2000 Chief Counsel's
Written Determinations
200005000 to 200009999
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.
| 200009068(PDF, 356K) |
9/1/2001 |
| This is in reply to your rulings request of March 3, 1999, as modified by your letter of November 19, 1999, on X's proposed transfer of one-half of its assets to Y pursuant to § 507(b)(2) of Code. |
| 200009067(PDF, 420K) |
9/1/2001 |
| This is in response to a ruling request dated March 10, 1998, as supplemented by letters dated May 13, 1998, July 2, 1998, January 11,1999, March 9, 1999, March 11, 1999, April 30, 1999, May 3, 1999, June 25, 1999, July I, 1999, July 13, 1999, August 18, 1999, and October I, 1999, submitted on your behalf by your authorized representative, with respect to an arrangement described in § 403(b)(l) of the Internal Revenue Code. |
| 200009066(PDF, 496K) |
9/1/2001 |
| This is in reply to your letter dated November 16, 1998, requesting application of the basis recovery rules under § 72(d)(l)(B)(iii) of the Internal Revenue Code. |
| 200009065(PDF, 399K) |
9/1/2001 |
| This letter is in response to your ruling request dated November 16, 1998, as supplemented by letters dated April 1,1999, April 9, 1999, May 19, 1999, June 14, 1999, June 15, 1999, July 26, 1999, August 26, 1999, and November 30, 1999, submitted on your behalf by your authorized representatives concerning the effect of certain legislation upon Plan X. |
| 200009064(PDF, 324K) |
9/1/2001 |
| This letter is in response to a ruling request dated July 27, 1999, as supplemented by correspondence dated October 28,1999, submitted on your behalf by your authorized representative, concerning whether Plan X qualifies as a church plan within the meaning of § 414(e) of the Internal Revenue Code (Code*'). |
| 200009063(PDF, 834K) |
9/1/2001 |
| We have considered your ruling request with regard to the federal income tax consequences of the proposed transfer of assets from X to V. |
| 200009062(PDF, 228K) |
9/1/2001 |
| This is in response to your request for a private letter ruling dated I, as supplemented by letters, and submitted on your behalf by your authorized representative. |
| 200009061(PDF, 368K) |
9/1/2001 |
| This is in response to your request for a private letter ruling dated and supplemented by letters dated X. and submitted on your behalf by your authorized representative. |
| 200009060(PDF, 393K) |
9/1/2001 |
| This is in reply to your rulings request of January 27, 1999, on P's proposed transfer of all of its assets to S, T, and U pursuant to § 507(b)(2) of the Internal Revenue Code. |
| 200009059(PDF, 202K) |
9/1/2001 |
| Request for certain rulings with respect to a proposed transfer of assets. |
| 200009058(PDF, 163K) |
9/1/2001 |
| This is in response to a ruling request dated August 24, 1999, submitted on your behalf by your authorized representative. |
| 200009057(PDF, 96K) |
9/1/2001 |
| This letter responds to your letter dated September 20, 1999, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations for X to elect to be treated as a corporation for federal tax purposes. |
| 200009056(PDF, 167K) |
9/1/2001 |
| This is in reply to a letter dated July 21, 1999, on behalf of Fund A and Fund B, seeking consent to revoke, for Year A and subsequent calendar years, a previous election made by each Fund under § 4982(e) (4) (A) of the Internal Revenue Code of 1986, as amended. |
| 200009055(PDF, 288K) |
9/1/2001 |
| This is in reply to Your rulings request, dated January 11, 1999, concerning X's proposed transfer of all of its assets to Y and 2 pursuant to § 507(b)(2) of the Internal Revenue Code. |
| 200009054(PDF, 331K) |
9/1/2001 |
| This is in reply to your rulings request of March 17, 1999, on X's proposed transfer of all of its assets to Y pursuant to § 507ib1(2) of the Internal Revenue Code. |
| 200009053(PDF, 323K) |
9/1/2001 |
| This is in reference to your letter of August 4, 1999, requesting advance approval of your grant-making procedures under § 4945(g) of the Internal Revenue Code. |
| 200009052(PDF, 407K) |
9/1/2001 |
| This is in reply to your rulings request of February 9, 1999, concerning trust T's proposed transfer of all of its assets to corporation C pursuant to § 507lb1(21 of the Internal Revenue Code. |
| 200009051(PDF, 507K) |
9/1/2001 |
| This is in response to your letter dated March 10, 1999, prepared by your authorized representative, in which you requested rulings relating to the noted § of the Internal Revenue Code. |
| 200009050(PDF, 129K) |
9/1/2001 |
| We respond to a letter from your authorized representative, dated July 27, 1999, requesting that we supplement our letter rulings dated April 15, 1998 (PLR-11958-97) (the "Prior Letter Ruling") and July 13, 1998 (PLR-111623-98) (the "Prior Supplemental Letter Ruling"). Additional information was submitted on September 21, October 8, and November 24, 1999. |
| 200009049(PDF, 421K) |
9/1/2001 |
| This is in reply to your rulings request, dated December 3, 1998, concerning T's proposed transfer of all of its assets to C pursuant to § 5071blf2) of the Internal Revenue Code. |
| 200009048(PDF, 422K) |
9/1/2001 |
| This is in reply to your rulings request of November 20, 1998, on X's proposed transfer of all of its assets to Y to § 507(b)(l IIA) of the Internal Revenue Code. |
| 200009047(PDF, 291K) |
9/1/2001 |
| This is in response to your request for a private letter ruling, dated January 3, 1997, as supplemented by correspondence dated April 22, 1997, and August 29, 1997, which was submitted on your behalf by your authorized representative. The request concerns whether certain proposed distributions to former employees of Company A would be made on account of the employees' "separation from service" within the meaning of § 401(k)(2)(B)(i)(I) of the Internal Revenue Code . |
| 200009046(PDF, 253K) |
9/1/2001 |
| This is in reply to your request for a ruling, concerning whether certain payments made from the Settlement Fund give rise to wages to the Plaintiffs for purposes of the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), and Collection of Income Tax at Source on Wages. |
| 200009045(PDF, 34K) |
3/3/2000 |
| Issues: If for a particular tax year the Service sends a taxpayer a set of questions regarding the taxpayer's direct interest in corporations and trusts and direct and indirect interests in partnerships and disregarded entities and reviews the answers, will that constitute the start of an exam so that any subsequent examination activities with respect to the same taxpayer for the same year may constitute a second exam for which notice would be required under § 7605(b)? Does the information being requested constitute "books of account" under § 7605(b), so that subsequent to receiving the information, the Service could only further inspect the taxpayer's books and records if § 7605(b) notice is provided? |
| 200009044(PDF, 29K) |
3/3/2000 |
| Issue: Whether § 11-461 of the Arizona Revised Statutes is sufficient to permit electronic filing of notices of federal tax lien within the meaning of Treasury Regulation § 301.6323(f)-1(d)(2). |
| 200009043(PDF, 48K) |
3/3/2000 |
| Advice regarding when to issue a Notice of Determination Concerning Worker Classification Under § 7436 with respect to a worker who is a corporate officer. |
| 200009042(PDF, 19K) |
3/3/2000 |
| Request dated August 6, 1999, for rulings on the federal income tax consequences of a proposed transaction. You submitted additional information in letters dated September 20, 1999, October 18, 1999, and November 30, 1999. Distributing, a State X corporation, uses the cash method of accounting, has a calendar tax year and is engaged in Business 1. |
| 200009041(PDF, 10K) |
3/3/2000 |
| 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 August 12, 1998; October 2, 1998; June 9, 1999; and September 16, 1999. |
| 200009040(PDF, 9.5K) |
3/3/2000 |
| Requesting a ruling that Taxpayer be given an extension of time to make the election under § 469(c)(7)(A) of the Internal Revenue Code and § 1.469-9(g)(3) of the Income Tax Regulations to treat all interests in rental real estate as a single rental real estate activity. FACTS: Taxpayer has represented the following facts. Taxpayer qualifies under § 469(c)(7)(A) and (B) to make the election to treat all interests in rental real estate as a single activity. |
| 200009039(PDF, 7.4K) |
3/3/2000 |
| 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, B, and C (Shareholders) own all the stock of X. Shareholders represent that they intended that X be an S corporation beginning Year 1, its first taxable year. |
| 200009038(PDF, 6.7K) |
3/3/2000 |
| 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 is the sole shareholder and president of X. |
| 200009037(PDF, 9.6K) |
3/3/2000 |
| Requesting a ruling that X be granted an extension of time in which to elect to treat its subsidiary A as a qualified subchapter S subsidiary (QSub). FACTS: X is a holding company incorporated on Date 1 that timely filed an S election effective Date (1) On Date 2 X acquired all of the outstanding stock of A. |
| 200009036(PDF, 7.5K) |
3/3/2000 |
| 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, and D (Shareholders) are the shareholders of X. |
| 200009035(PDF, 6.1K) |
3/3/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A is the sole shareholder and president of X. |
| 200009034(PDF, 6.3K) |
3/3/2000 |
| Requesting permission to change their accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective The taxpayers have requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations. |
| 200009033(PDF, 6.4K) |
3/3/2000 |
| Requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending 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. |
| 200009032(PDF, 24K) |
3/3/2000 |
| Requesting a ruling that the acquisition of a project by Partnership is in conformance with the 10-year holding period requirement in § 42(d)(2)(B)(ii) of the Internal Revenue Code. The Internal Revenue Service District Office that will have examination jurisdiction over Partnership is located in City 1. |
| 200009031(PDF, 9.1K) |
3/3/2000 |
| Request for a letter ruling supplementing our letter ruling dated April 14, 1999 (the "Prior Letter Ruling")(199940003), as supplemented by a letter ruling dated July 15, 1999 (the "First Supplemental Ruling")(199941027). The legend abbreviations, Summary of Facts, Proposed Transactions, Representations, and Caveats appearing in the Prior Letter Ruling are incorporated by reference. |
| 200009030(PDF, 6.4K) |
3/3/2000 |
| 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. |
| 200009029(PDF, 8.7K) |
3/3/2000 |
| Requesting a ruling under § 1362(d)(2)(A) of the Internal Revenue Code that X's S election will not terminate if X transfers shares of its stock to employees of a limited partnership in which it is the general partner. FACTS: According to the information submitted, X is an S corporation that is the sole general partner of Y, a limited partnership. |
| 200009028(PDF, 16K) |
3/3/2000 |
| Rulings as to the federal income tax consequences of a proposed transaction. |
| 200009027(PDF, 17K) |
3/3/2000 |
| Request a ruling that a proposed amendment to Trust will not cause Trust to lose its exempt status for generation-skipping transfer tax (GSTT) purposes under § 1433(b)(2)(A) of the Tax Reform Act of 1986 and § 26.2601-1(b)(1)(i) of the Generation-Skipping Transfer Tax Regulations or cause Trust or any distributions from it to be subject to GSTT under § 2601 of the Internal Revenue Code. |
| 200009026(PDF, 18K) |
3/3/2000 |
| Rulings as to the federal income tax consequences of a proposed transaction. |
| 200009025(PDF, 16K) |
3/3/2000 |
| Requesting a ruling that X, and certain members of its consolidated group, Sub1, Sub2, and Sub3, are entitled to claim a 100 percent dividends received deduction pursuant to § 245(c) of the Internal Revenue Code of 1986 for their respective share of dividends received from a foreign sales corporation through a partnership. |
| 200009024(PDF, 6.2K) |
3/3/2000 |
| 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. |
| 200009023(PDF, 16K) |
3/3/2000 |
| Requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file elections. The extension is being requested for Parent and Sub to file an election under § 1.1502-75 of the Income Tax Regulations. Additional information was received in letters dated September 22, 1999, and October 7, 1999. Parent's and Sub's returns for Year 1, Year 2, and Year 3 are under examination with the applicable District Director and this request has been coordinated with the District Director's office pursuant to Rev. Proc. 99-1, 1999-1 C.B. 6, and Rev. Proc. 99-2, 1999-1 C.B. 73. |
| 200009022(PDF, 100K) |
3/3/2000 |
| Issues: (1) For Taxable Year 1, whether a controlled taxpayer may claim that a cost sharing arrangement is a bona fide cost sharing arrangement pursuant to Temporary Treasury Regulation § 1.482-7T despite its failure to attach a cost sharing statement to its U.S. income tax return or Forms 5471. (2) For Taxable Year 2, whether a controlled taxpayer may claim that a cost sharing arrangement is a qualified cost sharing arrangement under Treas. Reg. § 1.482-7(a)(1) despite its failure to substantially comply with Treas. Reg. § 1.482-7(c)(1)(iii) and the administrative requirements of Treas. Reg. § 1.482-7(j) due to its failure to attach a cost sharing statement to its U.S. income tax return or Forms 5471. |
| 200009021(PDF, 7.3K) |
3/3/2000 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated in a under the laws of State. Company had three shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200009020(PDF, 7.3K) |
3/3/2000 |
| 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. |
| 200009019(PDF, 7.2K) |
3/3/2000 |
| 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 two shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200009018(PDF, 8.0K) |
3/3/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS X was incorporated under State law. 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. |
| 200009017(PDF, 8.0K) |
3/3/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. Facts X was incorporated on Date (1) The sole shareholder of X desired that X elect S corporation treatment for X, effective on Date 1, but the election to be treated as an S corporation was not timely filed. Accordingly, X requests a ruling that it will be treated as an S corporation effective Date 1. |
| 200009016(PDF, 65K) |
3/3/2000 |
| Issues: (1) Whether the Service is estopped or bound by a duty of consistency to allow Bank to treat certain of its interbranch borrowings liabilities) as third-party liabilities in Step-Three of § 1.882-5(b)(3)(i). (2) Whether the Service is estopped or bound by a duty of consistency to allow Bank to determine its U.S.-connected interest rate under a self-initiated two-step methodology not authorized by § 1.882-5(b)(3)(i)(A) or whether Bank is required to treat such liabilities fungibly with all of its other third-party liabilities shown on the books of its U.S. branch. |
| 200009015(PDF, 8.4K) |
3/3/2000 |
| Issues: (1) Whether the Service is estopped or bound by a duty of consistency to allow Bank to treat certain of its interbranch borrowings liabilities) as third-party liabilities in Step-Three of § 1.882-5(b)(3)(i). (2) Whether the Service is estopped or bound by a duty of consistency to allow Bank to determine its U.S.-connected interest rate under a self-initiated two-step methodology not authorized by § 1.882-5(b)(3)(i)(A) or whether Bank is required to treat such liabilities fungibly with all of its other third-party liabilities shown on the books of its U.S. branch. |
| 200009014(PDF, 6.6K) |
3/3/2000 |
| 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. |
| 200009013(PDF, 10K) |
3/3/2000 |
| Request for a ruling on behalf of X, concerning the federal income tax consequences under § 404 of the Internal Revenue Code of the payment of certain amounts to participants in a stock appreciation (SAR) plan. X, a calendar year S corporation, established the Stock Appreciation Rights Plan For Key Employees of X in 1989 ("Plan"). Pursuant to the plan, key employees of X and its subsidiaries are granted SAR's in order to advance the interests of X through motivation, attraction and retention of those key employees. Under the terms of the Plan, employees who are awarded SAR's must remain employed by X or its subsidiaries for at least one year. All SAR's are nontransferable and can only be surrendered by the employees to whom they are awarded. |
| 200009012(PDF, 39K) |
3/3/2000 |
| Issue: Whether Corporation Y, having elected cost sharing under Internal Revenue Code § 936(h), is entitled to the benefits of location savings as provided in Rev. Proc. 63- (10) If so, whether this answer is affected by the fact that Corporation X's major competitors also have manufacturing subsidiaries in Puerto Rico. |
| 200009011(PDF, 40K) |
3/3/2000 |
| Issues: (1) Is taxpayer's method for accounting for retirements a method of accounting, which requires approval to change? (2) Once taxpayer elects the percentage repair allowance (PRA) provision of Treasury Regulation § 1.167(a)-11(d) of the Asset Depreciation Range system ("ADR") pursuant to Internal Revenue Code § 263(f) (redesignated § 263(e)), do the ADR regulations then provide "express provision," as required by § 446(e) for taxpayer to change its consistently applied method of accounting for retirements? (3) Would a change in method of accounting for retirements involve § 481 adjustments? (4) How should taxpayer account for equipment retirements in future years for ADR and non-ADR assets? |
| 200009010(PDF, 31K) |
3/3/2000 |
| Issue: Whether Taxpayer may deduct vacation pay in the taxable year it accrued, when Taxpayer did not make a contribution to the Trust to fund the vacation pay until the following year. |
| 200009009(PDF, 27K) |
3/3/2000 |
| Request for a ruling submitted in a letter dated June 4, 1999, and subsequent correspondence on behalf of Entity X concerning X's proposed nonqualified deferred compensation plan (the "Plan") and a related trust (the "Trust"). You represent that X is exempt from federal income tax under § 501(c)(3) of the Internal Revenue Code and that it is a public charity within the meaning of § 509(a) of the Code. The Plan is designed to be an ineligible deferred compensation plan within the meaning of § 457(f) of the Code and to benefit solely X's president, Employee A. You represent that A is a member of a "select group of management or highly compensated employees." |
| 200009008(PDF, 39K) |
3/3/2000 |
| Issues: (1) What is the proper entity to execute a consent to extend the statute of limitations for assessment for Corp. 3 for the tax periods ending on Date 1 and Date 2? (2) What is the proper entity to execute a consent to extend the statute of limitations for assessment for Corp. 4 for the tax periods ending on Date 1 and Date 2? (3) Should a transferee consent be obtained from Corp. 1, because it received the assets from Corp. 3 which dissolved on Date 6 and Corp. 4 which dissolved on Date 7? (4) What is the proper entity to execute a consent to extend the statute of limitations for assessment for P for the tax period ending on Date 1 and Date 2? |
| 200009007(PDF, 37K) |
3/3/2000 |
| Issue: Did a telephone conversation between the Appeals Settlement Officer and the taxpayer's representative constitute a Collection Due Process (CDP) hearing pursuant to Internal Revenue Code § 6330 where the discussion was limited to the necessity of the taxpayer filing a 19dd income tax return before an installment agreement or offer in compromise could be explored? |
| 200009006(PDF, 37K) |
3/3/2000 |
| Issues: (1) Whether amounts paid by Taxpayer to its parent company, B, purportedly in consideration for the following two guarantees qualify as insurance premiums deductible by Taxpayer: (a) B's guaranty to an unrelated third party, K, that Taxpayer's subsidiaries, C and D, would meet their obligations to contribute amounts to a limited partnership in which C, D, and K were limited partners; and (b) B's guaranty to Taxpayer's subsidiary, E, that Taxpayer would meet its obligation to repay a loan from E. (2) Whether either of these guarantees should be considered shams. |
| 200009005(PDF, 10K) |
3/3/2000 |
| Issue: Is Taxpayer exempt from the tax imposed by § 4251 of the Internal Revenue Code with respect to the services described below by reason of § 4253(f)? |
| 200009004(PDF, 17K) |
3/3/2000 |
| Issues: (1) Do bank customer deposit account arrangements constitute debt for purposes of § 263A(f) of the Internal Revenue Code and § 1.263A-9 of the Income Tax Regulations? (2) Is the taxpayer required to capitalize any interest in connection with expenditures it made for the production of its office facility? |
| 200009003(PDF, 63K) |
3/3/2000 |
| Issues: Whether Corp A, a State A corporation, ("Corp A") is entitled to claim a short term capital loss of $$aa resulting from the sale of Corp A common stock by an affiliate in which the basis of the stock sold was increased under Treasury Regulation § 1.302-2 (c)? Subsidiary issues include: (1) whether the creation of an artificial built-in loss asset by Corp A's repurchase of its stock from Corp B, a State B corporation, wholly owned by Corp A, ("Corp B") for Corp A's convertible note (the "Convertible Note" or "Note") should be disregarded for Federal income tax purposes as a sham, (2) whether the step transaction doctrine should apply, (3) whether § 1059 should apply, (4) whether the basis shift is a proper adjustment, and (5) whether the Convertible Note is property under § 317. |
| 200009002(PDF, 33K) |
3/3/2000 |
| Issue: Whether penalties provided under § 6662 of the Internal Revenue Code should be asserted with respect to Taxpayer's claiming of deductions for contributions to the Trust. |
| 200009001(PDF, 13K) |
3/3/2000 |
| Request submitted for approval by memorandum dated As of this office have advised, our review of this application has led us to conclude that although the affidavit may set forth enough evidence to establish probable cause to believe certain violations of Title 26 and Title 18 have occurred, it does not set forth a sufficient factual predicate to establish probable cause to believe the records, books, and computer equipment sought are located on the premises to be searched or are likely to contain evidence of the crimes alleged to have been committed. Accordingly, we are not inclined to approve the application as presently drafted and are closing our files and returning the search warrant and application package. |
| 200008048(PDF, 98K) |
8/24/2001 |
| This ruling modifies the ruling this office issued you on February 10, 1999, (PLR 199918065). |
| 200008047(PDF, 213K) |
8/24/2001 |
| This is in response to a ruling request dated June 24, 1999, as supplemented by correspondence dated October 5, 1999, submitted by your authorized representative, regarding the federal income tax consequences of certain distributions from Plan X. |
| 200008046(PDF, 159K) |
8/24/2001 |
| This is in response to a ruling request dated August 10, 1999, as supplemented by a letter dated October 19, 1999, submitted by your authorized representative, Rulings regarding the federal income tax consequences of proposed distributions from Plan X. |
| 200008045(PDF, 160K) |
8/24/2001 |
| This is in response to a ruling request dated August 10, 1999, as supplemented by a letter dated October 19, 1999, submitted by your authorized representative, regarding the federal income tax consequences of proposed distributions from Plan X. |
| 200008044(PDF, 330K) |
8/24/2001 |
| This letter is in response to a letter dated August 11, 1999, submitted by your authorized representative on your behalf requesting a ruling regarding the federal income tax treatment of certain transactions. |
| 200008043(PDF, 329K) |
8/24/2001 |
| This is in response to your ruling request dated June 17, submitted by your authorized representative, concerning the federal income tax consequences of certain transactions under § 401(k) of the Internal Revenue Code. |
| 200008042(PDF, 304K) |
8/24/2001 |
| Requesting an extension of time to file an election under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 200008041(PDF, 150K) |
8/24/2001 |
| 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. |
| 200008040(PDF, 199K) |
8/24/2001 |
| This is in response to a ruling request dated submitted by your authorized representative, for rulings under § 409(l) of the Internal Revenue Code . |
| 200008039(PDF, 182K) |
8/24/2001 |
| Requesting a ruling that the income of Association is excludible from gross income for federal income tax purposes under § 115(l) of the Internal Revenue Code. Association also has requested a ruling concerning its filing requirements. |
| 200008038(PDF, 251K) |
8/24/2001 |
| This is in response to your submission of on behalf of Decedent's estate, in which you request an extension of time under § 301.9100-l 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. |
| 200008037(PDF, 475K) |
8/24/2001 |
| Pursuant to a power of attorney on file in this office, this responds to a letter submitted on behalf of Company requesting rulings concerning the ability of Owner to pass the rehabilitation credit attributable to the rehabilitation of Project to Company. |
| 200008036(PDF, 600K) |
8/24/2001 |
| Requesting a private letter ruling that activities associated with the ownership and operation of self-storage facilities (as described below) will not cause otherwise qualifying amounts received by Company from its business to be treated as other than "rents from real property" under § 856(d) of the Internal Revenue Code. |
| 200008035(PDF, 10K) |
2/25/2000 |
| 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 October 4, 1999. The information submitted for consideration is substantially as set forth below. |
| 200008034(PDF, 20K) |
2/25/2000 |
| Requesting an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Purchaser and Sellers are requesting an extension to file a "section 338(h)(10) election" under §§ 338(g) and 338(h)(10) of the Internal Revenue Code and § 1.338(h)(10)-1(d) of the Income Tax Regulations (the "Election"), with respect to Purchaser's acquisition of the Target stock on Date A. |
| 200008033(PDF, 19K) |
2/25/2000 |
| 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 by Purchaser to file elections under § 338(g) of the Internal Revenue Code and §§ 1.338-1(d) and 1.338-1(g) of the Income Tax Regulations, with respect to Purchaser's acquisition of the stocks of Target #1 and Target #2 (sometimes hereinafter referred to collectively as the "Elections" or "Election") on Date A. Additional information was received on September 17, 1999. |
| 200008032(PDF, 7.3K) |
2/25/2000 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated in a under the laws of State. Company had two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200008031(PDF, 7.8K) |
2/25/2000 |
| 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 two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200008030(PDF, 7.3K) |
2/25/2000 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated in a under the laws of State. Company has two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200008029(PDF, 7.2K) |
2/25/2000 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated in a. Company has two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200008028(PDF, 7.9K) |
2/25/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X began doing business under State law on D1. X's shareholders intended that X be a subchapter S corporation, effective D1; however, an S corporation election to be treated as an S corporation was not timely filed. |
| 200008027(PDF, 13K) |
2/25/2000 |
| Requesting a ruling that the rental income that Company receives from the Properties will not be passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. FACTS: According to the information submitted, Company, an S corporation with accumulated earnings and profits, was incorporated on d1 in State, and elected on d2 under § 1362 to be taxed as an S corporation. |
| 200008026(PDF, 7.9K) |
2/25/2000 |
| 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. |
| 200008025(PDF, 14K) |
2/25/2000 |
| Requesting a ruling concerning the federal income tax consequences of the contribution of property to a partnership. FACTS: According to the information submitted, A is a State limited partnership formed for the purpose of making investments in various stocks and securities. |
| 200008024(PDF, 8.7K) |
2/25/2000 |
| Requesting a private letter ruling on behalf of X regarding a ruling under § 115 of the Internal Revenue Code. FACTS: X, a corporation, was created pursuant to the Law of State. X's articles of incorporation provide that its charitable and public purposes are (1) to purchase, lease or finance, or participate, assist or advise in the purchase, lease or finance of, equipment, materials, products or other property or services involving one or more states or political subdivisions thereof, or (2) participate in financing transactions with one or more states or political subdivisions thereof, or assist or advise one or more states or political subdivisions thereof with respect to their financing transactions. |
| 200008023(PDF, 23K) |
2/25/2000 |
| Requesting rulings that:1. The Fund's proposed Value Class Bonus Share arrangement will not result in the payment by the Portfolios of preferential dividends within the meaning of § 562(c) of the Code. (2) The Fund's proposed Value Class Bonus Share arrangement will not constitute a distribution of property to shareholders within the meaning of § 301, but will be treated for federal income tax purposes as an adjustment of an investor's purchase price of Portfolio shares, and (3) An investment in any Portfolio by an individual retirement account described in § 408 and 408A of the Code and by any § 403(b) plan will not prevent a Separate Account from looking through to the Portfolio's underlying assets for purposes of § 817(h) of the Code. |
| 200008022(PDF, 22K) |
2/25/2000 |
| Requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file elections. The extension is being requested by Parent (as the common parent of the consolidated group of which Purchaser was a member, the successor in interest of Purchaser, and the United States Shareholder of Purchaser) to file Elections under § 338(g) of the Internal Revenue Code and §§ 1.338-1(d) and (g) of the Income Tax Regulations, with respect to Purchaser's acquisition of Target and Sub stock on Date A (hereinafter referred to collectively as the "Elections"). Additional information was received in a letter dated September 27, 1999. The material information submitted for consideration is summarized below. |
| 200008021(PDF, 10K) |
2/25/2000 |
| Requesting a ruling that X's election to be treated as an S corporation was an inadvertent invalid election under § 1362(f) of the Internal Revenue Code. FACTS: According to the information submitted, X was incorporated on Date (1) Subsequent to incorporation X made an S corporation election, effective Date 1, that was accepted by the applicable Service Center. |
| 200008020(PDF, 8.0K) |
2/25/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The sole shareholder of X desired that X elect S corporation treatment for X, effective on Date 1, but the election to be treated as an S corporation was not timely filed. Accordingly, X requests a ruling that it will be treated as an S corporation effective Date 1. |
| 200008019(PDF, 63K) |
2/25/2000 |
| Issues: 1 (a) Where an individual income tax return is sent to the IRS by the U.S. Virgin Islands ("VI") Bureau of Internal Revenue ("BIR") as part of the request to the IRS for the cover over (under § 7654)1 of taxes withheld and paid to the United States on payments made to a bona fide resident of the VI ("BRVI"), and where the IRS determines there is an overpayment, may the IRS refund the overpayment? (b) If it is determined that it is proper to refund an overpayment under these cInternal Revenue Codeumstances, from what date does the interest calculation period commence under § 6611? 2) What procedure should be followed when as part of the cover over process, the IRS receives an income tax return from the BIR (which was filed by a BRVI with the VI) that contains a self-assessment of self employment tax on a U.S. Form 1040schedule SE (and does not contain a U.S. Form 1040SS), and such self-employment tax was paid into the BIR? 3 (a) Is the IRS bound by a determination of the BIR that an individual taxpayer is a BRVI, when such taxpayer originally filed a U.S. Form 1040 with the IRS not indicating such status? (b) Is the IRS bound by a determination of the BIR that an individual taxpayer should have allocated his tax liability between the VI and the United States through the use of a U.S. Form 8689 when such taxpayer originally filed a U.S. Form 1040 with the IRS without such allocation? |
| 200008018(PDF, 51K) |
2/25/2000 |
| Issues: (1) Whether the intangibles at issue, in particular Taxpayer's favorable financing, are assets that may be amortized under Internal Revenue Code § 167. (2) Assuming the intangibles are amortizable assets, whether the amount subject to amortization is the adjusted cost basis of such assets on January 1, Year 2, the date Taxpayer became a taxable entity pursuant to Act, or the fair market value of such assets on that date. (3) Assuming amortization is otherwise permissible under § 167 and under the Act, whether Taxpayer is entitled, under § 263 concepts, to current deductions with respect to similar items acquired after January 1, Year 2. |
| 200008017(PDF, 14K) |
2/25/2000 |
| Requesting a ruling that X's rental income is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code and S corporation election relief under § 1362(b)(5). FACTS: X was incorporated on D1. X intended to be treated as an S corporation for federal income tax purposes effective on D2, but the S election was not timely filed. |
| 200008016(PDF, 10K) |
2/25/2000 |
| Requesting a ruling that X be granted an extension of time in which to elect to treat its subsidiary W and W's subsidiaries Y and Z as qualified subchapter S subsidiaries (QSub). FACTS: X is a holding company. On Date 1 X acquired all of the outstanding stock of W. Prior to X's acquisition of W, W was an S corporation as defined in § 1361(a)(1). |
| 200008015(PDF, 10K) |
2/25/2000 |
| Requesting a ruling that the proposed restructuring described below will not terminate X's subchapter S corporation status under § 1362(d)(2)(A) of the Internal Revenue Code. FACTS: X was incorporated under State 1 law. Effective D1, X elected to be treated as a subchapter S corporation. A and B are individual shareholders of X. |
| 200008014(PDF, 11K) |
2/25/2000 |
| Ruling was requested that X be given an extension of time in which to elect to treat ten subsidiaries, S1, S2, S3, S4, S5, S6, S7, S8, S9, and S10 as qualified subchapter S subsidiaries (QSUBs) under § 1361(b)(3)(B) of the Internal Revenue Code. FACTS: S1, S2, S3, S4, S5, S6, S7, S8, S9, and S10 were incorporated under State law and are wholly owned subsidiaries of X, a subchapter S corporation. |
| 200008013(PDF, 12K) |
2/25/2000 |
| Requesting a ruling that the rental income received by X and its qualified subchapter S subsidiaries (QSUBS) from Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Code. FACTS: X has elected to be an S corporation and is engaged in the business of owning and managing real estate. |
| 200008012(PDF, 32K) |
2/25/2000 |
| Issues: (1) Whether the merger of X into Y fails to qualify as a reorganization under Internal Revenue Code § 368(a)(1)(A) for lack of continuity of interest. (2) If the transaction is not a valid tax-free reorganization under § 368(a)(1)(A), whether Y is entitled to deductions for "losses incurred" for the "unanticipated adverse development" to the loss reserves assumed by Y as part of the X acquisition. |
| 200008011(PDF, 13K) |
2/25/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. |
| 200008010(PDF, 13K) |
2/25/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. |
| 200008009(PDF, 13K) |
2/25/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. |
| 200008008(PDF, 13K) |
2/25/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. |
| 200008007(PDF, 5.3K) |
2/25/2000 |
| U.S. Department of Justice Legislative Comparison of House and Senate Forfeiture Bills. U.S. Department of Justice Legislative Comparison of House and Senate Forfeiture Bills. This transmits a copy of the U.S. Department of Justice's Legislative Comparison of the House and Senate Forfeiture Bills dated October 19, 1999. |
| 200008006(PDF, 14K) |
2/25/2000 |
| Issue: Whether the tax advice privilege, which under the plain terms of Internal Revenue Code § 7525(a)(2) is not applicable in criminal tax matters or proceedings, effectively applies in such criminal matters or proceedings where the subject communications occurred during, or with respect to, earlier civil matters or proceedings. |
| 200008005(PDF, 49K) |
2/25/2000 |
| Issues: (1) Whether exit and entrance fees incurred by Taxpayer on account of its transfer of insured deposits from the Savings Association Insurance Fund to the Banking Insurance Fund should be treated as ordinary and necessary business expenses or capital expenditures during the years at issue. (2) If the fees are capital expenditures, whether they are subject to an allowance for depreciation. |
| 200008004(PDF, 21K) |
2/25/2000 |
| Requesting an extension of time, under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations, to file an election. Parent (as the common parent of the consolidated group that includes Purchaser, the acquiring corporation) and Sellers are requesting an extension to file a "section 338(h)(10) election" under §§ 338(g) and 338(h)(10) of the Internal Revenue Code and § 1.338(h)(10)-1(d) of the Income Tax Regulations (the "Election") with respect to Purchaser's acquisition of the Target stock on Date B. Additional information has been received in letters dated June 9 and July 26,1999. |
| 200008003(PDF, 32K) |
2/25/2000 |
| Issues: (1) Whether Electing Spouse is entitled to innocent spouse relief under Internal Revenue Code § 6015 when no liability for tax remained unpaid on July 22, 1998, the date of enactment of § 3201 of the I.R.S. Restructuring and Reform Act of 1998. (2) What language should a stipulated decision contain to reflect that the petitioner is not relieved from joint and several liability on the joint return filed for the taxable year in suit? |
| 200008002(PDF, 39K) |
2/25/2000 |
| Issues: (1) Whether X's retail and wholesale installment receivables are customer paper for purposes of Treasury Regulation §1.475(c)-1(b)(2)? (2) Whether X must obtain the consent of the Commissioner before it changes its method of accounting to comply with Internal Revenue Code § 475, if that change is made after Year 2? |
| 200008001(PDF, 9.8K) |
2/25/2000 |
| Request submitted for approval by memorandum dated (we note that it was not received by our office until ). As of this office has advised of your office, our review of this application has led us to conclude that the affidavit does not set forth a sufficient factual predicate to establish probable cause to believe that the alleged violations of Title 26 have transpired and that the books, records, and computer equipment sought are likely to contain evidence of such crimes. Accordingly, we are not inclined to approve the application as presently drafted and are closing our files and returning the search warrants and application package. |
| 200007042(PDF, 340K) |
8/24/2001 |
| Request for rulings with respect to the proposed transfer of all the net assets of B to C and D. |
| 200007041(PDF, 346K) |
8/24/2001 |
| This is in response to your letter dated August 27, 1999, in which you requested certain rulings with respect to the proposed transfer of all of the net assets of B to C and D. |
| 200007040(PDF, 212K) |
8/24/2001 |
| This is in response to your request, dated July 30. 1999, for a ruling on whether the purchase by "B" of three condominium units from "G" constitutes an act of direct or indirect self-dealing under § 4941(d) of the Internal Revenue Code. |
| 200007039(PDF, 134K) |
8/24/2001 |
| This letter responds to x's request dated May 27, 1999 for a ruling whether its payment of compensation to board members will constitute self-dealing under § 4941 of the Internal Revenue Code. |
| 200007038(PDF, 317K) |
8/24/2001 |
| This is in response to a supplemented by letters dated letter dated xxxxx, 1999, as xxxxx, 1999, and xxxxx, 1999, in which your authorized representative requested private letter rulings on your behalf relating to the Federal income tax consequences of a legal settlement fund being paid into a qualified plan. |
| 200007037(PDF, 606K) |
8/24/2001 |
| This is in response to M's request for certain rulings under § 507, 4940, 4941, 4942, and 4945 of the Internal Revenue Code (here after Code). |
| 200007036(PDF, 278K) |
8/24/2001 |
| This is in response to a ruling request dated January 19, 1999, as supplemented by additional correspondence dated March 3, 1999, March 17, 1999, April 6, 1999 and April 30, 1999, in which you request a ruling concerning whether Plan X qualifies as a church plan under § 414(e) of the Internal Revenue Code. |
| 200007035(PDF, 190K) |
8/24/2001 |
| This is in response to a request submitted on your behalf by your authorized representative on May 25, 1999, for a private ruling letter concerning the federal income tax treatment of certain contributions to Plan X under § 414(h)(2) of the Internal Revenue Code . |
| 200007034(PDF, 344K) |
8/24/2001 |
| This is in response to your letter dated August 27, 1999, in which you requested certain rulings with respect to the proposed transfer of all of the net assets of B to C and D. |
| 200007033(PDF, 182K) |
8/24/2001 |
| This is in reply to a letter dated May 13, 1999, submitted on behalf of Company by its authorized representative, in which a ruling is requested that the failure to adjust the terms of certain statutory options to take into account a reverse stock split will not result in a "modification" of those options, as that term is defined in § 424(h) of the Internal Revenue Code. |
| 200007032(PDF, 353K) |
8/24/2001 |
| For purposes of meeting the spending requirements set forth in § 148(f)(4)(C)(ii) of the Internal Revenue Code, may Issuer allocate Bond proceeds to operating expenses that resulted in deficits in Issuer's operating funds in each of the spending periods following the issue date of the Bonds? |
| 200007031(PDF, 28K) |
2/23/2000 |
| Requesting significant service center advice with respect to the revocation of Form 8332, Release of Claim to Exemption for Child of Divorced or Separated Parents. This advice is to be provided to the Centralized Quality Review Site, which oversees our toll-free telephone assistance lines and other responses to taxpayer inquiries. |
| 200007030(PDF, 32K) |
2/23/2000 |
| Issues: (1) Whether a foster parent may allocate unreimbursed foster care expenditures so as to take both a dependency deduction for a foster child under § 151 and 152 of the Code and a charitable deduction under § 170 of the Code. (2) Whether a foster parent may choose between the dependency deduction and the charitable deduction. (3) If a foster parent may not choose between the dependency deduction and the charitable deduction, how could a foster parent meet the support test under § 152(a)? |
| 200007029(PDF, 66K) |
2/23/2000 |
| Criminal Tax Bulletin, December 1999 |
| 200007028(PDF, 7.2K) |
2/23/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X incorporated on Date 1 of Year (1) The Minutes of the First Meeting of the Stockholder and Director of X indicate that A, the president and sole shareholder of X, intended X to be an S corporation beginning with X's Year 1 taxable year. |
| 200007027(PDF, 7.2K) |
2/23/2000 |
| 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 three shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200007026(PDF, 7.2K) |
2/23/2000 |
| 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 and operates in State. Company has five shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200007025(PDF, 13K) |
2/23/2000 |
| Requesting rulings on behalf of Taxpayer, concerning the federal income tax treatment of contributions and reimbursements under a self-insured medical expense reimbursement plan. Taxpayer is a partnership that offers a group health plan (the "Plan") to both its partners and its non-partner employees. |
| 200007024(PDF, 9.6K) |
2/23/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. X was incorporated on Date (1) X elected to be an S corporation effective Date (2) The shareholders of X are A, B, C, D, E, F, G, and H. On Date 3, Y an ineligible shareholder was admitted as a shareholder. |
| 200007023(PDF, 6.5K) |
2/23/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was organized on Date (1) A, as X's president, represents that it was A's intent that X elect to be an S corporation effective for Year 1, X's first taxable year, as evidenced by X's Minutes of Organizational Meeting of Directors. |
| 200007022(PDF, 17K) |
2/23/2000 |
| Requesting a ruling that Company's income from the Properties and from Entity is not passive investment income under § 1362(d)(3)(C)(i) of the Internal Revenue Code. Company represents the following facts. Company was incorporated under the laws of State in a and elected under § 1362(a) to be an S corporation effective b. It has accumulated earnings and profits. |
| 200007021(PDF, 37K) |
2/23/2000 |
| Requesting rulings under § 79, 83, 105, 106, 125, 129, and 501(c)(9) of the Internal Revenue Code. Specifically, the rulings requested are that the Supplemental Plan is not a cafeteria plan under § 125; that employer contributions to and coverage under the Supplemental Plan will not result in immediate income taxation to participants; that certain benefits are excludible under either § 79, 105(b), 106, or 129 of the Code; and that Supplemental Plan does not affect the tax-exempt status of Trust under § 501(c)(9). |
| 200007020(PDF, 6.9K) |
2/23/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A, the sole shareholder of X, intended for X to be an S corporation beginning in Year 1, its first taxable year. |
| 200007019(PDF, 25K) |
2/23/2000 |
| Requesting, on behalf of the taxpayers identified above, an extension of time under 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Target (as successor to Purchaser) and Seller are requesting the extension to file a "section 338(h) (10) election" under 338(g) and 338(h)(10) of the Internal Revenue Code and 1.338(h) (10)-1(d) of the Income Tax Regulations (the "Election"), with respect to Purchaser's acquisition of Target on Date A. Additional information was submitted in letters dated September 20, September 28 and November 9, 1999. |
| 200007018(PDF, 7.9K) |
2/23/2000 |
| Requesting a ruling that your military retirement pay is excludable from your gross income under § 104(a)(4) of the Internal Revenue Code. The facts as we understand them are as follows. You retired from the armed forces and received military retirement pay based on years of service from the Department of Defense (DOD). |
| 200007017(PDF, 40K) |
2/23/2000 |
| Issue: (1) Whether the repetitive examination guideline, under I.R.M. § 4241, compels the Service to terminate its examination on the issue of subpart F income for Year 3 when that same issue was examined in the immediate preceding taxable year without any proposed tax adjustments? (2) For purposes of the duplicate examination provision under § 7605(b) of the Code, is the Service considered to have examined the taxpayers' Year 3 income tax return when it merely requests a copy of that return during its examination of taxpayers' Year 2 return? |
| 200007016(PDF, 9.6K) |
2/23/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. FACTS: According to the information submitted, Company, a C corporation established under the laws of State, filed an election on d2 to be treated as an S corporation effective d1, the first day of its fiscal year. Its shareholders are A, B, and C. However, as of d1, Company was ineligible to be an S corporation due to a failure to timely file with State certain amendments to its articles of incorporation that were required to eliminate Company's second class of stock. |
| 200007015(PDF, 10K) |
2/23/2000 |
| The rulings requested are under § 115, 170, 3121, and 3306 of the Internal Revenue Code. This letter responds to the request under § 115. Rulings under the other Code § will be considered separately by the offices with those subject matter responsibilities. |
| 200007014(PDF, 8.0K) |
2/23/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The two shareholders of X desired that X elect S corporation treatment for X, effective on Date 2, but the election to be treated as an S corporation was not timely filed. Accordingly, X requests a ruling that it will be treated as an S corporation effective Date 2. |
| 200007013(PDF, 32K) |
2/23/2000 |
| Issue: Can the Internal Revenue Service assess and collect income tax deficiencies which were discharged in bankruptcy if the Tax Court decision upon which the deficiency assessments were based is vacated subsequent to the discharge order? |
| 200007012(PDF, 7.9K) |
2/23/2000 |
| Relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. X's shareholder intended that X be a subchapter S corporation, effective D2; however, an S corporation election to be treated as an S corporation was not timely filed. |
| 200007011(PDF, 7.5K) |
2/23/2000 |
| Asking for a ruling that, if X converts from a State corporation to a State limited partnership (LP), and LP elects to be taxed as a corporation effective on the date of conversion, at no point in time will X or LP be treated as an entity other than a corporation for federal tax purposes. |
| 200007010(PDF, 20K) |
2/23/2000 |
| 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) (sometimes referred to as the "Election"), for its taxable year ending on Date A. The Election is with respect to the portion of the alleged worthless stock loss (on Parent's stock of Subsidiary) that Parent may otherwise deduct under § 165(g) of the Internal Revenue Code. |
| 200007009(PDF, 7.8K) |
2/23/2000 |
| 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. |
| 200007008(PDF, 7.9K) |
2/23/2000 |
| 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. |
| 200007007(PDF, 40K) |
2/23/2000 |
| Issue: Whether the fresh start provisions set forth in § 1023(e)(3) of the Tax Reform Act of 1986 avoid the triggering of Internal Revenue Code § 481. |
| 200007006(PDF, 16K) |
2/23/2000 |
| Requesting a private letter ruling on whether an arrangement will be treated as a business entity under § 301.7701-2 of the Procedural and Administrative Regulations. |
| 200007005(PDF, 21K) |
2/23/2000 |
| Requesting rulings on a proposed transaction. |
| 200007004(PDF, 31K) |
2/23/2000 |
| Issues: In the two situations described below, is the cost of transporting raw coal from the mine to the cleaning plant excludible from the price of the coal for purposes of computing the coal excise tax on sales of the coal? |
| 200007003(PDF, 21K) |
2/23/2000 |
| At issue in a number of cases tried in A was whether donors and/or donees were liable for gift taxes (and negligence penalties) as a result of certain gift transfers of X stock made by donors. Some of the cases involved the liability of individuals for gift taxes for Year 2, and the remaining cases involved the transferee liability of the donees for the transferors' gift taxes for Year 1. |
| 200007002(PDF, 183K) |
2/23/2000 |
| Criminal Tax Bulletin, October 1999 |
| 200007001(PDF, 29K) |
2/23/2000 |
| Issue: Whether the Internal Revenue Service may suggest to a taxpayer that the taxpayer waive Collection Due Process (CDP) rights allowed under the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA98)? |
| 200006058(PDF, 446K) |
8/24/2001 |
| This letter is in response to a ruling request dated July 15, 1999, submitted on your behalf by your authorized representative, concerning whether Plan X is a church plan within the meaning of § 414(e) of the Internal Revenue Code . |
| 200006057(PDF, 82K) |
8/24/2001 |
| Requesting a ruling under § 1362(b) (5) of the Internal Revenue Code. |
| 200006056(PDF, 232K) |
8/24/2001 |
| This is in reference to a ruling request dated May 25. 1999, concerning the federal tax consequences of a transfer of assets from X (the Retiree Health Trust) to Y (the Weekly VEBA Trust). |
| 200006055(PDF, 280K) |
8/24/2001 |
| This is in response to a request submitted on your behalf by your authorized representative on December 31, 1998, for a private ruling letter concerning the federal income tax treatment of certain contributions to Plans X under § 414(h)(2) of the Internal Revenue Code . |
| 200006054(PDF, 333K) |
8/24/2001 |
| Ruling was requested on your behalf regarding the federal income tax consequences. |
| 200006053(PDF, 342K) |
8/24/2001 |
| This in reply to your ruling request of May 2, 1997 submitted on your behalf by your authorized representative, regarding the federal income tax consequences of certain amendments to Plan X. The request was supplemented by a letter dated January 26, 1999. |
| 200006052(PDF, 391K) |
8/24/2001 |
| Issues: (1) The proposed disclaimers will constitute qualified disclaimers under § 2518(b) of the Internal Revenue Code. (2) The property interests passing to Spouse as a result of the proposed disclaimers will qualify for the estate tax marital deduction under § 2056(a). |
| 200006051(PDF, 448K) |
8/24/2001 |
| This letter responds to the request of Taxpayer, dated July 16, 1999, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts pursuant to § 1.468A-3(i)(l) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on November 27, 1995. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200006050(PDF, 440K) |
8/24/2001 |
| This letter responds to the request of Taxpayer, dated July 19, 1999, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts pursuant to § 1.468A-3(i)(l) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on November 30, 1995. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200006049(PDF, 387K) |
8/24/2001 |
| Issues: (1) Whether the revocation of the Organization's § 501(c)(3) status causes the interest on the Bonds to be includable in the gross income of the Bondholders, and if so, is it includable retroactively to the date of issue of the bonds; (2) whether the cancellation of the Bonds prevents interest on the Bonds from being includable in the gross income of the Bondholders; and (3) whether the Issuer can challenge the revocation of the Organization's tax-exempt status administratively or judicially. |
| 200006048(PDF, 9.5K) |
8/24/2001 |
| Pulled Inspection Delay |
| 200006047(PDF, 24K) |
2/15/2000 |
| Request for rulings on certain aspects of the proposed transactions. |
| 200006046(PDF, 8.5K) |
2/15/2000 |
| 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. The shareholders of X, A, B, C, and D, however, failed to timely file X's Form 2553, Election by a Small Business Corporation, with an effective date of D1. X requests a ruling that it will be recognized as an S corporation effective for the taxable year beginning D1 under § 1362(b)(5). |
| 200006045(PDF, 7.0K) |
2/15/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1, but did not begin doing business until D2 of Year (1) A, the president of X, represents that X was intended to be an S corporation effective from X's inception. A further represents that there was confusion among A, X's accountant, and X's attorney as to who would file a Form 2553, Election by a Small Business Corporation, for X effective for X's Year 1 taxable year. Therefore, no Form 2553 was filed for X for X's Year 1 taxable year. |
| 200006044(PDF, 8.4K) |
2/15/2000 |
| 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. FACTS: According to the information submitted, X was incorporated on D1. A, B, and C, X's shareholders, intended X to be an S corporation. However, X's Form 2553, Election by a Small Business Corporation, with an effective date of D2 was not timely filed. X requests a ruling that it will be recognized as an S corporation effective for the taxable year beginning D2 under § 1362(b)(5). |
| 200006043(PDF, 7.6K) |
2/15/2000 |
| 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 and B, the sole shareholders of X, represent that they intended that X elect to be an S corporation beginning Year 1, its first taxable year. X's Form SS-4, Application for Employer Identification Number, and X's Consent of Directors to Action Without a Formal Organizational Meeting indicate that X intended to be an S corporation. |
| 200006042(PDF, 11K) |
2/15/2000 |
| Concerning relief under § 1362(f) of the Internal Revenue Code. The information submitted states that X was incorporated on Date 1 and elected to be an S corporation under § 1362(a) of the Code effective for Year (1) On Date 2 of Year 2, A, the chairman of X, created Trust for the benefit of B. A timely qualified subchapter S trust (QSST) election was filed for Trust. |
| 200006041(PDF, 14K) |
2/15/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. The information submitted states that X's election to be an S corporation was accepted effective D1. At that time, X believed that it had made a valid S corporation election. |
| 200006040(PDF, 33K) |
2/15/2000 |
| Issue: Can a taxpayer claim relief from joint and several liability for the same tax years which are the subject of a prior district court judgment reducing tax assessments to judgment and foreclosing the tax liens? |
| 200006039(PDF, 8.1K) |
2/15/2000 |
| 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. |
| 200006038(PDF, 13K) |
2/15/2000 |
| Requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's proposed loss of long-term resident status will 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 October 19, 1998 and July 13, 1999. |
| 200006037(PDF, 16K) |
2/15/2000 |
| Regarding the late filing of an election under § 165(i) of the Internal Revenue Code. You have requested an extension of time for making the disaster loss election, which will enable you to claim the loss for the tax year preceding the loss, under § 301.9100-3 of the Income Tax Regulations. |
| 200006036(PDF, 8.0K) |
2/15/2000 |
| Requests an extension of time under Treasury Regulation § 301.9100-3 to make an election under § 1.884-1(e)(3) to reduce its U.S. liabilities. |
| 200006035(PDF, 6.8K) |
2/15/2000 |
| 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, the sole shareholder and president of X, represents that A intended to begin operations as an S corporation beginning in Year 1, X's first taxable year. However, A was unaware of the due date for filing an S corporation election and X's tax preparer and X's attorney each believed the other would file a Form 2553, Election by a Small Business Corporation. Thus, a Form 2553 was not timely filed by X for Year 1. |
| 200006034(PDF, 15K) |
2/15/2000 |
| Requested a ruling on behalf of Taxpayer. Specifically, you have requested a ruling that Decedent's interests in certain stock and real estate assets qualify as interests in a closely held business for purposes of § 6166 of the Internal Revenue Code (Code). |
| 200006033(PDF, 12K) |
2/15/2000 |
| Request for a ruling to determine the federal employment tax status of the above-named Worker with respect to services provided to the Firm for the period January 1, 1998 through December 31, 1998. The federal employment taxes are those imposed by the Federal Insurance Contributions Act (FICA) and the Collection of Income Tax at Source on Wages. |
| 200006032(PDF, 24K) |
2/15/2000 |
| Requested a waiver of certain errors under § 7702(f)(8) of the Internal Revenue Code such that various life insurance contracts (the "Contracts") will be treated as life insurance contracts for federal tax purposes. These Contracts were originally issued by Company B's predecessor, Company A, but are now the responsibility of Company C by reason of an assumption reinsurance agreement. |
| 200006031(PDF, 17K) |
2/15/2000 |
| Requesting a private 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 tax credit dollar amounts. |
| 200006030(PDF, 24K) |
2/15/2000 |
| Requested a waiver of certain errors under § 7702(f)(8) of the Internal Revenue Code such that various life insurance contracts (the "Contracts") will be treated as life insurance contracts for federal tax purposes. These Contracts were originally issued by Company B's predecessor, Company A, but are now the responsibility of Company C by reason of an assumption reinsurance agreement. In a few cases, pending policyholder consent to the assumption, those Contracts are still the responsibility of Company B. |
| 200006029(PDF, 20K) |
2/15/2000 |
| Requesting the following rulings: (1) the Trust that will be established upon approval of the Plan qualifies as a qualified settlement fund within the meaning of § 468B of the Internal Revenue Code and the regulations thereunder; (2) the Trust will be subject to tax on its modified gross income as defined in § 1.468B-2(b) of the Income Tax Regulations, at a rate equal to the maximum rate in effect for that taxable year under § 1(e) of the Internal Revenue Code; (3) the transfer of the Company stock into the Trust and the transfer of cash and other assets into the Trust on behalf of the Company to resolve the liability that the Trust will be created to assume, will not constitute gross income to the Trust; and (4) the Company will be entitled to deduct transfers made to the Trust consisting of income of the Company, less a sufficient amount of capital to maintain business operations. |
| 200006028(PDF, 7.7K) |
2/15/2000 |
| requesting that X be given an extension of time in which to elect to treat each of Y1 and Y2 as a qualified subchapter S subsidiary under § 1361(b)(3)(B) of the Internal Revenue Code. |
| 200006027(PDF, 19K) |
2/15/2000 |
| Requested on the estate, generation-skipping, and income tax consequences of a Trust provision regarding the removal and replacement of trustees. |
| 200006026(PDF, 15K) |
2/15/2000 |
| Requesting a ruling on the generation-skipping transfer tax consequences of a proposed modification of Trust. The facts submitted and representations made are as follows: Trustor created Trust on Date 1 and amended it by a restatement on Date (2) Trust became irrevocable at Trustor's death on Date (3) Trustor's Son died on Date 4. |
| 200006025(PDF, 12K) |
2/15/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code that the termination of Company's S corporation election was inadvertent. |
| 200006024(PDF, 68K) |
2/15/2000 |
| Issue: Whether there was a sale or license of intangible property acquired by Sub 1 in Year B from its parent corporation, (hereinafter "Parent Corporation"). |
| 200006023(PDF, 30K) |
2/15/2000 |
| Issue: Whether for the taxable year 1985 T is entitled to the research credit for expenses related to the creation of internal use software. |
| 200006022(PDF, 11K) |
2/15/2000 |
| Requesting a ruling on behalf of Taxpayer under § 42(h)(4)(B), regarding the proposed redemption of tax-exempt bonds issued for the Project. FACTS: Taxpayer, a State limited partnership, was formed for the purpose of acquiring, rehabilitating, owning, and operating a scattered site housing project consisting of c dwelling units in City A. |
| 200006021(PDF, 9.9K) |
2/15/2000 |
| Proposed redemption of tax-exempt bonds issued for the Project. Taxpayer, a State limited liability company, was formed for the purpose of acquiring, rehabilitating, owning, and operating a Project consisting of c dwelling units in City. The current members of Taxpayer are LLC, LP1, and LP2. A portion of the development costs for the Project will be financed by tax-exempt bonds, which were issued by Agency under the volume cap imposed by §146. |
| 200006020(PDF, 12K) |
2/15/2000 |
| Regarding the proposed redemption of tax-exempt bonds issued for the Project. FACTS: Taxpayer, a State limited liability company, was formed for the purpose of acquiring, constructing, owning, and operating a Project consisting of c dwelling units in City. |
| 200006019(PDF, 8.3K) |
2/15/2000 |
| Internal Revenue Code that X's S corporation election will be effective as of the taxable year beginning D2. FACTS: According to the information submitted, X was incorporated on D1 and it was decided that X would be an S corporation. The Form 2553, Election by a Small Business Corporation, however, was not timely filed. X requests a ruling that it will be recognized as an S corporation effective for the taxable year beginning D2 under § 1362(b)(5). |
| 200006018(PDF, 8.2K) |
2/15/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation election will be effective as of the taxable year beginning D2. FACTS: According to the information submitted, X was incorporated on D1 and it was decided that X would be an S corporation. The Form 2553, Election by a Small Business Corporation, however, was not timely filed. X requests a ruling that it will be recognized as an S corporation effective for the taxable year beginning D2 under § 1362(b)(5). |
| 200006017(PDF, 37K) |
2/15/2000 |
| Issue: Whether petitioner is subject to the 35% flat tax rate that is applicable to qualified personal service corporations (as defined in Internal Revenue Code § 448(d)(2)). |
| 200006016(PDF, 22K) |
2/15/2000 |
| Requested a ruling that the operations of Taxpayer meet, for purposes of qualifying as a DC Zone business as defined in § 1400B(c), the requirements under § 1397B(b)(1) and § 1397B(b)(2), as modified by § 1400B(c), of the Internal Revenue Code. |
| 200006015(PDF, 32K) |
2/15/2000 |
| Issues: 1 Who is the proper party to sign the Form 872 for the #a and #b tax years, for COMPANY A? 2 Should the Service obtain Form 977 from COMPANY E (formerly COMPANY C)? |
| 200006014(PDF, 38K) |
2/15/2000 |
| Issue: Whether § 1.1502-20 disallows Parent's loss on its sale of Benefits voting preferred stock. |
| 200006013(PDF, 40K) |
2/15/2000 |
| Issue: Does a bankruptcy court have jurisdiction over relief from joint and several liability under Internal Revenue Code § 6015? |
| 200006012(PDF, 10K) |
2/15/2000 |
| Issue: Whether the term 'regular tax liability' includes the separate tax paid under § 402(d) of the Internal Revenue Code on lump-sum distributions for purposes of the Minimum Tax Credit under § 53. |
| 200006011(PDF, 32K) |
2/15/2000 |
| Request for advice: On Date 1, P contributed to S2 S1's business and assets, subject to certain liabilities, and P's a% common stock interest in S3. S2 then merged into S3, and S3's name was changed to S4. S3's former shareholders, other than P, received cash from S4 for their shares of common stock in S3. Financing required to buy out S3's former shareholders other than P was provided by the sale of Senior Notes to a group of institutional investors. Prepayment of the Senior Notes was subject to a prepayment penalty. |
| 200006010(PDF, 20K) |
2/15/2000 |
| Requesting a ruling that the Deferred Compensation Plan ("Plan") and Trust ("Fund") of State X constitute an eligible deferred compensation plan and trust within the meaning of § 457 of the Internal Revenue Code of 1986 (the "Code") and the Income Tax Regulations. In addition, you have requested rulings concerning the status of Trust C as a group trust under § 401(a)(24) of the Code and the proper treatment under § 3402 of the Code of elective contributions made on behalf of employees of Plan A. |
| 200006008(PDF, 17K) |
2/15/2000 |
| Setting forth the facts of the following transaction and requesting a ruling with respect to whether gain or loss will be recognized upon contributions of stock and securities to a new partnership under § 721. FACTS X, Y, and Trust seek to contribute portfolios of stock to a newly formed limited liability company (LLC) that will be taxed as a partnership under §301.7701-3 of the Administrative and Procedure Regulations. |
| 200006007(PDF, 11K) |
2/15/2000 |
| Issue: Whether Taxpayer is required to increase its taxable income in 1992 by $6.5 million on account of changing its statutory method of accounting for anticipated salvage and subrogation on its auto physical damage line of business in that year. Alternatively, if Taxpayer is not required to so increase its taxable income in 1992 on account of changing that statutory method of accounting, do the rules contained in § 111 require it to do so. |
| 200006006(PDF, 49K) |
2/15/2000 |
| Issues: (1) Whether the refund period of limitation applicable to the related supplier was open when the FSC redetermination was filed. (2) Whether the Service's reduction of the related supplier's refund claim, based on certain examination-based deficiencies, constituted a "payment of tax" that would affect the refund period of limitation applicable to the related supplier. (3) Whether the refund period of limitation applicable to the FSC was open when the FSC redetermination was filed. (4) Whether the tender of additional tax by the FSC with the amended return altered the period of limitations applicable to the FSC. |
| 200006005(PDF, 33K) |
2/15/2000 |
| Issue: Whether amounts Y proposes to pay its employees for the use of the employees' tools are subject to Federal employment taxes? |
| 200006004(PDF, 48K) |
2/15/2000 |
| Issues: (1) Whether the amount of interest paid or accrued during the period on or before the change date of the taxable year in which the ownership change occurs is taken into account in computing the tax attribute reduction prescribed by Internal Revenue Code § 382(l)(5)(B) if no net operating loss ("NOL") is incurred during that period. (2) Whether any "indebtedness for interest" should be taken into account in computing the attribute reduction prescribed by I.R.C. § 382(l)(5)(C) when additional debt instruments ("payment in kind" or "PIK" instruments) are issued in lieu of cash payments. |
| 200006003(PDF, 57K) |
2/15/2000 |
| Issues: (1) Is the withholding of tax under § 1442 of the Internal Revenue Code required with respect to a deemed or constructive payment of interest when Taxpayer's accrued but unpaid interest on indebtedness to Taxpayer's foreign corporate shareholder was converted to additional paid-in capital? (2) Is the withholding of tax under § 1442 required with respect to any deemed payment(s) on the Demand Note or the Interest Bearing Note that result from an allocation of interest under § 482 from Taxpayer to its foreign corporate shareholder? (3) Is withholding of tax under § 1442 required with respect to the Demand Note for payments of principal on the Demand Note which are in fact payments on an original issue discount ("OID") obligation. |
| 200006002(PDF, 39K) |
2/15/2000 |
| Issues: (1) Whether the proposed adjustment, which relates to the deferred swap income in Year 1, constitutes income equivalent to interest under § 954(c)(1)(E) for purposes of determining FC1's subpart F income? (2) Whether the proposed adjustment, which relates to the deferred swap income in Year 1, would reduce the ratio of FC1's actual subpart F gross income to total gross income below 70%, and thereby decrease the total amount of FC1's subpart F income inclusion under § 954(b)(3)(B)? |
| 200006001(PDF, 16K) |
2/15/2000 |
| Requesting a ruling on the generation-skipping transfer tax consequences of a proposed modification of Trust. |
| 200005039(PDF, 329K) |
8/24/2001 |
| This is in reply to your ruling request of October 11, 1998, submitted on your behalf by your authorized representative, regarding the federal income tax consequences of certain amendments to Plan X. The request was supplemented by letters dated April 24, 1998, January 19, 1999, and April 1, 1999. |
| 200005038(PDF, 201K) |
8/24/2001 |
| This refers to your letter dated September 9, 1999, requesting advance approval of your scholarship grant procedures under § 4945(g) of the Internal Revenue Code . |
| 200005037(PDF, 152K) |
8/24/2001 |
| This is in response to the Museum's request of May 5, 1999, for an advance ruling that the Museum, during the sixty month period starting July I, 1999, can be expected to satisfy the requirements of § 507(b)(l)(S)(i) of the Internal Revenue Code. |
| 200005036(PDF, 379K) |
8/24/2001 |
| This is in response to a letter dated July 12, 1999 requesting rulings on the effects under § 507 and Chapter 42 of the Internal Revenue Code of M's proposed distribution of all M's assets to p, 0, and P. |
| 200005035(PDF, 144K) |
8/24/2001 |
| Specifically, you are requesting a ruling that the,. (RI), by lending $60,000 a month (or an approximate amount thereof) to the Fund's contributing employers for the purpose of making additional contributions to the Fund, will not cause the Fund to lose its qualified status under § 401(a) of the Internal Revenue Code (Code). |
| 200005034(PDF, 82K) |
8/24/2001 |
| This letter responds to a letter dated June 23, 1999, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b) (5) of the Internal Revenue Code. |
| 200005033(PDF, 205K) |
8/24/2001 |
| This is in response to your request for a ruling, dated February 19, 1999, and supplemented by letters dated July 7, 1999, and September 14, 1999, submitted by your authorized representative concerning distributions from a plan described in § 401(k) of the Internal Revenue Code . |
| 200005032(PDF, 143K) |
8/24/2001 |
| This is in response to a letter dated December 15, 1997, from your 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. |
| 200005031(PDF, 306K) |
8/24/2001 |
| This responds to your request dated January 19, 1999, for a ruling on the federal income tax treatment of Taxpayers prepaid membership fees. Specifically, you have asked for a ruling that Taxpayers prepaid membership fees constitute income from services of a type that may be included in gross income ratably over the membership year under the provisions of Rev. Proc. 71-21. 1971-2 C.B. 549. rather than upon receipt. |
| 200005030(PDF, 268K) |
8/24/2001 |
| This is in response to your submission of and subsequent correspondence, requesting an extension of time udder § 301.9100-l 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 and to sever a QTIP marital trust into two separate trusts under § 26.2654-1(b) of the Generation-Skipping Transfer Tax (GSTT) Regulations. |
| 200005029(PDF, 162K) |
8/24/2001 |
| This is in reply to the letter dated June 11, 1999, as amended by the letter of July 26, 1999, requesting various rulings concerning the consequences to A, B end C by reason of the sale of B to D. |
| 200005028(PDF, 138K) |
8/24/2001 |
| This responds to a request for ruling dated August 20, 1999, you filed on behalf of each of Funds A-F. Funds A-F request permission to revoke their elections under § 4982(e)(4)(A) of the Internal Revenue Code to calculate their excise taxes on undistributed capital gain net income required under § 4982(b) on a calendar year basis rather than the annual period ending October 31. |
| 200005027(PDF, 225K) |
8/24/2001 |
| This is in reply to your request for several rulings concerning the distribution of assets during the administration of an estate. |
| 200005026(PDF, 11K) |
2/8/2000 |
| Requested our opinion regarding the use of tax information received by the Connecticut Department of Revenue Services (Conn. DRS) from the Internal Revenue Service pursuant to an agreement meeting the statutory requirements of Internal Revenue Code § 6103(d). Specifically, Connecticut's Office of the Chief State's Attorney is interested in the procedures for requesting return information for use in the administration of State tax laws under I.R.C. § 6103(d) and whether I.R.C. § 6103 authorizes the disclosure of Federal tax information for nontax purposes. |
| 200005025(PDF, 23K) |
2/8/2000 |
| Issue: Whether notices of deficiency issued by John Doe, Director, AnyCity, Customer Service Center, are valid if designated for signature as John Doe, Director, Customer Service Center, without the location specified, where the name of the particular service center issuing the notice appears on the first page of the notice indicating which Customer Service Center issued the notice? |
| 200005024(PDF, 11K) |
2/8/2000 |
| Requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations for P to file a Form 970, Application To Use LIFO Inventory Method, on behalf of S, which is to be effective for the tax year ended Date (1) This request is made in accordance with § 301.9100-3. |
| 200005023(PDF, 17K) |
2/8/2000 |
| Requesting that we rule on certain federal income tax consequences of a proposed transaction. The information submitted in that request and in subsequent correspondence is substantially as set forth below. |
| 200005022(PDF, 19K) |
2/8/2000 |
| Requesting a private 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 tax credit dollar amounts. |
| 200005021(PDF, 6.8K) |
2/8/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on Date 1 of Year (1) A, as X's president, represents that it was the intent of X's shareholders that X elect to be an S corporation effective for Year 1, X's first taxable year, as evidenced by a resolution of X's Board of Directors. |
| 200005020(PDF, 7.5K) |
2/8/2000 |
| 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 and B are the sole shareholders of X. A, as X's president, represents that X and its shareholders intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200005019(PDF, 14K) |
2/8/2000 |
| Regarding the information reporting and backup withholding consequences to Holding Company and Transfer Agent in connection with the payment of certain stock sale proceeds to United States persons. You asked that we separately address those requested rulings relating to payments that will be made at the time of Mutual Company's demutualization. Thus, this letter addresses only the first requested ruling and the fourth requested ruling to the extent it relates to payments covered by the first requested ruling. |
| 200005018(PDF, 6.7K) |
2/8/2000 |
| 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 with the intent to be an S corporation. X's shareholders, A and B, represent that they signed a Form 2553, Election by a Small Business Corporation, for X to be an S corporation effective for Year 1. |
| 200005017(PDF, 10K) |
2/8/2000 |
| Request dated September 23, 1999 that X be given an extension of time in which to elect to treat its subsidiary as a qualified subchapter S subsidiary under § 1361(b)(3) of the Internal Revenue Code. FACTS According to the information submitted, X was incorporated under State law on D1 and elected subchapter S status on D1. Y was incorporated on D2 and is a wholly-owned subsidiary of X. |
| 200005016(PDF, 11K) |
2/8/2000 |
| Request dated July 2, 1999, for rulings as to the federal income tax consequences of a proposed transaction. |
| 200005015(PDF, 7.3K) |
2/8/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X first issued stock on D1. A and B, the shareholders of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200005014(PDF, 11K) |
2/8/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. The information submitted states that X is a State corporation engaged in the accounts receivable collection business. X was incorporated on October 20, 1988, but was inactive until 1990. X's initial shareholders were A and B. X elected to be an S corporation effective March 10, 1990. |
| 200005013(PDF, 10K) |
2/8/2000 |
| 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 August 20, 1999. |
| 200005012(PDF, 13K) |
2/8/2000 |
| Requesting a rulings that, for purposes of §§ 1362(d)(3) and 1375(a) of the Internal Revenue Code, Taxpayer's distributive shares of gross receipts from the publicly traded limited partnerships described below (the "PTPs") (i) will be included in the corporation's gross receipts for purposes of applying the passive investment income limitations and (ii) will not be passive investment income. |
| 200005011(PDF, 12K) |
2/8/2000 |
| Requesting a ruling on behalf of Fund. You have requested a ruling that Fund be granted an extension of time under § 301.9100 of the Procedure and Administration Regulations to make an election under § 855 of the Internal Revenue Code for Fund's tax year ended Date 1. |
| 200005010(PDF, 7.3K) |
2/8/2000 |
| 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. |
| 200005009(PDF, 7.3K) |
2/8/2000 |
| 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 four shareholders, Shareholders, at the time of its incorporation. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200005008(PDF, 11K) |
2/8/2000 |
| Requesting that X be given an extension of time in which to elect to treat each of Y1, Y2, Y3, Y4, Y5, Y6, Y7, Y8, Y9, Y10, and Y11 as a qualified subchapter S subsidiary under § 1361(b)(3)(B) of the Internal Revenue Code. The information submitted states that X incorporated on Date (1) X filed its S corporation election effective for Date 1. |
| 200005007(PDF, 8.5K) |
2/8/2000 |
| 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 and B, the shareholders of X, hired an attorney to file X's Form 2553, Election by a Small Business Corporation, with an effective date of D1. The attorney, however, failed to timely file X's Form 2553. |
| 200005006(PDF, 42K) |
2/8/2000 |
| Issue: Whether husband is taxed under Internal Revenue Code § 83 when stock options are transferred to his ex-wife pursuant to a divorce decree or when they are exercised by his ex-wife. |
| 200005005(PDF, 41K) |
2/8/2000 |
| Issues: Whether the proposed closing agreement correctly implements the proposed settlement offer of X, and does the proposed closing agreement adequately protect the Service's interests as to any other entity. |
| 200005004(PDF, 24K) |
2/8/2000 |
| Request for a private letter ruling filed on behalf of Taxpayer dated September 25, 1998, and subsequent submissions. You requested a ruling that a certain neighborhood electric vehicle (NEV) acquired by Taxpayer constitutes a "qualified electric vehicle" for purposes of § 30 of the Internal Revenue Code. |
| 200005003(PDF, 24K) |
2/8/2000 |
| Requested a ruling that a certain neighborhood electric vehicle (NEV) acquired by Taxpayer constitutes a "qualified electric vehicle" for purposes of § 30 of the Internal Revenue Code. |
| 200005002(PDF, 32K) |
2/8/2000 |
| Issue: Whether the Internal Revenue Code § 6621(c) "hot interest" that accrued on taxpayer's YR1 tax liability is subject to abatement under I.R.C. § 6404(e)(1). |
| 200005001(PDF, 39K) |
2/8/2000 |
| Issues: (1) Whether Internal Revenue Code §4980 is a tax or a penalty for purposes of determining the government's priority status for such claims under the Bankruptcy Code. (2) Whether the excise tax on the amount received by Taxpayers A on the reversion of their pension assets is a pre-petition priority tax claim or an administrative claim. (3) If it is a penalty and not a tax, whether the penalty is the type of penalty covered under BC §503(b)(1)(C). (4) If it is a tax and not a penalty, may the tax claim be subordinated to the claims of general unsecured creditors. (5) Whether the Service can and/or should consider a compromise of a tax liability while a bankruptcy proceeding is pending. |
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