Chief Counsel's Written Determinations Issued from 199950000 to 199954999

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.

199952068(PDF, 12K)	12/30/1999
This responds to your letter dated March 15, 1999, and subsequent correspondence, 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 D1.
199952067(PDF, 7K)	12/30/1999
This responds to your letter dated May 10, 1999, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
199952065(PDF, 10K)	12/30/1999
This is in response to a letter dated Date F submitted on behalf of A, requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A’s renunciation of the status of lawful permanent resident of United States did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code (1) The information submitted for consideration is substantially as set forth below.
199952064(PDF, 11K)	12/30/1999
This is in response to a letter dated Date F submitted on behalf of A, requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A’s renunciation of the status of lawful permanent resident of United States did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code (1) The information submitted for consideration is substantially as set forth below.
199952063(PDF, 40K)	12/30/1999
This is in reply to a letter dated May 28, 1999, and subsequent correspondence, submitted on behalf of Fund requesting an extension of time for Fund to make an election under § 855(a) of the Internal Revenue Code for the Fund’s tax year ended date (2) Fund requests that its election be considered timely filed pursuant to §§ 301.9100-1 and -3 of the Procedure and Administration Regulations.
199952062(PDF, 10K)	12/30/1999
This is in response to a letter dated November 4, 1998, from your authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code 1986 that A’s loss of U.S. citizenship (expatriation) 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 March 4, July 15, August 23, and September 7, 1999. The information submitted for consideration is substantially as set forth below.
199952061(PDF, 9K)	12/30/1999
This responds to the letter dated September 9, 1999, and prior correspondence, submitted on behalf of P, requesting an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to elect to treat three subsidiaries as qualified subchapter S subsidiaries (QSUBs) under § 1361(b)(3)(B) of the Internal Revenue Code.
199952060(PDF, 30K)	12/30/1999
This is in reply to a letter dated December 3, 1998, and subsequent correspondence, from your designated representatives, requesting rulings on behalf of Taxpayer, concerning the federal income tax treatment of certain disability benefits paid pursuant to Statutes A through D.
199952059(PDF, 21K)	12/30/1999
This is in response to a letter dated June 9, 1999, requesting a ruling as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated August 31, 1999, and October 1, 1999. The information submitted for consideration is substantially as set forth below:
199952058(PDF, 11K)	12/30/1999
This letter responds to a letter dated June 1, 1999, and subsequent correspondence submitted by you as X’s authorized representative on behalf of X, concerning a waiver of the five-year waiting period imposed by § 1361(b)(3)(D) of the Internal Revenue Code in order to permit X to make an S corporation election under § 1362(a).
199952057(PDF, 8K)	12/30/1999
This responds to your letter dated July 24, 1999, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code.
199952056(PDF, 8K)	12/30/1999
This responds to your letter dated August 5, 1999, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code.
199952055(PDF, 6K)	12/30/1999
This is in 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 The taxpayer has requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations.
199952054(PDF, 8K)	12/30/1999
This responds to your letter dated September 1, 1999, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
199952053(PDF, 12K)	12/30/1999
This responds to the July 9, 1999 letter, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code that the termination of X’s subchapter S election was inadvertent.
199952052(PDF, 11K)	12/30/1999
This is in response to a letter dated July 1, 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 lawful permanent U.S. 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. Additional information was submitted in letters dated June 14, 1999, and August 4, 1999. The information submitted for consideration is substantially as set forth below.
199952051(PDF, 11K)	12/30/1999
This is in response to a letter dated July 1, 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 lawful permanent U.S. 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. Additional information was submitted in letters dated June 14, 1999, and August 4, 1999. The information submitted for consideration is substantially as set forth below.
199952050(PDF, 21K)	12/30/1999
This letter responds to your letter dated March 16, 1999, requesting rulings concerning the federal income tax consequences of certain transactions that have now been consummated.
199952049(PDF, 15K)	12/30/1999
This is in reply to a letter dated May 20, 1999, requesting a ruling that the income of Trust is excludable under § 115 of the Internal Revenue Code.
199952048(PDF, 21K)	12/30/1999
This is in response to your letter dated November 19, 1998, as amended by your letters of April 15, 1999 and May 4, 1999, requesting rulings on the application of employment taxes to benefits under the Trust and Plan.
199952047(PDF, 38K)	12/30/1999
This memorandum and the attached materials are being forwarded to you in accordance with § 8.07(2) of Rev. Proc. 98-1, 1998-1 C.B. 7, 35.
199952046(PDF, 7K)	12/30/1999
Pursuant to a power of attorney on file in this office, this responds to a letter submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code.
199952045(PDF, 16K)	12/30/1999
This is in response to your letter dated February 25, 1999, on behalf of the Board requesting a ruling on the federal tax consequences of the State Plan. State X intends the State Plan to be an eligible deferred compensation plan under § 457 of the Internal Revenue Code of 1986. The State Plan has been or will be adopted only by employers that are state or local governmental entities described in § 457(e)(1)(A). Pursuant to the laws of State X, the Board established the State Plan for the benefit of eligible employees of State X and of other public jurisdictions in State X that adopt the State Plan.
199952044(PDF, 20K)	12/30/1999
In a letter dated, February 25, 1999, you requested rulings under § 2055 of the Internal Code. This letter responds to your request.
199952043(PDF, 8K)	12/30/1999
This responds to your letter dated August 27, 1999, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code.
199952042(PDF, 16K)	12/30/1999
This is in response to your letter dated February 25, 1999, on behalf of the Board requesting a ruling on the federal tax consequences of the Model Plan. State X promulgated the Model Plan, which may be adopted by local public employers in State X for the benefit of their employees, and intends it to be an eligible deferred compensation plan under § 457 of the Internal Revenue Code of 1986. The Model Plan has been or will be adopted only by employers that are state or local governmental entities described in § 457(e)(1)(A).
199952040(PDF, 17K)	12/30/1999
This letter responds to your request for a ruling on whether the Operating Fund is a qualified settlement fund under § 1.468B-1 of the Income Tax Regulations and a ruling on whether the Operating Fund is a grantor trust under Subpart E, Part I, Subchapter J, Chapter 1 of the Internal Revenue Code.
199952039(PDF, 11K)	12/30/1999
This is in reply to your letter dated February 25, 1999, in which you requested a ruling concerning the qualification of certain interest payments as an expense of administration that is deductible under § 2053(a)(2) of the Internal Revenue Code.
199952038(PDF, 16K)	12/30/1999
This is in response to the ruling request of Date C, as supplemented, submitted by the Acting Director of Insurance of State D as Liquidator of the Estate of Company A regarding the federal tax treatment under the Internal Revenue Code of certain transactions described below. This request supplements rulings previously given to this taxpayer in a private letter ruling dated January 8, 1999 (PLR 199915025).
199952037(PDF, 31K)	12/30/1999
This letter is in response to your May 18, 1999 request for a ruling on behalf of Taxpayer. Additional information was submitted on July 9, 1999, August 11, 1999, and September 15, 1999.
199952036(PDF, 15K)	12/30/1999
This is in reply to a letter dated May 21, 1999, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code.
199952035(PDF, 10K)	12/30/1999
This letter is in response to your letter dated December 22, 1998, and subsequent correspondence, requesting a ruling regarding the tax consequences of a consent dividend to Trust, a charitable remainder unitrust.
199952034(PDF, 20K)	12/30/1999
This letter is in reply to your letter dated March 23, 1999, requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated June 25, July 27, September 7, and September 21, 1999.
199952033(PDF, 20K)	12/30/1999
This letter is in reply to your letter dated March 23, 1999, requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated June 25, July 27, September 7, and September 21, 1999.
199952032(PDF, 20K)	12/30/1999
This letter is in reply to your letter dated March 23, 1999, requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated June 25, July 27, September 7, and September 21, 1999.
199952031(PDF, 11K)	12/30/1999
This is in response to the letter of Date D, submitted by Individual A’s authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that Individual 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. The information submitted for consideration is substantially as set forth below.
199952030(PDF, 18K)	12/30/1999
This responds to your April 12, 1999 letter requesting an extension of time, under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations, to file a statement. Parent (as the common parent of the consolidated group) is requesting the extension of time to file a statement of allowed loss under § 1.1502-20(c)(3) with respect to the deconsolidation of Sub #1 during the taxable year ending on Date X (sometimes hereinafter referred to as the "Election"). The Election is required in order to obtain the benefits of § 1.1502-20(c)(1). Additional information was received in letters dated June 3, August 20, and September 29, 1999. The material information submitted for consideration is summarized below.
199952029(PDF, 19K)	12/30/1999
This letter is in reply to your letter dated February 25, 1999 in which you requested rulings under § 355 of the Internal Revenue Code on behalf of the above-named taxpayers. Additional information was submitted in letters dated April 13, 1999, April 19, 1999, June 7, 1999, June 14, 1999, July 13, 1999, July 19, 1999, August 10, 1999, August 11, 1999, August 27, 1999, August 30, 1999, September 2, 1999, September 22, 1999, September 24, 1999 and September 29, 1999.
199952028(PDF, 13K)	12/30/1999
This is in reply to a letter dated December 21, 1998, and subsequent correspondence from your designated representatives, requesting rulings on behalf of Fund concerning the Federal income and employment tax treatment of contributions to and distributions from the Fund under the "Supplemental Plan".
199952027(PDF, 13K)	12/30/1999
This is in response to your letter dated July 16, 1999 on behalf of the above taxpayers requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file a statement. Parent is requesting an extension of time to file a statement of allowed loss under § 1.1502-20(c)(3) (the "Election"), for its taxable year ending on Date W. Additional information was received in a letter dated August 27, 1999. The material information is summarized below.
199952026(PDF, 17K)	12/30/1999
This letter responds to a letter dated April 14, 1999, and subsequent correspondence by your authorized representative on behalf of Company, requesting rulings under various § of subchapter S of the Internal Revenue Code.
199952025(PDF, 30K)	12/30/1999
This responds to your May 5, 1999 request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in letters dated June 28 and August 4, 1999, is substantially as set forth below.
199952024(PDF, 30K)	12/30/1999
This responds to your May 5, 1999 request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in letters dated June 28 and August 4, 1999, is substantially as set forth below.
199952023(PDF, 11K)	12/30/1999
We received your letter, dated , submitted on behalf of Decedent’ estate, in which you request an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make an election under § 2032A of the Internal Revenue Code. This letter responds to that request.
199952022(PDF, 30K)	12/30/1999
This responds to your May 5, 1999 request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in letters dated June 28 and August 4, 1999, is substantially as set forth below.
199952021(PDF, 30K)	12/30/1999
This responds to your May 5, 1999 request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in letters dated June 28 and August 4, 1999, is substantially as set forth below.
199952020(PDF, 30K)	12/30/1999
This responds to your May 5, 1999 request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in letters dated June 28 and August 4, 1999, is substantially as set forth below.
199952019(PDF, 30K)	12/30/1999
This responds to your May 5, 1999 request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in letters dated June 28 and August 4, 1999, is substantially as set forth below.
199952018(PDF, 89K)	12/30/1999
Issues: (1) Whether premiums paid by a Country A corporation on a policy covering risks of its U.S. subsidiary, to a foreign affiliate (e.g., a branch, division or subsidiary) of a domestic insurance company, are exempt from the foreign insurance excise tax imposed under § 4371 of the Code. If not exempt, whether such premiums would be exempt if the foreign insurance company reinsures the policy with an affiliated domestic insurance company. (2) Whether premiums paid to a controlled foreign corporation, as defined in § §957(b), and included in the gross income of its U.S. shareholders as Subpart F income pursuant to § §951(a), are exempt from the § 4371 excise tax.(3) Whether premiums paid for policies issued by a foreign insurer which are “signed or countersigned by an officer or agent of the foreign insurer in a State, Territory or the District of Columbia in which the insurer is authorized to do business” are exempt from the excise tax imposed under § 4371.(4) Whether § 4374 imposes liability for the § 4371 excise tax on the insured where the insured does not make the actual premium payment for the insurance policy.
199952017(PDF, 27K)	12/30/1999
Issue: Whether commissions paid to independent representatives for the signing of customers to the cellular telephone service provided by the taxpayer are currently deductible by the taxpayer.
199952016(PDF, 37K)	12/30/1999
Issues: (1) Whether the substantive consolidation of a group of related partnerships for purposes of a bankruptcy proceeding serves to merge or consolidate the partnerships such that a partner in a single partnership is deemed to be a partner in all of the partnerships. (2) Whether the Tax Court may appoint a nonpartner to serve as tax matters partner in a case that is pending before it.
199952015(PDF, 27K)	12/30/1999
Issue: What is the proper characterization of a new financial instrument?
199952014(PDF, 52K)	12/30/1999
Issues: (1) Whether A and his spouse B should be treated as owners of Trust 1 and Trust 2 under the grantor trust rules (sections 671 through 679), with the result that they are treated for purposes of subpart F (sections 951 through 964) as owners of the stock that is owned indirectly by Trust 1 and Trust(2) 1(2) Assuming A and B are not treated as owners of Trust 1 and Trust 2 under the grantor trust rules, whether the stock of Corporations X and Y that is owned indirectly by Trust 1 and Trust 2 should be considered to be owned by A either indirectly under § 958(a) or constructively under § 958(b).
199952012(PDF, 36K)	12/30/1999
This replies to a 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.
199952011(PDF, 59K)	12/30/1999
Issues: (1) Whether Taxpayer’s reserve for unpaid losses was “fair and reasonable” for purposes of Treasury Regulation § 1.832-4(b)? (2) Whether the Service should litigate this issue with respect to Year 4 only, rather than on the basis of Years 2 through 4?
199952010(PDF, 25K)	12/30/1999
In accordance with § 8.07(2)(a) of Rev. Proc. 99-1, I.R.B. 6, 34, this memorandum advises you we have denied a request for a change of accounting from a taxpayer within your district.
199952009(PDF, 13K)	12/30/1999
Issues: (1) Whether Pennsylvania district justices are responsible for the preparation and filing of Form 8300 for bail payments they receive that are in excess of $10,000 in cash? (2) Whether the additional payment of court processing fees, which causes the total amount paid to exceed $10,000, requires the filing of Form 8300 if the total amount is paid in cash?
199952008(PDF, 34K)	12/30/1999
Issue: At what date does interest start running on a deficiency in tax for a particular year, where the taxpayer has reported an overpayment on its return and elected to credit the overpayment to its estimated taxes for the next succeeding year, but the Service has subsequently determined a deficiency that is not only less than the credit elect, but less than the unused portion of the credit elect remaining after the shortfalls in taxpayer’s estimated tax payments have been satisfied.
199952007(PDF, 10K)	12/30/1999
Issue: Does § 29(c)(2(C) of the Internal Revenue Code “reinstate” the § 29 credit for any gas from a tight formation that was committed or dedicated to interstate commerce as of April 20, 1977, or only for gas from a tight formation that was not subject to decontrol under the Natural Gas Policy Act of 1978?
199952006(PDF, 37K)	12/30/1999
Issue: At what date does interest start running on an underpayment of tax for a particular year, where the taxpayer has reported an overpayment on its return and elected to apply that overpayment to estimated taxes for the succeeding year, but the Service has subsequently determined a deficiency in tax.
199952005(PDF, 38K)	12/30/1999
Issue: Whether bonuses paid to employees of the Company in are considered amounts deferred under a nonqualified deferred compensation plan that should be taken into account under Treasury Regulation § 31.3121(v)(2)-1(b)(3)(i) as FICA wages in
199952004(PDF, 44K)	12/30/1999
Issue: Whether Entity Z should be included as a member of the consolidated group under the provisions of Internal Revenue Code § 597, such that the debtor, Entity X, would be liable for Entity Z’s tax liability.
199952003(PDF, 27K)	12/30/1999
Issue: Whether the Internal Revenue Service should interplead the surplus proceeds from the redemption and sale of property or should the Service accept an assignment of the purported interest of the decedent’s legitimate children in the surplus proceeds and pay the money to the surviving spouse?
199952001(PDF, 49K)	12/30/1999
Issue: Should the effect of the sale of S2 to X be taken into account in determining whether the § 304 redemption of S2’s interest by A1 is a distribution under § 301 or a sale or exchange under § 302(a)? Should the effect of the sale of S1 to Y be taken into account in determining whether the § 304 redemptions of S1’s interests by A1, A2, and A3 are distributions under § 301 or sales or exchanges under § 302(a)?
199951034(PDF, 30K)	12/7/1999
Issue: If a parent makes an election to include his or her child's income on the parent's federal income tax return, pursuant to § 1(g)(7) of the Internal Revenue Code, are the child's interest, dividends, and capital gain distributions considered to be the interest, dividends, and capital gain distributions of the parent for purposes of 32(i) of the Code?
199951033(PDF, 25K)	12/7/1999
Request for rulings on certain federal income tax consequences of a proposed transaction. The rulings in this letter are based on facts and representations submitted under penalties of perjury in support of the request. Verification of this information may be required as part of the audit process.
199951032(PDF, 8K)	12/6/1999
Requested rulings concerning the application of § 167; § 167; 671, 2056, 2511, and 2702 of the Internal Revenue Code to five grantor retained annuity trusts. Ruling No. 6 involved whether the Grantor's retention of the right to revoke a spousal annuity payable to the Grantor's spouse constituted the retention of a qualified annuity interest for purposes of § 167; § 167; 2702 and 25.2702- 2(a)(5) of the Gift Tax Regulations.
199951031(PDF, 8K)	12/6/1999
Requested rulings concerning the application of § 167; § 167; 671, 2056, 2511, and 2702 of the Internal Revenue Code to five grantor retained annuity trusts. Ruling No. 6 involved whether the Grantor's retention of the right to revoke a spousal annuity payable to the Grantor's spouse constituted the retention of a qualified annuity interest for purposes of § 167; § 167; 2702 and 25.2702- 2(a)(5) of the Gift Tax Regulations.
199951030(PDF, 8K)	12/17/1999
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.
199951029(PDF, 17K)	12/16/1999
Issues: (1) Whether the Service made a timely and valid assessment of the additional tax shown on Taxpayers' Form 1040X because the Service was allowed an additional 60 days for making the assessment under § 6501(c)(7) of the Internal Revenue Code. (2) Whether the Taxpayers made a mathematical or clerical error, as defined in § 6213(g)(2) of the Code, in showing a zero amount owed on Form 1040X.(3) Whether the notice of deficiency sent to Taxpayers is valid.
199951028(PDF, 41K)	12/16/1999
Requested rulings concerning the income, gift, estate, and generation-skipping transfer tax consequences of a proposed partition of a trust. Donor created Trust in 1982 for the benefit of his issue and the spouses of his issue. Trust's corpus consists primarily of stock in Company. Trust is irrevocable and Trustee 1, Trustee 2, and Trustee 3 are the current trustees of Trust.
199951027(PDF, 31K)	12/6/1999
Request for rulings on certain federal income tax consequences of a proposed transaction. The information in that request and in later correspondence is summarized below. The rulings contained in this letter are based on facts and representations submitted by the taxpayers under penalties of perjury. The Internal Revenue Service may require verification of this information as part of the audit process.
199951026(PDF, 7K)	12/16/1999
Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated in Year (1) A, the sole shareholder and president of X, represents that X intended to be an S corporation beginning Year 1, its first taxable year.
199951025(PDF, 26K)	12/7/1999
Requesting rulings regarding the treatment of Taxpayer's separate account investments in the A, B, and C Funds. FACTS: Taxpayer is a stock life insurance company authorized to do business in 48 states and the District of Columbia.
199951024(PDF, 17K)	12/16/1999
Requesting a private letter ruling that payments received by Taxpayer pursuant to certain agreements are nonshareholder contributions to the capital of Taxpayer under § 118 of the Internal Revenue Code.
199951023(PDF, 15K)	12/7/1999
Requesting a ruling under § 1361(e) of the Internal Revenue Code. The information submitted states that Trust was established on Date 1, by A ("Grantor") for the benefit of the living children of the Grantor's child, B, or, failing such living children, for the living children of Grantor's other children.
199951022(PDF, 15K)	12/7/1999
Requesting a ruling under § 1361(e) of the Internal Revenue Code. The information submitted states that Trust was established on Date 1, by A ("Grantor") for the benefit of the living children of the Grantor's child, B, or, failing such living children, for the living children of Grantor's other children.
199951021(PDF, 14K)	12/6/1999
Requesting a ruling under § 1361(e) of the Internal Revenue Code. The information submitted states that Trust was established on Date 1, by A ("Grantor") for the benefit of the living children of the Grantor's child, B, or, failing such living children, for the living children of Grantor's other children.
199951020(PDF, 14K)	12/7/1999
Requesting a ruling under § 1361(e) of the Internal Revenue Code. The information submitted states that Trust was established on Date 1, by A ("Grantor") for the benefit of the living children of the Grantor's child, B, or, failing such living children, for the living children of Grantor's other children.
199951019(PDF, 10K)	12/7/1999
Requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's surrender of her U.S. Alien Registration Card (Green Card) 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 a letter dated August 31, 1999.
199951018(PDF, 15K)	12/7/1999
Requesting a ruling under § 1361(e) of the Internal Revenue Code. The information submitted states that Trust was established on Date 1, by A ("Grantor") for the benefit of the living children of the Grantor's child, B, or, failing such living children, for the living children of Grantor's other children.
199951017(PDF, 15K)	12/7/1999
Requesting a ruling under § 1361(e) of the Internal Revenue Code. The information submitted states that Trust was established on Date 1, by A ("Grantor") for the benefit of the living children of the Grantor's child, B, or, failing such living children, for the living children of Grantor's other children.
199951016(PDF, 10K)	12/15/1999
Requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's surrender of his U.S. Alien Registration Card (Green Card) 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 a letter dated August 31, 1999.
199951015(PDF, 29K)	12/15/1999
Issues: (1) Whether the Service made a timely and valid assessment of the additional tax shown on Taxpayers' Form 1040X because the Service was allowed an additional 60 days for making the assessment under § 6501(c)(7) of the Internal Revenue Code. (2) Whether the Taxpayers made a mathematical or clerical error, as defined in § 6213(g)(2) of the Code, in showing a zero amount owed on Form 1040X.(3) Whether the notice of deficiency sent to Taxpayers is valid.
199951014(PDF, 30K)	12/7/1999
Rulings relating to the federal income tax treatment of a proposed transaction. We have received additional information in letters dated July 1, 1999, July 27, 1999, August 10, 1999, August 12, 1999, and September 17, 1999.
199951013(PDF, 13K)	12/7/1999
Requesting a ruling with respect to X's Deferred Compensation Plan, which X intends to be an eligible state deferred compensation plan under § 457 of the Internal Revenue Code of 1986 ( the "Code"). X is established pursuant to state law. It is represented to be an agency or instrumentality of the State of Y.
199951012(PDF, 10K)	12/6/1999
Request that we rule on one federal income tax consequence of a proposed transaction. Summary of Facts Publicly traded Acquiring is the parent of an affiliated corporate group that files a consolidated federal income tax return.
199951011(PDF, 27K)	12/6/1999
Requested a ruling that Sub 1 and Sub 2, indirectly wholly owned domestic subsidiaries of Parent, may claim worthless securities deductions under § 165(g)(3) of the Internal Revenue Code of 1986 with respect to their investments in Sub 3 upon the disposition by Sub 3 of its manufacturing business.
199951010(PDF, 34K)	12/6/1999
Issue: Whether the Internal Revenue Service through the mitigation provisions may correct a supposedly erroneous assessment against the taxpayer.
199951009(PDF, 24K)	12/16/1999
Requested rulings concerning the income and generation-skipping transfer tax consequences of the proposed partition of the Trust. This letter responds to your request.
199951008(PDF, 39K)	12/6/1999
Issue: At what date does interest begin to run on an underpayment of tax, where X reported an overpayment of tax on its return and elected to have the overpayment credited against its estimated tax liability for the succeeding taxable year, but the Service subsequently determined a deficiency in tax for the taxable year of the purported overpayment.
199951007(PDF, 33K)	12/6/1999
Issues: (1) Whether the existence of goodwill was properly determined under Internal Revenue Code § 1060. (2) Whether Treasury Regulation § 1.1031(a)-2(c)(2) is valid.
199951006(PDF, 61K)	12/6/1999
Issues: (1) Whether the adjustments agreed to in the closing agreement executed by Y constitute an agreed deficiency under Rev. Rul. 85-67, 1985-1 C.B. 364. (2) Whether X and Y's remittance was a deposit in the nature of a cash bond or a payment of tax.
199951005(PDF, 31K)	12/7/1999
Issue: Whether T's sale of Assets is properly classified as a normal or abnormal retirement.
199951004(PDF, 77K)	12/6/1999
Issues: (1) Whether the transaction between Taxpayer and A in Year 6 constituted Taxpayer's sale of a partnership interest so as to disqualify it as a like-kind exchange of property under Internal Revenue Code § 1031(a)(2)(D). (2) Whether the transaction gives rise to cancellation of indebtedness income.(3) Assuming the transaction between Taxpayer and A in Year 6 is not characterized as the Taxpayer's sale of a partnership interest, does the transaction otherwise qualify as a like-kind exchange of property.
199951003(PDF, 30K)	12/6/1999
Issue: Whether the mitigation provisions of the Internal Revenue Code, § 1311 through 1314, will authorize adjustments to years that are now barred.
199951002(PDF, 58K)	12/6/1999
Issues: (1) Does the § 6511(a) limitation period apply to a claim for refund of tax withheld under § 1445 from the amount realized by Taxpayer, a foreign government, on the sale of the residence of the head of Taxpayer's diplomatic mission (Property), where, more than 4½ years after the sale, the Philadelphia Service Center (PSC) determined that Taxpayer was exempt from such tax? (2) Does contacting an agency of a city or of the U.S. government other than the Internal Revenue Service within the § 6511(a) limitation period satisfy the claim filing requirement of § 6511(a)?(3) If Taxpayer is owed a refund, is the Internal Revenue Service required to pay statutory interest on the refund? If so, from what date should the interest be calculated?(4) What effect, if any, does the Treaty have on the issues discussed herein?
199951001(PDF, 4K)	12/15/1999
On October 28, 1992, the National Office issued a technical advice memorandum, TAM 9307006, to the then District Director concerning the applicability of § 4251 of the Internal Revenue Code to amounts paid for certain audio conferencing services.
199950035(PDF, 38K)	5/25/2000
Worker Classification - Bail Bond Agents: This Chief Counsel Advice responds to your memorandum dated July 22, 1999. Chief Counsel Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be cited as precedent. issues (1) Whether Corporation X is entitled to relief under § 530 of the Revenue Act of 1978.
199950034(PDF, 15K)	5/25/2000
Dependent TIN Requirements of § 151(e)--Religious Objection to the Social Security System: This memorandum responds to your request for advice as to whether § 151(e) of the Internal Revenue Code ("the Code") precludes exemptions for individuals who do not have social security numbers ("SSN") or taxpayer identification numbers ("TIN") because they have religious objections to participating in the social security system.
199950033(PDF, 37K)	5/25/2000
Failure to Pay Penalty and Automated Substitute for Returns: This responds to your request for Significant Service Center Advice in connection with several questions posed with regard to the Automated Substitute for Return function of the Service Center. The issues raised concern the imposition of the failure to pay penalty under § 6651(a)(2) of the Internal Revenue Code in the case of returns prepared by the Service under the Automated Substitute for Return procedures. issues (1) Whether the failure to pay penalty under § 6651(a)(2) of the Code may be imposed with regard to a return prepared by the Service under the Automated Substitute for Return procedures.
199950032(PDF, 50K)	5/25/2000
January 28, 1999, in which rulings were requested as to the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated June 29, 1999.
199950031(PDF, 8K)	5/25/2000
March 17, 1999, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A, B, C, D, and E, the shareholders of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. An agreement among A, B, C, D, and E to form X indicates that X was to be an S corporation.
199950030(PDF, 27K)	5/25/2000
Issue: Is an election to exclude gain on the sale of a principal residence under former § 121 timely if the election is made more than three years from the time the return for the year of sale was filed, but within two years from the payment date of the tax on the gain from the sale?
199950029(PDF, 13K)	5/25/2000
March 12, 1999, in which you request an extension of time to make an election under § 108(c) of the Internal Revenue Code. Specifically, you have requested an extension of time to make an election under § 108(c) and § 1.108(c)-1 of the Income Tax Regulations to reduce the basis of depreciable property and to exclude income resulting from the discharge of qualified real property business indebtedness. Facts: Taxpayer is a general partner in Partnership. Partnership is engaged in the business of owning and operating real property and owns over 20 commercial properties.
199950028(PDF, 13K)	5/25/2000
March 12, 1999, in which you request an extension of time to make an election under § 108(c) of the Internal Revenue Code. Specifically, you have requested an extension of time to make an election under § 108(c) and § 1.108(c)-1 of the Income Tax Regulations to reduce the basis of depreciable property and to exclude income resulting from the discharge of qualified real property business indebtedness.
199950027(PDF, 8K)	5/25/2000
May 3, 1999, subsequent correspondence submitted 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. The information submitted states that X is a Country International Business Company formed on Date 1.
199950026(PDF, 7K)	5/25/2000
January 14, 1999, subsequent correspondence submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 of Year (1) A, X's president and sole shareholder, represents that A intended X to be an S corporation from the date of incorporation.
199950025(PDF, 11K)	5/25/2000
June 14, 1999, plus subsequent correspondence, requesting a ruling that Company's rental income from the Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. Company represents the following facts. Company was incorporated in State in a and elected under § 1362(a) to be an S corporation effective b. It has accumulated subchapter C earnings and profits.
199950024(PDF, 37K)	5/25/2000
Issues: (1) Whether the signature of Sub 1 on the original refund claim purportedly for the group's consolidated tax year is subject to waiver by the Service if the Service actively considers the claim on the merits. (2) Whether the original refund claim filed by Sub 1 constitutes an informal claim for refund on behalf of Parent.(3) Whether Sub 1 may file the refund claim for Parent under the rationale of Williams
199950023(PDF, 6K)	5/25/2000
This is in reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayers, requesting permission to change their accounting period, for federal income tax purposes, from a taxable year ending XXXX, to a taxable year ending XXXX, effective XXXX. The taxpayers has requested that the Form 1128 be considered timely filed under the authority contained in § 301.9100-3 of the Procedure and Administration Regulations.
199950022(PDF, 25K)	5/25/2000
April 13, 1999, correspondence submitted on behalf of Sponsor by its authorized representatives. In general, Sponsor asks for certain rulings relating to a program in which investors in Initial Trust are given an opportunity, on termination of Initial Trust to contribute their share of Initial Trust's assets to one or more subsequent trusts (collectively, the Subsequent Trusts and each a Subsequent Trust).
199950021(PDF, 17K)	5/25/2000
This is in response to your request for certain rulings on behalf of X concerning the application of § 162(m) of the Internal Revenue Code and the regulations thereunder to certain compensation plans of X and Y. X intends to spin off its subsidiary, Y, in a two-step transaction. First X, has sold some, but less than 20 percent, of the stock of Y to the public in an IPO and has listed Y's stock on one of the stock exchanges. As a result, Y became a publicly traded corporation.
199950020(PDF, 10K)	5/25/2000
May 12, 1999, subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code. The information submitted states that X was incorporated in 1940 and elected to be an S corporation effective June 1, 1991.
199950019(PDF, 11K)	5/25/2000
February 26, 1999, requesting rulings on behalf of the above named taxpayer as to the federal income tax consequences of a completed transaction. Specifically, rulings were requested under § 336 and § 337 of the Internal Revenue Code.
199950018(PDF, 17K)	5/25/2000
This letter responds to your letter dated February 3, 1999, and subsequent correspondence, requesting that Company be granted inadvertent invalid election relief under § 1362(f) of the Internal Revenue Code. FACTS: According to the information submitted, Company was incorporated in State on d1, and elected to be treated as an S corporation as defined by § 1361 on d2. At the time Company filed its S election, it was owned by X shareholders, including two trusts.
199950017(PDF, 7K)	5/25/2000
May 21, 1999, 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 under the laws of State. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation.
199950016(PDF, 7K)	5/25/2000
May 4, 1999, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated under the laws of State. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation.
199950015(PDF, 8K)	5/25/2000
March 4, 1999, and subsequent correspondence submitted byX's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
199950014(PDF, 4K)	5/25/2000
Gift tax valuation on formation of family limited partnership, This Field Service Advice responds to your memorandum dated June 10, 1999. 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. Did the donors make taxable gifts in the course of forming, funding, and acquiring limited partnership interests in a family limited partnership during Year 1?
199950013(PDF, 6K)	5/25/2000
May 10, 1999, submitted on behalf of X by X's authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on Date (1) A, as X's president and sole shareholder, represents that it was A's intent that X elect to be an S corporation effective for Year 1, X's first taxable year.
199950012(PDF, 8K)	5/25/2000
July 1, 1999, 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 D1. FACTS According to the information submitted, X was incorporated on D1 and it was decided that X would be an S corporation. A, the sole shareholder of X, hired a representative to file X's Form 2553, Election by a Small Business Corporation, with an effective date of D1. The representative, however, failed to timely file X's Form 2553.
199950011(PDF, 9K)	5/25/2000
This letter responds to a letter dated March 15, 1999, 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 had two shareholders, Shareholders. It is represented that Company intended to be an S corporation since its incorporation.
199950010(PDF, 8K)	5/25/2000
This is in reply to a letter dated May 26, 1999, seeking consent to revoke, for Year a and subsequent calendar years, an election previously made by Funds 1, 2, 3, 4, 5, 6, 7, and 8 under § 4982(e)(4)(A) of the Internal Revenue This is in reply to a letter dated May 26, 1999, seeking consent to revoke, for Year a and subsequent calendar years, an election previously made by Funds 1, 2, 3, 4, 5, 6, 7, and 8 under § 4982(e)(4)(A) of the Internal Revenue.
199950009(PDF, 30K)	5/25/2000
Commuter Green Cards: This Service Center Advice responds to your memorandum dated May 27, 1999. Issue: What is the U.S. tax status of green cardholders who commute to work in the United States, but reside in Canada or Mexico ("commuter" green cardholders).
199950008(PDF, 52K)	5/25/2000
This Field Service Advice responds to your memorandum dated July 2, 1999. 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. issues (1) Whether the increased rate of interest on substantial underpayments of tax attributable to tax motivated transactions is a partnership item.
199950007(PDF, 36K)	5/25/2000
Appointment of TMP of Bankrupt Partnership: This Field Service Advice responds to your memorandum dated June 9, 1999. 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.
199950006(PDF, 67K)	5/25/2000
Issue: Assuming arguendo that interest expenses arising from debt incurred to pay premiums on corporate owned life insurance policies ("COLI") are deductible, whether such interest expenses are directly allocable to the "income" generated from the COLI policies under Treasury Regulation § 1.861-10T(c), or subject to the general allocation rules of Treas. Reg. § 1.861-9T.
199950005(PDF, 15K)	5/25/2000
Issue: Whether fourth quarter retail sales of inventory, under the facts and cInternal Revenue Codeumstances described herein, should be treated as an extraordinary item under § 1.1502-76(b)(2)(ii)(C), and thereby precluded from being ratably allocated under § 1.1502-76(b)(2)(ii). FACTS: Parent is the common parent of a consolidated group that files a consolidated federal income tax return based on a 52/53 week fiscal year ending on the Friday nearest Date A.
199950004(PDF, 27K)	12/16/1999
May 24, 1999, 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.
199950003(PDF, 11K)	12/1/1999
April 21, 1999 request for rulings on certain federal income tax consequences of a proposed transaction.
199950002(PDF, 53K)	12/1/1999
Issues: (1) Whether the royalties received by Corp A from Corp C are exempt from withholding under § 881 and 1442 of the Code pursuant to Article A(1) of Treaty 1. (2) Whether the royalties received by Corp B from Corp A are subject to withholding under § 881 and 1442 of the Internal Revenue Code pursuant to Article A(5) of Treaty 1.(3) Whether the royalties received by Corp B from Corp D are exempt from withholding under § 881 and 1442 of the Code pursuant to Article A(1) of Treaty 1.
199950001(PDF, 26K)	12/17/1999
Issue: Whether the Internal Revenue Service (the “Service”) could revoke a release of notices of federal tax lien such that the liens are reinstated and reattach to the prepetition property of the above-named debtor in a Chapter 7 bankruptcy case where, following the release, abatements were made of the underlying tax assessments.

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1999 Chief Counsel'sWritten Determinations

1999 Chief Counsel's
Written Determinations