § 1362(f) of the Internal Revenue Code. |
| 199927010(PDF, 18K) |
6/29/1999 |
| Requesting several rulings concerning the income and gift tax consequences of a charitable lead trust. This letter responds to your request. |
| 199927008(PDF, 11K) |
6/28/1999 |
| Issue: Whether a corporation must include income from amounts received in a Ponzi scheme. |
| 199927007(PDF, 16K) |
6/24/1999 |
| Requesting certain estate and generation-skipping transfer tax rulings on behalf of Taxpayer concerning a qualified terminable interest property (QTIP) Trust. |
| 199927006(PDF, 32K) |
6/29/1999 |
| Issues: (1) Whether the prepayment made to US2, under the terms of the sale contract, constitutes an advance payment for the purchase of deliveries or constitutes nontaxable loan proceeds; and, if the payment constitutes an advance payment, in what taxable year is the payment includable in income? (2) Does § 367(a) apply to the outbound transfer of the contract pursuant to a reincorporation of US2 from a domestic corporation to a Country C corporation in a reorganization described in Internal Revenue Code §368(a)(1)(F)? |
| 199927005(PDF, 13K) |
6/24/1999 |
| Requesting rulings concerning the generation skipping transfer tax consequences of the creation of the proposed subtrusts under § 2601 of the Internal Revenue Code. This letter responds to that request. |
| 199927004(PDF, 18K) |
6/24/1999 |
| October 12, and November 25, 1998, requesting rulings concerning the application of § 83 and 162 of the Internal Revenue Code to the transaction described below. Other aspects of the transaction are the subject of a separate ruling from the Office of the Assistant Chief Counsel (Corporate). |
| 199927003(PDF, 13K) |
6/24/1999 |
| Requesting a ruling on behalf of the above-named taxpayers (Taxpayers) regarding the substantial compliance of the Taxpayers with the requirements of § 1042 of the Internal Revenue Code of 1986 and the applicable regulations in connection with the sale of stock of the Company to the employee stock ownership plan (ESOP) maintained by the Company. |
| 199927002(PDF, 23K) |
6/24/1999 |
| Ruling request submitted on your behalf by your authorized representative, concerning the application of § 83 and the gift and estate tax provisions of the Internal Revenue Code, to the proposed transfer of certain stock options by gift. |
| 199927001(PDF, 21K) |
6/29/1999 |
| Issue: Are Taxpayer's costs attributable to the construction of molds and other tooling used in the manufacture of plastic injection molded products deductible as research and experimental expenditures under Internal Revenue Code § 174 if those costs are related to the construction of property that is subject to an allowance for depreciation. |
| 199926035(PDF, 36K) |
6/18/1999 |
| Regarding an interpretation problem with § 38(c)(2) of the Internal Revenue Code (as amended by the Technical Corrections Act of 1988 and before the repeal by the Revenue Reconciliation Act of 1990). |
| 199926034(PDF, 43K) |
6/18/1999 |
| Issues: I. Whether the excess of the fair market value of ESPP stock on the exercise date over the option price is wages under the FICA. II. If this amount is wages under the FICA, whether the exercise of an ESPP option constitutes a payment of wages. III. Whether A is excused from its obligations under the FICA based upon the notice principles of Central Illinois and General Elevator. |
| 199926033(PDF, 16K) |
6/18/1999 |
| December 15, 1998, requesting a ruling that Taxpayer is taxable as an insurance company and subject to the provisions of parts II and III of Subchapter L of the Internal Revenue Code of 1986, as amended. |
| 199926032(PDF, 19K) |
6/18/1999 |
| December 18, 1998, requesting certain rulings regarding the distribution of partnership interests held by a partnership, the subsequent contribution of those interests to a newly formed partnership, and the newly formed partnership's use of an aggregate method for making § 704(c) allocations. |
| 199926031(PDF, 9K) |
6/18/1999 |
| August 20, 1997, from your authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that your loss of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199926030(PDF, 34K) |
6/18/1999 |
| Issues: (1) Whether certain bonuses and awards paid under Plan A and Plan B to Company's four highest compensated officers in Year C qualify under the binding written contract exception to the $1 million limitation on the deduction of compensation under § 162(m) of the Code. (2) Whether the bonuses and awards paid under Plan A and Plan B qualify for the performance-based exception to the $1 million limitation on the deduction of compensation under § 162(m) of the Code. |
| 199926029(PDF, 6K) |
6/18/1999 |
| Request filed on behalf of the above-named taxpayer regarding the late filing of a Form 8716, Election To Have a Tax Year Other Than a Required Tax Year. The taxpayer has requested an extension of time for making such an election under authority contained in § 301.9100-3 of the Procedure and Administration Regulations. |
| 199926028(PDF, 7K) |
6/18/1999 |
| February 1, 1999, written on behalf of X, requesting a ruling that X's S corporation status will be effective as of D1. |
| 199926027(PDF, 8K) |
6/21/1999 |
| October 21, 1998, and received November 9, 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) of the Internal Revenue Code. |
| 199926026(PDF, 22K) |
6/18/1999 |
| September 24, 1998, in which you requested rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated December 21, 1998, and January 22, 1999, and March 2, 1999. Specifically, you requested rulings under § 355 of the Internal revenue Code. |
| 199926025(PDF, 6K) |
6/18/1999 |
| December 28, 1998, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199926024(PDF, 10K) |
6/18/1999 |
| Request dated December 11, 1998, as supplemented by your correspondence dated February 12, 1999, on behalf of the Company for a ruling under §856 of the Internal Revenue Code. |
| 199926023(PDF, 35K) |
6/18/1999 |
| Issues: Whether income that Taxpayer received during Year A from a teaching position in the United States is exempt from U.S. taxation under the Convention Between the United States of America and the Kingdom of Greece for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (the "Treaty" or the "Convention"), signed on April 20, 1953 ? |
| 199926022(PDF, 7K) |
6/18/1999 |
| December 1, 1998, in which you requested certain rulings as to the federal income tax consequences of a transaction. Additional information was provided in letters dated December 30, 1998, February 2, 1999, and March 26, 1999. Specifically, you requested rulings under §§ 336 and 337 of the Internal Revenue Code. |
| 199926021(PDF, 24K) |
6/18/1999 |
| Issue: Whether income derived from rendering personal services by taxpayer ("Taxpayer") as an employee of X Corporation on Johnston Island during Year 4 may be excluded by the Taxpayer from his gross income under § 931(a) of the Internal Revenue Code of 1986 ("Internal Revenue Code") ? |
| 199926020(PDF, 13K) |
7/15/1999 |
| November 24, 1998, and subsequent correspondence, submitted on behalf of Agency and Partnership, requesting a letter ruling under § 42(n)(4) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to correct an administrative error in an allocation of the low-income housing credit dollar amounts. |
| 199926019(PDF, 11K) |
6/18/1999 |
| We received your letter dated March 2, 1999, and prior correspondence, requesting rulings under §§ 2207A, 2519 and 2702 of the Internal Revenue Code regarding the proposed severance of Trust. |
| 199926018(PDF, 50K) |
6/18/1999 |
| Issues: Issue (1) Whether A is liable for the withholding tax under § 1442 with respect to any deemed payment(s) that result from the allocation of interest under § 482 from A, a domestic corporation, to its foreign parent, P, for Date 12 through Date 16. Issue (2) In the alternative, for Date 14 or Date 14 and Date 15, whether A is liable for the withholding tax under § 1442 with respect to a constructive payment of interest pursuant to B's transfer of C stock to D and corresponding reductions of A's indebtedness to P. |
| 199926017(PDF, 84K) |
6/18/1999 |
| November 20, 1998, request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199926016(PDF, 20K) |
6/18/1999 |
| Requested a ruling under § 613A of the Internal Revenue Code. |
| 199926015(PDF, 14K) |
6/18/1999 |
| Requested rulings regarding your purchase of oil and gas properties. |
| 199926014(PDF, 31K) |
6/18/1999 |
| Issue: Whether § Y of State X prohibits beneficial ownership of stock in a professional corporation by a shareholder (such as a corporation) other than a licensed individual. If that is the case, then the professional corporation is precluded under § Y of State X from being a member of a consolidated group. |
| 199926013(PDF, 14K) |
6/18/1999 |
| Requested rulings regarding your purchase of gas properties effective X. The transaction was later modified effective X. |
| 199926012(PDF, 43K) |
8/11/1999 |
| Issue: Whether the hazards of litigation are such that interest on Petitioner's deficiency for Tax YR1 should be abated, under Internal Revenue Code 6404(e)(1), for any period between the due date of the return through the present. |
| 199926011(PDF, 50K) |
8/11/1999 |
| Issues: Whether within the meaning of Internal Revenue Code § 269(a) Company 1's acquisition of Company 2 had the principal purpose of avoidance of Federal income tax by securing the benefit of an allowance which Company 1 would not otherwise enjoy. |
| 199926010(PDF, 7K) |
6/18/1999 |
| November 17, 1998, submitted on behalf of Company, requesting a ruling that the rental income received by Company from the Property is not passive investment income within the meaning of § 1362(d)(3)(C)(i). |
| 199926009(PDF, 7K) |
6/18/1999 |
| November 17, 1998, submitted on behalf of Company, requesting a ruling that the rental income received by Company from the Property is not passive investment income within the meaning of § 1362(d)(3)(C)(i). |
| 199926008(PDF, 7K) |
6/18/1999 |
| November 13, 1998, and subsequent correspondence written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation status will be effective as of the taxable year beginning D2. |
| 199926007(PDF, 7K) |
6/18/1999 |
| November 17, 1998, submitted on behalf of Company, requesting a ruling that the rental income received by Company from the Property is not passive investment income within the meaning of § 1362(d)(3)(C)(i). |
| 199926006(PDF, 62K) |
6/18/1999 |
| Issues: (1) Whether Company X and the shareholders of Old Target Company made a valid joint election under Internal Revenue Code § 338(h)(10)1 and Treasury Regulation § 1.338(h)(10)-1(d)(2) regarding Company X's Year 2 stock acquisition of Old Target Company. (2) Whether the Old Target Company properly made a retroactive election under I.R.C. § 338(i) and Treas. Reg. § 1.338(i)-1 to apply the provisions of I.R.C. § 338(h)(10).(3) If Company X and Old Target Company's shareholders did not make a valid joint election under I.R.C. § 338(h)(10) and Old Target Company did not make a valid retroactive election to apply the provisions of I.R.C. § 338(h)(10) as required by I.R.C. § 338(i), whether they substantially complied with the provisions of Treas. Reg. §§ 1.338(h) (10)-1(d)(2) and 1.338(i)-1. |
| 199926005(PDF, 26K) |
6/18/1999 |
| Issue: Whether the District should enter into a prototype agreement with the taxpayer providing a mutually acceptable method for allocating the amount paid for a mixed services travel package between amounts paid for taxable air transportation and amounts paid for nontaxable components of the package. |
| 199926004(PDF, 58K) |
8/11/1999 |
| Issues: (1) Whether a city and redevelopment agency's agreement to reimburse a partnership for the costs of developing real property constitutes an obligation within the meaning of Internal Revenue Code § 103, causing interest payments received under the agreement to be tax-exempt. (2) In the event the agreement constitutes a valid obligation, whether such obligation is an industrial development bond or private activity bond.(3) Whether payments the partnership is required to make to the city and the agency under the agreement are deductible business expenses. |
| 199926003(PDF, 55K) |
8/11/1999 |
| Issues: (1) Whether Corp A may determine, by using the specific identification method described in Treasury Regulation § 1.1012-1(c), the bases of the Transaction Sub stock it received in a single Internal Revenue Code § 351 transaction in exchange for the "contributed" stock, which Corp A acquired at different times and which had different bases? (2) Whether the actual fair market value instead of Corp A's General Value methodology for valuing the contributed stock should be used to determine the value of the Transaction Sub stock attributable to specific shares of contributed stock?(3) Whether the contemporaneous § 351 transfer of the stock of 9 separate corporations should be deemed a single integrated transaction or 9 independent transactions? |
| 199926002(PDF, 12K) |
7/15/1999 |
| GL-605772-97 We are responding to your October 21, 1998, inquiry. |
| 199926001(PDF, 19K) |
6/18/1999 |
| September 17,1998 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199925042(PDF, 68K) |
6/14/1999 |
| Issues: (1) Whether the A trust is a grantor trust under Internal Revenue Code §671 and, if so, which entity (or entities) is entitled to any tax attributes resulting from that determination. (2) Whether TP1 must include in gross income the interest paid on the A trust's promissory note.(3) Whether TP1 may exclude from gross income under Internal Revenue Code §1032 the proceeds from the disposition of stock by the A trust.(4) Whether TP1 or one of its subsidiaries (TP2 through TP14) is entitled to deduct the fair market value of TP1 stock contributed by the A trust to various nonqualified incentive compensation plans maintained by TP1 or its subsidiaries.(5) Whether TP1 or one of its subsidiaries (TP2, TP5, TP6, TP9, TP10 or TP13) is entitled to deduct the fair market value of the stock contributed by the A trust to various qualified plans maintained by TP1 or its subsidiaries (TP2, TP5, TP6, TP9, TP10 or TP13). |
| 199925041(PDF, 27K) |
6/15/1999 |
| Issue: Is CFC2's interest income export financing income, under § 954(c)(2)(B) of the Internal Revenue Code, or factoring income, under § 864(d)(6), in any of the three hypothetical scenarios presented. |
| 199925040(PDF, 38K) |
6/15/1999 |
| Issues: (1) How does § 6015 (the new innocent spouse provision) as added by § 3201 of the Internal Revenue Restructuring and Reform Act of 1998 (RRA98), Pub. L. No. 105-206, affect innocent spouse claims for computational adjustments in proceedings under the partnership provisions of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. No. 97-248? (2) Whether there is a statute of limitations problem when the Service: (1) makes a joint assessment within the one year period prescribed by § 6229(d)(2);(2) subsequently receives a claim for innocent spouse relief under § 6230(a)(3) within the sixty day period prescribed by § 6230(a)(3)(A) but after the one year limitations period of § 6229(d)(2);(3) abates the assessment as to the electing spouse and consequently transfers the joint assessment from master file to a single liability against the nonelecting spouse on nonmaster file; and(4) within the sixty day period prescribed by § 6230(a)(3)(A) issues a statutory notice of deficiency to the electing spouse to resolve the § 6013(e) innocent spouse claim in the Tax Court.(3) Can a notice of deficiency be issued to the electing spouse in TEFRA cases if the one year assessment date under § 6229 has already expired when a timely claim for relief under § 6230(a)(3)(A) is received? |
| 199925039(PDF, 23K) |
6/15/1999 |
| Issue: Whether Internal Revenue Code § 267(a)(1) prohibits Taxpayer corporation from recognizing a loss where Taxpayer purchased property from a major shareholder at fair market value in exchange for an annuity, then sold the property to an unrelated third party at fair market value, and finally deducted a loss on the property when it bought out the annuity. |
| 199925038(PDF, 6K) |
6/14/1999 |
| Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending September 30, to a calendar year ending December 31, effective for the tax year beginning October 1, 1997. |
| 199925037(PDF, 25K) |
6/14/1999 |
| August 28, 1998, requesting, on behalf of the taxpayers identified in the above legend, an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file elections. |
| 199925036(PDF, 5K) |
6/14/1999 |
| December 4, 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. |
| 199925035(PDF, 9K) |
6/14/1999 |
| November 17, 1998, in which Subsidiary requests an extension of time under Treasury Regulation § 301.9100-3 to file Form 8279, Election To Be Treated as a FSC or as a Small FSC, as provided by Temp. Treas. Reg. § 1.921- 1T(b)(1), Q&A 1, effective for its first taxable year beginning March 11, 1998, and ending December 31, 1998. |
| 199925034(PDF, 5K) |
6/14/1999 |
| Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to adopt an annual accounting period, for federal income tax purposes, of June 30, effective for the tax year beginning July 1, 1997 and ending June 30, 1998. |
| 199925033(PDF, 17K) |
6/14/1999 |
| November 10, 1998, and previous correspondence, submitted on behalf of B, requesting rulings under § 691, 1001, and 408 of the Internal Revenue Code. |
| 199925032(PDF, 9K) |
6/14/1999 |
| Request permission to currently deduct all research and experimental (R&E) expenditures under § 174(a) of the Internal Revenue Code. |
| 199925031(PDF, 9K) |
6/14/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199925030(PDF, 9K) |
6/14/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199925029(PDF, 10K) |
6/14/1999 |
| Issue: Are shares of mutual funds stock of a corporation "qualified appreciated stock" within the meaning of § 170(e)(5)(B) of the Internal Revenue Code? |
| 199925028(PDF, 12K) |
6/14/1999 |
| Requesting a ruling concerning the generation-skipping transfer tax consequences of the proposed division of a trust under § 2601 of the Internal Revenue Code. |
| 199925027(PDF, 14K) |
6/14/1999 |
| Requesting rulings concerning the income and gift tax consequences of the creation of a trust. In addition, you have requested an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to modify the trust in order to qualify as a qualified personal residence trust under § 2702 of the Internal Revenue Code. |
| 199925026(PDF, 5K) |
6/15/1999 |
| November 25, 1998, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199925025(PDF, 20K) |
6/14/1999 |
| Requested several rulings concerning the gift and generation-skipping transfer tax consequences of a court ordered mediated settlement agreement. |
| 199925024(PDF, 12K) |
6/14/1999 |
| October 26, 1998 letter requesting an extension of time, under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations, to file an election. The extension is being requested for Parent, Sub #1 and Sub #2 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 (hereinafter referred to as "the Election"), effective for their taxable year ending on Date X. |
| 199925023(PDF, 10K) |
6/14/1999 |
| August 24, 1998, and subsequent correspondence written on behalf of Company, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199925022(PDF, 13K) |
6/14/1999 |
| July 3, 1997, submitted on your behalf by your authorized representative, requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199925021(PDF, 7K) |
6/14/1999 |
| March 12, 1999, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199925020(PDF, 15K) |
6/14/1999 |
| March 20, 1998, as amended by a letter dated November 24, 1998, and other supplemental correspondence, submitted by your authorized representative requesting rulings concerning the federal income tax consequences of proposed contributions of property to a partnership. |
| 199925019(PDF, 16K) |
6/14/1999 |
| March 20, 1998, as amended by a letter dated November 24, 1998, and other supplemental correspondence, submitted by your authorized representative requesting rulings concerning the federal income tax consequences of proposed contributions of property to a partnership. |
| 199925018(PDF, 16K) |
6/14/1999 |
| March 20, 1998, as amended by a letter dated November 24, 1998, and other supplemental correspondence, submitted by your authorized representative requesting rulings concerning the federal income tax consequences of proposed contributions of property to a partnership. |
| 199925017(PDF, 97K) |
6/14/1999 |
| March 20, 1998, as amended by a letter dated November 24, 1998, and other supplemental correspondence, submitted by your authorized representative requesting rulings concerning the federal income tax consequences of proposed contributions of property to a partnership. |
| 199925016(PDF, 38K) |
6/14/1999 |
| Issues: (1) How is "gross income" to be defined for purposes of measuring the 25% omission of gross income under Internal Revenue Code § 6229(c)(2) where a TEFRA limited partnership sells its interests in other partnerships to a third party purchaser? A. May the Service apply the definition of "gross income" in I.R.C. § 6501(e)(1)(A)(i), using gross receipts... before diminution for cost of goods sold," for purposes of I.R.C. § 6229(c)(2)? B. Do the exculpatory concepts of adequate disclosure, codified in I.R.C. § 6501(e)(1)(A)(ii), apply directly or by analogy in the application of I.R.C. § 6229(c)(2) to a TEFRA partnership? (2) Is a partnership that was formed for the exclusive purpose of being the vehicle to affect the sale of real estate parcels, each of which had been held as the sole asset of a related partnership, and terminated immediately after the sales, "in the trade or business" of selling partnership interests for purposes of I.R.C. § 6501(e)(1)(A)(i)? |
| 199925015(PDF, 12K) |
6/14/1999 |
| Request for a private letter ruling filed on behalf of Taxpayer dated June 10, 1998. You requested a ruling that gross income derived from the disposal of timber pursuant to cutting agreements will constitute gross income derived from gain from the sale or disposition of real property (or interests in real property) which is not property described in § 1221(1) of the Internal Revenue Code, for purposes of § 856(c)(2)(D) and § 856(c)(3)(C), and that such income will not be treated as prohibited transaction income under § 857(b)(6). |
| 199925014(PDF, 22K) |
6/9/1999 |
| Issue: Is District Counsel ethically constrained from conducting discussions with Attorney 1. |
| 199925013(PDF, 32K) |
6/9/1999 |
| Issues: (1) Whether the periods of limitation were properly extended for a foreign sales corporation (FSC), where certain extensions were executed after the date of dissolution of the FSC. (2) Whether transferees of a dissolved FSC may claim refunds of taxes paid by the FSC.(3) Whether the Service can make adjustments to the U.S. related supplier's FSC commission expenses if the statute of limitations for assessment has already expired with respect to the FSC. |
| 199925012(PDF, 37K) |
6/14/1999 |
| Issue: Whether costs incurred in the pursuit and settlement of a copyright infringement action instituted by Taxpayer may be deducted as ordinary and necessary trade or business expenses or, instead, must be capitalized. |
| 199925011(PDF, 601K) |
6/9/1999 |
| Issues: (1) Whether there are sufficient facts to support an argument that Bonds 2 were a reissuance of Bonds 1? (2) What further factual development is necessary to support an argument that the Bonds 2 are arbitrage bonds? |
| 199925010(PDF, 83K) |
6/9/1999 |
| Issue: Whether certain health insurance policies issued by Taxpayer may be considered "guaranteed renewable" for Federal income tax purposes, thereby allowing Taxpayer to remain qualified as a life insurance company and maintain as nontaxable its policyholder surplus account (PSA). |
| 199925009(PDF, 378K) |
6/14/1999 |
| Issue: Whether pharmaceutical product samples and starter pack costs may be deducted by Taxpayer as a current trade or business expense when these costs are actually incurred, or must be deferred until the time at which the samples and starter packs are distributed to licensed physicians or pharmacies. |
| 199925008(PDF, 31K) |
6/9/1999 |
| Issue: Whether the ceding company under a retrospectively rated reinsurance treaty may reduce its "premiums earned" under I.R.C § 832(b)(4) by an estimate of additional premiums that it estimates will be due to the reinsurer in accordance with a retrospective rating formula.1 |
| 199925007(PDF, 278K) |
6/14/1999 |
| Issue: Whether premiums paid by B and C for prior acts coverage, reported on Taxpayer's Year 1 and Year 2 tax returns, must be capitalized under Internal Revenue Code § 263. |
| 199925006(PDF, 463K) |
6/14/1999 |
| Issues: (1) Whether the entities properly claimed abandonment losses with regard to their subscriber-based intangible and assembled workforce. (2) If abandonment losses were properly claimed on either asset, the amount of the loss was properly calculated. |
| 199925005(PDF, 24K) |
6/14/1999 |
| Issue: Where the Service offsets overpayments in Years 1-4 against underpayments for later Years 7 and 8, is X entitled to additional statutory interest under § 6611 of the Internal Revenue Code from the statutory due date of the underpaid tax, against which the overpayment is credited, to the later date that the underpayment actually arose and the offset was effective. |
| 199925004(PDF, 45K) |
6/14/1999 |
| Issues: (1) Whether a transaction structured as a sale should be considered a redemption of stock for a distribution of property instead of a stock sale in which taxpayer can claim a loss. (2) Whether a loss claimed with respect to the sale of assets should be recognized, when the taxpayer has not established the amount realized or the adjusted basis of the assets sold. |
| 199925003(PDF, 11K) |
6/14/1999 |
| Issue: When the carryback of a net operating loss under § 172 has the effect of creating or increasing an investment tax credit or foreign tax credit carryover to a year following the carryback year, is a refund allowable under § 6511(d)(2) for the year to which the credit is carried, if that year is otherwise barred? |
| 199925002(PDF, 18K) |
6/9/1999 |
| Issue: Are the molds manufactured by Taxpayer "unique items" under §460(f)(2)(A) of the Internal Revenue Code resulting in the subject contracts being accounted for using the percentage-of-completion method of accounting under §460(b) ("PCM")? |
| 199925001(PDF, 8K) |
6/14/1999 |
| Issue: Whether X and Y are taxable sport fishing equipment for purposes of the tax imposed by § 4161 of the Internal Revenue Code and, therefore, the manufacturer (the taxpayer) is liable for tax on its sale of X and Y. |
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