Chief Counsel's Written Determinations Issued from 200045000 to 200049999

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.

200049034(PDF, 25K)	12/8/2000
Responds to your February 18, 2000, letter, and subsequent correspondence on behalf of Fund 1, requesting certain rulings under the Internal Revenue Code.
200049033(PDF, 18K)	12/8/2000
Responds to your February 18, 2000, letter and subsequent correspondence on behalf of Fund 3, requesting certain rulings under the Internal Revenue Code.
200049032(PDF, 24K)	12/8/2000
Responds to your February 18, 2000, letter, and subsequent correspondence on behalf of Fund 2, requesting certain rulings under the Internal Revenue Code.
200049031(PDF, 20K)	12/8/2000
Responds to your February 18, 2000, letter, and subsequent correspondence on behalf of Fund 4, requesting certain rulings under the Internal Revenue Code.
200049030(PDF, 16K)	12/8/2000
Responds to your letter dated April 25, 2000, requesting rulings as to certain federal income tax consequences of a proposed transaction. Additional information was received on July 26, August 3 and August 13, 2000.
200049029(PDF, 25K)	12/8/2000
Responds to your request, submitted on behalf of Taxpayer, dated May 6, 1999, for a revised schedule of ruling amounts under § 468A of the Internal Revenue Code in accordance with § 1.468A-3(i)(2) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on September 29, 1988. Information for the schedule of ruling amounts was submitted on behalf of Taxpayer pursuant to § 1.468A-3(h)(2).
200049028(PDF, 25K)	12/8/2000
Responds to your request, submitted on behalf of Taxpayer, dated May 6, 1999, for a revised schedule of ruling amounts under § 468A of the Internal Revenue Code in accordance with § 1.468A-3(i)(2) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on September 27, 1988. Information for the schedule of ruling amounts was submitted on behalf of Taxpayer pursuant to § 1.468A-3(h)(2).
200049027(PDF, 25K)	12/8/2000
Responds to your request, submitted on behalf of Taxpayer, dated May 6, 1999, for a revised schedule of ruling amounts under § 468A of the Internal Revenue Code in accordance with § 1.468A-3(i)(2) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on March 18, 1997. Information for the schedule of ruling amounts was submitted on behalf of Taxpayer pursuant to § 1.468A-3(h)(2).
200049026(PDF, 20K)	12/8/2000
Respond to your request dated December 9, 1999, for rulings as to the federal income tax consequences of a proposed transaction.
200049025(PDF, 7.4K)	12/8/2000
Responds to a letter dated June 2, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200049024(PDF, 7.4K)	12/8/2000
Responds to a letter dated March 24, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200049023(PDF, 20K)	12/8/2000
Issue: Whether "partnership items" include the determination that a series of contributions and distributions entered into by related partnerships and their partners constitute a disguised sale.
200049022(PDF, 18K)	12/8/2000
Reply to your request for a ruling that the use of bond proceeds as described below will be an insubstantial deviation from the public notice and approval requirements of § 147(f) of the Internal Revenue Code and § 5f.103-2(f) of the Temporary Income Tax Regulations.
200049021(PDF, 28K)	12/8/2000
Responds to your request, dated November 17, 1999, that we rule on certain tax consequences of the sale of the Plant from Sellers to Taxpayer. As set forth below, you have requested rulings regarding the tax consequences under § 468A of the Internal Revenue Code to the Sellers' qualified nuclear decommissioning funds as well as rulings regarding the proper realization and recognition of gain and loss on the sale of the Plant and the proper allocation of basis.
200049020(PDF, 7.4K)	12/8/2000
Responds to a letter dated June 9, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200049019(PDF, 7.9K)	12/8/2000
Responds to a letter dated May 31, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200049018(PDF, 12K)	12/8/2000
Responds to a letter from Company dated April 28, 2000, and subsequent correspondence, requesting a ruling that the income received by Company from a programming agreement is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. Company represents the following facts.
200049017(PDF, 5.8K)	12/8/2000
Responds to your authorized representative's letter dated July 27, 2000, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X began doing business under State law on D1. The shareholders of X intended that X elect to be treated as an S corporation effective D2.
200049016(PDF, 5.6K)	12/8/2000
Responds to your letter dated July 12, 2000, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X began doing business under State law on D1. The shareholder of X intended that X elect to be treated as an S corporation effective D1.
200049015(PDF, 5.8K)	12/8/2000
Reply to a request dated January 20, 2000, submitted on behalf of Taxpayer for an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to complete its compliance with the requirements of Rev. Proc. 85-8, 1985-1 C.B. 495. Rev. Proc. 85-8 provides an exclusive, automatic procedure for financial institutions to follow in changing from the § 166 specific charge-off method for bad debts to the § 593 reserve method of accounting.
200049014(PDF, 11K)	12/8/2000
Responds to your letter dated July 17, 2000, submitted on behalf of X, requesting a ruling that the rental income received by X from renting certain properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200049013(PDF, 21K)	12/8/2000
Response to your request for a ruling that cash payments received by Z from taxicab drivers for lease of taxicab medallions are not subject to the reporting requirements of § 6050I of the Internal Revenue Code FACTS: The taxpayer, Z, leases taxicab medallions to drivers who have been granted a "hack" license by City.
200049012(PDF, 47K)	12/8/2000
Issue: Under the facts presented, whether FSC1 or its related supplier, USCorp, timely filed a redetermination pursuant to Temporary Treasury Regulation § 1.925(a)-1T(e)(4) with respect to commissions payable by USCorp to FSC1 for Year 1.
200049011(PDF, 28K)	12/8/2000
Requesting a ruling that the proposed non-pro rata partition of Trust into two separate trusts will not cause the two separate trusts to be subject to the Generation-Skipping Transfer tax imposed by § 2601 of the Internal Revenue Code.
200049010(PDF, 36K)	12/8/2000
Issue: Whether the 11.75% surcharge imposed on the amount of Danish corporate income tax liability paid by Sub under the "traditional method" was a creditable tax for the years in issue under § 901.
200049009(PDF, 79K)	12/8/2000
Issue: What is the character of proceeds received in return for the transfer to a power marketer of a long-term power supply contract with a utility, as part of a larger transaction in which the original contract is cancelled and a new contract entered into between the power marketer and the utility?
200049008(PDF, 45K)	12/8/2000
Respond to your April 28, 2000 request for rulings on certain federal income tax consequences of several proposed transactions. Distributing's predecessors received rulings on prior transactions during Year 1, Year 2, and Year 3 (the "Prior Ruling Letters"). Further, this ruling letter, two other ruling letters issued with this letter (PLR-109432-00 and PLR-109435-00), and a ruling letter issued to Distributing on June 15, 2000 (PLR-105240-00) all address aspects of the same overall transaction (the "Overall Transaction").
200049007(PDF, 21K)	12/8/2000
Issues: (1) Whether certain educational benefits provided by the Taxpayer are qualified scholarships excluded from gross income under § 117(a) of the Internal Revenue Code and whether the benefits are excluded from wages for purposes of the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA) and income tax withholding. (2) If the benefits are subject to employment taxes, whether the Taxpayer is entitled to relief under § 7805(b) of the Code.
200049006(PDF, 13K)	12/8/2000
Issue: For purposes of the special effective date rule in § 1.1092(d)-2(b)(2) of the Income Tax Regulations (which can cause certain transactions to be straddles through the retroactive application of the regulations implementing § 1092(d)(3)(B)(i)(II) of the Internal Revenue Code), is the phrase "an option on the stock index" limited to options on stock indexes on which there are regulated futures contracts?
200049005(PDF, 17K)	12/8/2000
Issues: (1) Is aviation fuel used in an aInternal Revenue Coderaft actually engaged in foreign trade when it is used in an aInternal Revenue Coderaft flying from a city in the United States to another city in the United States as a domestic segment of a direct international flight between a city in the United States and a city in a foreign country? (2) Did the IRS erroneously credit and pay the taxpayer, under the facts described below, amounts the taxpayer claimed under § 6427 of the Internal Revenue Code for the nontaxable use of aviation fuel? (3) Is the taxpayer liable for the tax imposed by § 4091 with respect to the untaxed aviation fuel that it used in its aInternal Revenue Coderaft on domestic segments of direct international flights?
200049004(PDF, 46K)	12/8/2000
Issue: Whether certain "break-up" or "termination" fees that Taxpayer received in connection with the termination of a planned merger with Target and paid pursuant to a prior agreement are eligible for nonrecognition treatment under Internal Revenue Code § 1033.
200049003(PDF, 126K)	12/8/2000
Issues: (1) Does economic substance doctrine apply to this FLLC? (2) Does § 2703 apply to the valuation of an interest to this FLLC? (3) Can a restriction on liquidation of a family limited liability corporation ("FLLC"), which requires consent of x% the voting interests, be disregarded under Internal Revenue Code § 2704(b)? (4) In the alternative, does a conversion of the transferred interests into assignee interests in the hands of the transferees trigger a transfer under I.R.C. § 2704(a)? (5) Does § 2036 apply to the assets decedent contributed to this FLLC? (6) Does the gift on formation argument apply to this FLLC? (7) In the alternative to all of the above, should the amount of the discount be challenged?
200049002(PDF, 46K)	12/8/2000
Issue: Whether gain from the sale of assets by FC1, a controlled foreign corporation (CFC), in the cInternal Revenue Codeumstances described herein, is foreign personal holding company income (FPHCI) under § 954(c)(1)(B) of the Code.
200049001(PDF, 33K)	12/8/2000
Issue: At what date does interest start running on a deficiency in tax, where X originally reported an overpayment on its return, elected to have the overpayment credited against its estimated tax liability for the next succeeding year, but paid all required quarterly installments of estimated tax without resort to the credit elect.
200048048(PDF, 273K)	10/13/2001
Request for a ruling, dated regarding approval for a set-aside under § 4942(h)(2) of the Internal Revenue Code in the amount of xxx,yyy for the fiscal year ending September 30, 2000, to pay for the design and construction of a public garden and park.
200048047(PDF, 36K)	12/1/2000
Issue: Review of proposed Closing Agreement for legality and accuracy of facts.
200048046(PDF, 27K)	12/1/2000
Issues: (1) Whether officials or employees of the Small Business & Self Employed (SB/SE) Operating Unit, who are authorized to sign statutory notices of deficiency under Delegation Order Number 77 and SB/SE Delegation Order 4.8, may sign a notice of deficiency prepared by SB/SE employees on behalf of another operating unit. (2) Whether it is appropriate for the consents to extend the assessment period to provide that the agreement is being made by the taxpayer and the Commissioner of Internal Revenue. (3) Whether a consent to extend the assessment period is valid if it is signed by an authorized official after the stand-up of the operating units if it was prepared before the stand-up and it provides that the agreement is being made by the taxpayer and the District Director or Regional Director of Appeals.
200048045(PDF, 75K)	12/1/2000
Chapter 13: Confirmation of Plan In re Weiss, 251 B.R. 453 (Bankr. E.D.Pa. 2000) - Chapter 13 debtor, whose disposable income exceeded his debts, was required to pay post-petition interest on the Service's unsecured claim. Further, the court found that the debtor's proposed plan discriminated against the Service because it escrowed funds during the time an appeal of the Service's claim was pending, while making payment to other creditors. The court found this impermissible under B.C. §§ 1322(a)(3) and (b)(1) because it would permit a party to frustrate consummation of a plan merely by filing an appeal.
200048044(PDF, 38K)	12/1/2000
Issue: In the Sixth CInternal Revenue Codeuit, can the Service continue to claim taxes as priority on proofs of claim based on tolling of priority periods prior to a bankruptcy court determination pursuant to B.C. § 105?
200048043(PDF, 90K)	12/1/2000
Issue: Is it appropriate for the Appeals function to consider the merits of a challenged TFRP assessment in a Collection Due Process (CDP) hearing or in an equivalent hearing under the Collection Due Process regulation (Temporary Treasury Regulation § 301.6330-1T)?
200048042(PDF, 40K)	12/1/2000
Issues: (1) Does the transaction under the facts described below lack economic substance? (2) Can the shareholders of A, a corporation, be held liable as transferees for A's tax liability resulting from A's gain on the sale of appreciated assets?
200048041(PDF, 19K)	12/1/2000
Reply to a letter dated May 17, 2000 regarding the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated August 21, 2000.
200048040(PDF, 22K)	12/1/2000
Reply to a letter dated November 15, 1999, in which a ruling is requested as to the federal income tax consequences of a transaction consummated on Date R. Additional information was submitted in letters dated February 25, March 8, March 24, June 1 and July 12, 2000.
200048039(PDF, 60K)	12/1/2000
Issues: Would it violate Internal Revenue Code § 6103(a) for the examination team of Taxpayer A (A) to obtain from sources within the Internal Revenue Service (Service), such as other examination teams or issue specialists, information relating to the lease stripping transactions to which F's basis in the property he transferred to B is traceable that other parties to the lease stripping deals provided to the Service in connection with their own returns or the examination of their own returns?
200048038(PDF, 103K)	12/1/2000
In United States v. Hubbell, 120 S. Ct. 2037 (2000), Hubbell refused to comply with a broadly worded subpoena asserting his Fifth Amendment privilege against self-incrimination. Hubbell subsequently produced the requested documents after he was granted immunity under 18 U.S.C. §§ 6002 and 6003. The Court found the government made "derivative use" of the testimonial aspect of the act of production in obtaining the indictment against Hubbell and in preparing its case for trial.
200048037(PDF, 6.9K)	12/1/2000
Reply to your letter dated April 26, 2000, submitted on behalf of X, requesting a ruling that X be given an extension of time to elect to be classified as an association for federal tax purposes.
200048036(PDF, 7.2K)	12/1/2000
Responds to a letter dated July 18, 2000, submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200048035(PDF, 19K)	12/1/2000
Responds to your authorized representative's letter dated July 28, 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. Parent (as common parent of the consolidated group of which Purchaser is a member) and Seller are requesting an extension to file a "§ 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, with respect to Purchaser's acquisition of the stock of Target 1, Target 2, Target 3 and Target 4 (sometimes hereinafter referred to as the "Election"), on Date A.
200048034(PDF, 20K)	12/1/2000
Responds to initial correspondence, dated September 22, 1999, from your authorized representative and supplemental correspondence. Specifically, you requested a ruling on behalf of the above-referenced taxpayer as to the federal income tax consequences of a proposed transaction.
200048033(PDF, 17K)	12/1/2000
Responds to the April 25, 2000 letter, and subsequent correspondence, submitted on behalf of Portfolio, requesting a ruling under § 704(c) of the Internal Revenue Code. Specifically, a ruling has been requested that Portfolio may aggregate built-in gains and losses from qualified financial assets contributed to Portfolio with built-in gains and losses from revaluations of qualified financial assets held by Portfolio, for purposes of making § 704(c)(1)(A) and reverse § 704(c) allocations.
200048032(PDF, 16K)	12/1/2000
Responds to a letter dated February 4, 2000, submitted on behalf of P requesting a ruling concerning the ability of P to take into account, for purposes of the rehabilitation credit, certain expenditures incurred by X with respect to the rehabilitation of Building.
200048031(PDF, 7.3K)	12/1/2000
Responds to a letter dated July 27, 2000, and subsequent correspondence, submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200048030(PDF, 28K)	12/1/2000
Respond to a letter dated January 10, 2000, in which your authorized representative requested rulings on behalf of Distributing regarding the federal income tax consequences of certain transactions. Your authorized representative submitted additional information in letters dated April 4, May 24, June 26, July 5, July 11, July 21 and August 3, 2000.
200048029(PDF, 8.4K)	12/1/2000
Responds to your letter written on behalf of X, submitted on March 8, 2000, requesting an extension of time to elect to treat X as an entity that is disregarded as an entity separate from its owner for federal tax purposes.
200048028(PDF, 8.3K)	12/1/2000
Responds to your letter written on behalf of X, submitted on March 8, 2000, requesting an extension of time to elect to treat X as an entity that is disregarded as an entity separate from its owner for federal tax purposes.
200048027(PDF, 8.3K)	12/1/2000
Responds to your August 23, 2000 request for a supplement to our letter ruling dated May 23, 2000, and designated PLR-101093-00/200033037 (the "Prior Letter Ruling"). The legend abbreviations, Summary of Facts, Proposed Transactions, Representations, and Caveats appearing in the Prior Letter Ruling are incorporated by reference.
200048026(PDF, 17K)	12/1/2000
Responds to your authorized representative's letter dated May 15, 2000, requesting a letter ruling concerning whether the payment received by Taxpayer for the relocation of certain underground gas transmission lines is a nonshareholder contribution to capital excludable from income under § 118(a) of the Internal Revenue Code.
200048025(PDF, 8.3K)	12/1/2000
Responds to your letter written on behalf of X, submitted on March 8, 2000, requesting an extension of time to elect to treat X as an entity that is disregarded as an entity separate from its owner for federal tax purposes.
200048024(PDF, 8.1K)	12/1/2000
Responds to a letter dated July 6, 2000, and subsequent correspondence, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200048023(PDF, 7.7K)	12/1/2000
Responds to a letter dated May 8, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200048022(PDF, 14K)	12/1/2000
Responds to your authorized representative's letter dated April 28, 2000, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election.
200048021(PDF, 57K)	12/1/2000
Issues: (1) Whether Petitioners are entitled to nonrecognition of gain under Internal Revenue Code § 1031(a) in Year 1 on the exchange of A's interest in property X for property Y. (2) Whether A's transfer of property to his children satisfies the requirements for related person transfers under I.R.C. § 1031(f).
200048020(PDF, 7.7K)	12/1/2000
Responds to a letter dated May 19, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200048019(PDF, 26K)	12/1/2000
Issue: Whether royalty income from a non-affiliated person with respect to manufacturing intangibles reduces product area research for purposes of computing the cost sharing floor under the profit split method.
200048018(PDF, 55K)	12/1/2000
Response to a March 30, 2000, letter and subsequent correspondence submitted on behalf of Fund A and Fund B (each a "Fund" or collectively "the Funds") and Trust.
200048017(PDF, 8.3K)	12/1/2000
Responds to the ruling request dated July 25, 2000, that was submitted by your representative on behalf of X, and which requests relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1 under the laws of State. 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.
200048016(PDF, 8.1K)	12/1/2000
Responds to your letter dated May 30, 2000, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X on was incorporated on D1, pursuant to the laws of State. X intended to be treated as an S corporation effective D1, but the S election was not timely filed.
200048015(PDF, 8.2K)	12/1/2000
Responds to the ruling request dated June 15, 2000, that was submitted by your representative on behalf of X, and which requests relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1 under the laws of State. 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.
200048014(PDF, 7.8K)	12/1/2000
Responds to a letter dated June 8, 2000, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200048013(PDF, 32K)	12/1/2000
Issue: Whether X is entitled to deduct a $49,775.41x repayment made by X of a portion of a tax sharing payment received in connection with a transaction involving the sale of losses by X?
200048012(PDF, 29K)	12/1/2000
Issue: Whether the reallocation of basis from a depreciable asset to a nondepreciable asset constitutes a change in method of accounting.
200048011(PDF, 22K)	12/1/2000
Issues: I. What date controls for determining whether the 10 percent ownership requirement has been satisfied for purposes of the reduced 5 percent rate of tax under paragraph 2 of Article 10 of the Convention Between the United States of America and the Federal Republic of Germany for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital and to Certain Other Taxes ("the 1991 Treaty")? II. If it is determined that the dividends paid by DC to FC were subject to the 15 percent rate of tax, is the Taxpayer liable for the additional 10 percent rate of tax?
200048010(PDF, 8.0K)	12/1/2000
Responds to a letter dated August 9, 2000, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200048009(PDF, 58K)	12/1/2000
Issues: (1) Whether Taxpayer is entitled to deduct on the acquiring group's consolidated return contingent liabilities that Target accrued prior to its acquisition, which were paid by the Seller pursuant to an indemnity agreement entered into in connection with a stock purchase qualifying under Code § 338(h)(10). (2) Whether Taxpayer is entitled to deduct interest accruing on Target's contingent liabilities, such interest having been paid by the Seller pursuant to the indemnity agreement. (3) How should Purchaser treat various amounts (i.e., accrued State franchise taxes and pre- and post-acquisition interest accruing on such liability) paid by Seller pursuant to the indemnity agreement.
200048008(PDF, 39K)	12/1/2000
Respond to your April 28, 2000 request for rulings on certain federal income tax consequences of several proposed transactions. Distributing's predecessors received rulings on prior transactions during Year 1, Year 2, and Year 3 (the "Prior Ruling Letters"). Further, this ruling letter, two other ruling letters issued with this letter (PLR-109432-00 and PLR-109430-00), and a ruling letter issued to Distributing on June 15, 2000 (PLR-105240-00) all address aspects of the same overall transaction (the "Overall Transaction").
200048007(PDF, 25K)	12/1/2000
Respond to your April 28, 2000 request for rulings on certain federal income tax consequences of a series of proposed transactions. The information submitted with the request and in later correspondence is summarized below. Distributing's predecessors received rulings on prior transactions during Year 1, Year 2, and Year 3 (the "Prior Ruling Letters").
200048006(PDF, 58K)	12/1/2000
Issues: (1) Whether Taxpayer is entitled to deduct on the acquiring group's consolidated return contingent liabilities that Target accrued prior to its acquisition, which were paid by the Seller pursuant to an indemnity agreement entered into in connection with a stock purchase qualifying under Code § 338(h)(10). (2) Whether Taxpayer is entitled to deduct interest accruing on Target's contingent liabilities, such interest having been paid by the Seller pursuant to the indemnity agreement. (3) How should Purchaser treat various amounts (i.e., accrued State franchise taxes and pre- and post-acquisition interest accruing on such liability) paid by Seller pursuant to the indemnity agreement.
200048005(PDF, 50K)	12/1/2000
Responds to your April 10, 2000 request for a ruling that, under § 1504(a)(3)(B) of the Internal Revenue Code, the Internal Revenue Service waive the general rule of § 1504(a)(3)(A).
200048003(PDF, 153K)	12/1/2000
Tactile manipulation constitutes an illegal search despite public exposure of manipulated items
200048002(PDF, 40K)	12/1/2000
Issue: (1) Whether, in Tax Year 1, Corp A may deduct $w attributable to a lease as an abandonment loss under Internal Revenue Code § 165. 2). What is the proper tax accounting treatment for the deferred prepaid revenue and what is the proper allocation for determining basis under § 1060.
200048001(PDF, 51K)	12/1/2000
Issue: Under the situations described below, whether capital cost reduction (CCR) payments made by Customer (lessee) at the inception of a lease relating to a vehicle constitute rental income to the financial institution that acquires the lease. If not, whether the CCR payments reduce the financial institution's basis in the leased vehicle for depreciation purposes.
200047051(PDF, 182K)	10/10/2001
This letter constitutes notice that with respect to the above-named defined benefit pension plan the five plan amendments described below are reasonable and provide only for de minimis increases in the liabilities of the Plan.
200047050(PDF, 319K)	10/10/2001
This is in response to a letter dated June 28, 1999, as supplemented by additional correspondence dated May 1,2000, and July 21,2000, in which your authorized representative requested rulings on your behalf under § 414(e) of the Internal Revenue Code.
200047049(PDF, 907K)	10/10/2001
Issues: (1) Whether income derived by i from the sale of land under the cInternal Revenue Codeumstances described constitutes unrelated business taxable income under § 512(a)(l) of the Internal Revenue Code. (2) Whether M's provision of municipal-type services in the manner described serves the private interests of Es members in contravention of § 501(c)(3) of the Code, and, if not, whether income derived by i from providing such services constitutes unrelated business taxable income under § 512(a)(l). (3) Whether income derived by y from the provision of a golf course, tennis courts and boating facilities constitutes unrelated business taxable income under § 512(a)(l) of the Code, and what factors are relevant in determining whether such activities further an exempt purpose under § 501(c)(3). (4) If any of the above-mentioned activities constitute unrelated trade or business under § 513 of the Code, whether such activities would adversely affect M's tax-exempt status under § 501 (c)(3).
200047048(PDF, 619K)	10/10/2001
Issues: (1) Is a trust ("Trust") considered one contributor for purposes of the public support test under § 509(a)(l) and 170(b)(l)(A)(vi) of the Internal Revenue Code if the trust instrument creates four separate funds each operated with separate Employer Identification Numbers, files separate returns and maintains separate bank accounts? (2) Does F meet the public support test for classification under § 509(a)(l) and 170(b)(l)(A)(vi)? 3 Does F meet the support test for classification under § 509(a)(2)?
200047047(PDF, 29K)	11/25/2000
Issue: Whether any provisions of the proposed agreement between the IRS and Florida's Division of Unemployment Compensation should be revised or removed consistent with Internal Revenue Code § 6103 and related disclosure laws contained in Title 26.
200047046(PDF, 16K)	11/25/2000
Response to a letter dated May 16, 2000, and subsequent correspondence, requesting a ruling that Y's removal as co-obligor on various debt instruments and on other debt instruments' collateral would not be considered a significant modification under § 1.1001-3 of the Income Tax Regulations, and therefore, would not be treated as a taxable exchange under § 1001 of the Internal Revenue Code.
200047045(PDF, 16K)	11/25/2000
Responds to your letter dated May 9, 2000, in which you requested, on behalf of the above referenced taxpayer, rulings under § 355 of the Internal Revenue Code. Additional information regarding your request has been submitted in letters dated June 23 and August 23, 2000. The material information submitted for consideration is summarized below.
200047044(PDF, 16K)	11/25/2000
Responds to your letter dated April 20, 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 an election under § 338(g) of the Internal Revenue Code and §1.338-1(d) of the Income Tax Regulations, with respect to Purchaser's acquisition of the stock of Target (sometimes hereinafter referred to as the "Election"), on Date A. (All citations in this letter to regulations under § 338 are to the regulations as in effect on Date A).
200047043(PDF, 15K)	11/25/2000
Responds to your authorized representatives' letter dated February 28, 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 an extension of time to file a statement of allowed loss under § 1.1502-20(c)(3) of the Income Tax Regulations (sometimes referred to as the "Election"), for its taxable year ending on Date A.
200047042(PDF, 19K)	11/25/2000
Requested a ruling be issued to A under § 301.9100-1(c) of the Procedure and Administration Regulations, on behalf of its subsidiaries B and C. Specifically, you have requested permission for B and C to each file a Form 970, Application To Use LIFO Inventory Method for the year ended Date (1) This ruling request is made in accordance with § 301.9100-3.
200047041(PDF, 69K)	11/25/2000
Issues: 1) Whether the Canadian Petroleum Gas and Revenue Taxes ("PGRT") paid by Fsub and the tax paid or accrued under the Income Tax Act of Canada ("ITA" and "ITA tax") by Fsub in 1981 and 1982 are taxes in lieu of an income tax as defined in § 903 of the Internal Revenue Code and Temporary Treasury Regulation §4.903-1(a)? 2) Whether the modified ITA tax in 1984, 1985, and 1986 is a creditable tax under § 901 of the Code? 3) Whether the PGRT as paid or accrued by Fsub in 1984, 1985, and 1986 is a tax in lieu of an income tax as defined in § 903 of the Code and Treas. Reg. §1.903-1(a)? 4) Whether the PGRT and modified ITA tax in 1985 and 1986 are creditable taxes under the U.S.-Canada Income Tax Treaty as applicable for those years? 5) Whether the PGRT and modified ITA tax in 1981, 1982, and 1984 are creditable taxes under the U.S.-Canada Income Tax Treaty as applicable for those years?
200047040(PDF, 11K)	11/25/2000
Responds to a letter dated April 21, 2000, submitted on behalf of Fund. Fund requests that its election under §565 of the Internal Revenue Code to make a consent dividend be considered timely filed pursuant to §301.9100-3 of the Procedure and Administration Regulations.
200047039(PDF, 7.5K)	11/25/2000
Responds to a letter dated May 25, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200047038(PDF, 7.4K)	11/25/2000
Responds to a letter dated March 20, 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 two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation.
200047037(PDF, 7.4K)	11/25/2000
Responds to a letter dated April 3, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. This ruling is directed only to the taxpayer who requested it. § 6110(k)(3) provides that it may not be used or cited as precedent.
200047036(PDF, 10K)	11/25/2000
Responds to your letter dated March 31, 2000, and received by the Internal Revenue Service on May 12, 2000, as well as subsequent correspondence, requesting a ruling that the rental income received by Company from the Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200047035(PDF, 7.3K)	11/25/2000
Responds to a letter dated April 20, 2000, and subsequent correspondence, that you submitted on behalf of X as X's authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200047034(PDF, 8.3K)	11/25/2000
Responds to a letter, dated April 21, 2000, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(g) of the Internal Revenue Code.
200047033(PDF, 15K)	11/25/2000
Issue: Whether interest is allowed on the portion of the taxpayer's overpayment of tax for Year 1 and Year 2, credited against its Year 6 tax liability for periods beyond the due date for the Year 6 tax liability.
200047032(PDF, 7.5K)	11/25/2000
Responds to a letter, dated May 25, 2000, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200047031(PDF, 7.1K)	11/25/2000
Responds to a letter dated December 15, 1999, and subsequent correspondence, submitted on behalf of X by X's authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200047030(PDF, 9.7K)	11/25/2000
Responds to a letter received by us on June 19, 2000, requesting a ruling that the current income beneficiary, Beneficiary, of the Marital Trust be granted an extension of time under § 301.9100 of the Procedure and Administration Regulations to elect to treat the trust as a qualified subchapter S trust (QSST).
200047029(PDF, 9.0K)	11/25/2000
Responds to a letter, dated May 18, 2000, written on behalf of X, 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.
200047028(PDF, 11K)	11/25/2000
Responds to the April 24, 2000, letter and additional information submitted on behalf of X, requesting rulings under § 1362(f) of the Internal Revenue Code.
200047027(PDF, 15K)	11/25/2000
Response to your June 6, 2000 letter in which you requested a ruling on the gift tax consequences of a proposed disclaimer.
200047026(PDF, 16K)	11/25/2000
Responds to your letter dated May 3, 2000, submitted on behalf of Company, requesting a ruling under § 1362(f) of the Internal Revenue Code that the termination of Company's S corporation election was inadvertent. Company represents the following facts.
200047025(PDF, 9.8K)	11/25/2000
Replies to a letter dated November 1, 1999, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3
200047024(PDF, 11K)	11/25/2000
Responds to your authorized representative's April 19, 2000 letter requesting rulings regarding the tax treatment of a proposed transaction. The pertinent facts, as described in your letter and in an additional submission dated July 13, 2000, are set forth below.
200047023(PDF, 31K)	11/25/2000
Responds to your request for a ruling dated December 17, 1999, as supplemented, submitted by you on behalf of the Master Fund, the Feeder Fund, and the Company (collectively the "taxpayers"). FACTS: Master Trust is a business trust established in accordance with the laws of the State under an Instrument and Agreement and Declaration of Trust dated Date 1
200047022(PDF, 30K)	11/25/2000
Issue: Whether Mr. X may deduct interest paid on a mortgage obtained from his pension and profit sharing trust, when the amount of the mortgage over $50,000 was deemed to be a taxable distribution to him.
200047021(PDF, 20K)	11/25/2000
Issue: Whether the former parent (or its successor in interest, Corp. E) is entitled to a deduction under § 165(a) of the Internal Revenue Code for post-affiliation loss payments made by its former related insurer subsidiaries?
200047020(PDF, 21K)	11/25/2000
Response to your letter dated February 23, 2000, in which you requested rulings on the federal income tax treatment of the transactions described below. Specifically, you requested rulings under § 355 of the Internal Revenue Code.
200047019(PDF, 6.3K)	11/25/2000
The ruling contained in this letter is based upon facts and representations submitted by the taxpayers and accompanied by a penalty of perjury statement executed by an appropriate party. This office has not verified any of the material submitted in support of the request for a ruling. Verification of the factual information, representations, and other data may be required as part of an examination process.
200047018(PDF, 30K)	11/25/2000
Requested a ruling concerning the generation-skipping transfer tax consequences of the partition and the modification and clarification of the administrative provisions of the Testamentary Trust, a grandfathered trust. This letter responds to your request.
200047017(PDF, 7.5K)	11/25/2000
The rulings contained in this letter are based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination.
200047016(PDF, 10K)	11/25/2000
Response to your letter dated November 11, 1998, 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. The information submitted for consideration is substantially as set forth below.
200047015(PDF, 55K)	11/25/2000
Issue: Whether taxpayer is entitled to deduct the amount of $a transferred to Sub1 for the payment of a legal judgment in said amount against Sub1/Sub2 as an ordinary and necessary business expense under Internal Revenue Code § 162 for the tax year.
200047014(PDF, 33K)	11/25/2000
Issue: Are the sale proceeds allocable to a yield guaranty contract, which is sold together with a REMIC regular interest, includible in the seller's income in the year of sale, or over the life of the yield guaranty contract?
200047013(PDF, 16K)	11/25/2000
Responds to your request, dated February 17, 2000, requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a reverse qualified terminable interest property (QTIP) election under § 2652(a)(3) of the Internal Revenue Code.
200047012(PDF, 59K)	11/25/2000
Issues: 1) Whether Taxpayer is a "dealer in securities," and must therefore mark-to-market all or a portion of its home equity loan portfolio pursuant to Internal Revenue Code § 475. 2) If so, whether Taxpayer is entitled to the spread of any § 481 adjustment that results from marking to market its home equity loan portfolio.
200047011(PDF, 27K)	11/25/2000
We received the letter dated, July 22, 1999, and subsequent correspondence from your representative in which you request a ruling concerning the income and generation-skipping transfer tax consequences of the proposed consolidation of Trust 1, Trust 2, Trust 3, and Trust 4 (collectively, the Trusts) under §§ 1001, 1015, 1223 and 2601of the Internal Revenue Code.
200047010(PDF, 6.2K)	11/25/2000
The ruling contained in this letter is based upon facts and representations submitted by the taxpayers and accompanied by a penalty of perjury statement executed by an appropriate party. This office has not verified any of the material submitted in support of the request for a ruling. Verification of the factual information, representations, and other data may be required as part of an examination process.
200047009(PDF, 29K)	11/25/2000
In a letter, dated August 11, 1999, you requested rulings concerning the generation-skipping transfer tax consequences of the proposed partition and modification and clarification of the administrative provisions of the Trust.
200047008(PDF, 30K)	11/25/2000
The information submitted and the representations made are summarized as follows: The Testamentary Trust was created under Item IV of Decedent's will, which was executed on a. Decedent died testate in b, survived by Son 1 and Son 2.
200047007(PDF, 30K)	11/25/2000
The facts and representations submitted are summarized as follows: Decedent executed a will on a. Decedent died testate in b, survived by Son 1, Son 2, and the children of Son 1, Grandson 1, Grandson 2, and Granddaughter.
200047006(PDF, 30K)	11/25/2000
Requested a ruling concerning the generation-skipping transfer tax consequences of the partition and the modification and clarification of the administrative provisions of the Testamentary Trust, a grandfathered trust. This letter responds to your request.
200047005(PDF, 30K)	11/25/2000
Requested a ruling concerning the generation-skipping transfer tax consequences of the partition and the modification and clarification of the administrative provisions of the Testamentary Trust, a grandfathered trust. This letter responds to your request.
200047004(PDF, 30K)	11/25/2000
Requested rulings concerning the generation-skipping transfer tax consequences of the proposed partition and modification and clarification of the administrative provisions of the Trust.
200047003(PDF, 30K)	11/25/2000
The income is to be divided into as may shares as there are Grandchildren of Decedent living at the time of the respective distribution and deceased Grandchildren of Decedent who left issue who are living.
200047002(PDF, 30K)	11/25/2000
In order to facilitate their accounting, record keeping, and segregation of assets, the trustees on receiving the Testamentary Trust property from Decedent's executors, are to create as many trusts as there are at that time children of Decedent living and deceased children of Decedent who are then survived by descendants.
200047001(PDF, 24K)	11/25/2000
In a letter, dated August 11, 1999, you requested rulings concerning the generation-skipping transfer tax consequences of the proposed partition and modification and clarification of the administrative provisions of a grandfathered trust.
200046041(PDF, 453K)	10/10/2001
Issues: (1) P's transfer of all of its assets to S, T, and U will be pursuant to § 507(b)(2) of the Code. (2) P's transfer will not terminate P's status as a private foundation and will not cause the imposition of the termination tax under § 507(c) of the Code. (3) P's transfer will not constitute any willful and flagrant act, or failure to act, which would result in tax under Chapter 42 of the Code.
200046040(PDF, 401K)	10/10/2001
This is in response to the ruling request dated December 14, 1999, as supplemented by a letter dated June 29, 2000, in which your authorized representative has requested a ruling on your behalf concerning whether its employees who participate in Library M's plan described in § 403(b) of the Internal Revenue Code are eligible for the increased limitations specified in § 402(g)(8)(A) and the special elections specified in § 415(c)(4).
200046039(PDF, 551K)	10/10/2001
You requested a ruling that F's (formerly H) change in activities will not effect its exemption under § 501(c)(3) of the Internal Revenue Code, its non-private foundation status or result in unrelated business income tax.
200046038(PDF, 21K)	11/17/2000
Issue: Whether a Service Center that converts a Form 990, Return of Organization Exempt From Income Tax, filed by a § 501(c) organization that has not filed for recognition of tax-exempt status and is not required to file Form 1023, Application for Recognition of Exemption Under § 501(c)(3), or Form 1024, Application for Recognition of Exemption Under § 501(a), to a Form 1120, U.S. Corporation Income Tax Return, can proceed without an examination to issue a statutory notice of deficiency, if the organization refuses to sign the return?
200046037(PDF, 30K)	11/17/2000
Issue: What is the proper way to compute an injured spouse's refund in a community property state (Texas) when the other spouse owes both a tax and a non-tax debt.
200046036(PDF, 25K)	11/17/2000
Issue: How is the statute of limitations for collection under § 6502(a) of the Internal Revenue Code determined for liabilities named on offers in compromise accepted for processing on or before December 31, 1999, and still pending with the Service after that date?
200046035(PDF, 22K)	11/17/2000
Responds to your letter dated December 20, 1999, in which you requested a ruling and closing agreement that premiums received by Company A ("taxpayer") on policies of insurance or reinsurance of United States risks are exempt from the insurance excise tax imposed by § 4371 of the Internal Revenue Code pursuant to the United States - France Income Tax Convention (the "Convention").
200046034(PDF, 22K)	11/17/2000
Ruling contained in this letter is based upon information and representations submitted by the taxpayer and accompanied by penalty of perjury statements executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination.
200046033(PDF, 27K)	11/17/2000
Responds to your letter dated April 13, 2000, and subsequent correspondence, submitted on behalf of Taxpayer, requesting a private letter ruling under § 42(j)(1) of the Internal Revenue Code. The Internal Revenue Service District Office that will have jurisdiction over all returns filed by Taxpayer is District.
200046032(PDF, 7.2K)	11/17/2000
Responds to a letter dated June 7, 2000, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200046031(PDF, 9.6K)	11/17/2000
Responds to Company's letter dated April 13, 2000 requesting an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations for Company to elect to be treated as a corporation for federal tax purposes.
200046030(PDF, 20K)	11/17/2000
Responds to your representative's May 5, 2000, request for rulings on the federal income tax consequences of a proposed transaction.
200046029(PDF, 7.3K)	11/17/2000
Replies to a letter dated October 19, 1999, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to elect § 1.861-8(e)(6)(ii)(D)(2) for the taxable year ended on Date A.
200046028(PDF, 7.1K)	11/17/2000
Responds to your letter, dated January 10, 2000, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200046027(PDF, 22K)	11/17/2000
Response to your Authorized Representatives' letter dated March 2, 2000, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election.
200046026(PDF, 22K)	11/17/2000
Parent is the common parent of a consolidated group that files a federal income tax return on the basis of a taxable year ending April 30. Sub #1, a Country E corporation that Parent has elected to treat as a disregarded entity, is a wholly-owned subsidiary of Parent. Sub #2, a Country F corporation, is a wholly owned subsidiary of Sub #1. Sub #4 is a Country F corporation and a wholly-owned subsidiary of Sub #2.
200046025(PDF, 22K)	11/17/2000
Company, a calendar year taxpayer that uses the accrual method of accounting, is an investor-owned electric utility in State A. Company generates, transmits, and distributes electricity to residential, commercial, industrial, and governmental customers within its service area.
200046024(PDF, 20K)	11/17/2000
Prior to the acquisition, Target #3 was wholly-owned by Sellers (individuals who are citizens of country F, and who are not United Sates shareholders within the meaning of § 951(b)), and Target Affiliate #3 was wholly-owned by Target #3.
200046023(PDF, 12K)	11/17/2000
Responds to a letter dated March 28, 2000, and subsequent correspondence submitted on behalf of X by X's authorized representatives, requesting a ruling that X is an eligible small ethanol producer and thus eligible for the small ethanol producer credit allowed by § 40 of the Internal Revenue Code and that the partners of X will include their distributive share of the credit under the principles of § 702(a)(7).
200046022(PDF, 7.4K)	11/17/2000
Responds to a letter dated March 23, 2000, and subsequent correspondence submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200046021(PDF, 74K)	11/17/2000
Response to your request on behalf of the District for a ruling that interest on the Bonds will be excluded from income under § 103 of the Internal Revenue Code. Pursuant to § 7478 and Rev. Proc. 96-16, 1996-1 C.B. 630, our private letter ruling is one subject to review under the declaratory judgment provisions of § 7478.
200046020(PDF, 19K)	11/17/2000
Taxpayer is a subsidiary member of an affiliated group of corporations that files a consolidated federal income tax return.
200046019(PDF, 56K)	11/17/2000
Issue: Whether the interest expense and currency gain arising from a loan between the Taxpayer and Finance Sub X (the "Loan") may be disregarded for federal income tax purposes as lacking economic substance.
200046018(PDF, 18K)	11/17/2000
Purchaser and Sellers are requesting an extension to file a "§ 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 stock of Target on Date A.
200046017(PDF, 27K)	11/29/2000
Taxpayer is percent owned by Parent and files a consolidated Federal income tax return with Parent. Taxpayer has a direct ownership interest of percent, as a tenant-in-common with other electric utility companies, in Plant, which is situated at Location.
200046016(PDF, 24K)	11/29/2000
Taxpayer was previously granted a revised schedule of ruling amounts on June 2, 1998. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2).
200046015(PDF, 17K)	11/17/2000
Responds to your Authorized Representatives' letter dated March 29, 2000, requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file an election.
200046014(PDF, 21K)	11/17/2000
Responds to your ruling request submitted on behalf of State X by a letter dated June 26, 2000, as modified by letters dated July 24, 2000, and August 8, 2000. Your request relates to whether there is an information reporting requirement under either § 6050E or § 6041 of the Code with respect to rebates to be paid pursuant to State Statute A, a tax relief provision.
200046013(PDF, 10K)	11/17/2000
The facts submitted are that Company owns 100 percent of L.L.C., which in turn owns all of Corporation A and all of Corporation B. Corporation A owns 99 percent of Partnership, and Corporation B owns one percent of Partnership.
200046012(PDF, 18K)	11/17/2000
Response to your request for a ruling on behalf of X concerning the federal income tax consequences of an amendment to Plan on which X previously received a private letter ruling (PLR 9314005).
200046011(PDF, 21K)	11/17/2000
Issues: 1) Whether Internal Revenue Code § 6501(c)(4)(B) applies to the facts of this case? 2) If § 6501(c)(4)(B) applies to this case, whether the Service complied with the statutory provision? 3) If the Service did not comply with § 6501(c)(4)(B), whether the Form 2750, Waiver Extending Statutory Period for Assessment of Trust Fund Recovery Penalty, secured in this case is valid?
200046010(PDF, 14K)	11/17/2000
The extension is being requested by P1, as the common parent, for P1 and subsidiaries to make an election to file a consolidated federal income tax return, under § 1.1502-75(a)(1) of the Income Tax Regulations (hereinafter referred to as "the Election"), effective for their W tax year (ending on Date C).
200046009(PDF, 13K)	11/17/2000
The facts submitted are that the Plan is intended to constitute an "employee stock purchase plan," in which employees of Company or of a Designated Subsidiary corporation will participate.
200046008(PDF, 50K)	11/17/2000
Issue: Whether gains from the sales of assets by FC2 and FC3, controlled foreign corporations (CFCs), in the cInternal Revenue Codeumstances described herein, are foreign personal holding company income (FPHCI) under § 954(c)(1)(B) of the Code.
200046007(PDF, 30K)	11/17/2000
Specifically, rulings were requested concerning whether a portion of the payments related to accelerated vesting of options is treated as contingent on a change in ownership or control; whether certain severance payments are contingent on a change in ownership or control; and the calculation of the base amount.
200046006(PDF, 29K)	11/17/2000
The Date 1 Agreement provided that if Executive's employment with Company B terminated, other than by reason of death or disability, during a five-year period beginning on the date a change in control occurred, Company B would pay Executive the following amounts within 10 days after the date of termination
200046005(PDF, 30K)	11/17/2000
This letter is in response to the letter dated March 9, 2000, submitted by your authorized representative requesting rulings under § 280G of the Internal Revenue Code.
200046004(PDF, 30K)	11/17/2000
The information submitted and the representations made are summarized as follows: The Testamentary Trust was created under Item IV of Decedent's will, which was executed on a. Decedent died testate in b, survived by Son 1 and Son 2.
200046003(PDF, 29K)	11/17/2000
The information submitted and the representations made are summarized as follows: Decedent executed a will on a and a codicil to the will on b. Decedent died in c, survived by Son 1, Son 2, and Daughter. Decedent's will established the Testamentary Trust for the benefit of Decedent's descendants.
200046002(PDF, 30K)	11/17/2000
The facts and representations submitted are summarized as follows: On a, Decedent created the Trust for the benefit of Decedent's lineal descendants. Decedent died testate in b, survived by Son 1, Son 2, and Daughter.
200046001(PDF, 29K)	11/17/2000
Controlled engages, directly and through subsidiaries and affiliates, in Business (2) We have received financial information indicating that Business 1 and Business 2 each had gross receipts and operating expenses representing the active conduct of a trade or business for each of the past five years.
200045038(PDF, 12K)	11/14/2000
The information submitted states that A and B, then husband and wife, established Trust on D1. A and B are trustors and co-trustees of Trust.
200045037(PDF, 334K)	10/10/2001
This is in response to your letter dated May, 2000, in which you requested certain rulings with respect to a proposed transfer of assets from B to C as amended in a letter dated August 9, 2000.
200045036(PDF, 333K)	10/10/2001
This is in response to your letter dated May 9, 2000, in which you requested certain rulings with respect to a proposed transfer of assets from B to C as amended in a letter dated August 9, 2000.
200045035(PDF, 357K)	10/10/2001
Issues: (1) That Beneficiary E is a designated beneficiary for purposes of § 401(a)(9) of the Code with respect to IRA X. (2) That Beneficiary E was timely selected as Grantor's designated beneficiary of IRA X for purposes of § 401(a)(9) of the Code. (3) That Grantor's use of the single recalculated life expectancy in determining her required minimum distributions during her lifetime does not preclude the use of the term-certain life expectancy of the oldest designated beneficiary in the calendar year after the death of the Grantor. (4) That in determining the required minimum distributions after the death of Grantor, Beneficiary F may use the remaining term-certain life expectancy of Beneficiary E commencing with distributions in the calendar year 2000 and reduced by one for each calendar year thereafter.
200045034(PDF, 359K)	10/10/2001
Issues: (1) That Beneficiary E is a designated beneficiary for purposes of § 401(a)(9) of the Code with respect to IRA X. (2) That Beneficiary E was timely selected as Grantor's designated beneficiary of IRA X for purposes of § 401 (a)(9) of the Code. (3) That Grantor's use of the single recalculated life expectancy in determining her required minimum distributions during her lifetime does not preclude the use of the term-certain life expectancy of the oldest designated beneficiary in the calendar year after the death of the Grantor. (4) That in determining the required minimum distributions after the death of Grantor, Beneficiary E may use her remaining term-certain life expectancy commencing with distributions in the calendar year 2000 and reduced by one for each calendar year thereafter.
200045033(PDF, 265K)	10/10/2001
This is in response to your request of February 12, 2000, for a ruling on the proper treatment of excess contributions and the calculation of net investment income for a supporting organization exempt under § 509(a)(3) of the Internal Revenue Code.
200045032(PDF, 429K)	10/10/2001
Issues: (1) Whether both Plan X and Plan Y are church plans as defined in § 414(e) of the Internal Revenue Code, effective on and after ********? (2) Whether both Plan X and Plan Y were deemed church plans under § 414(e)(4) of the Code, from and after their inception through *****? (3) Whether Plan X and Plan Y are church plans as defined in § 414(e) of the Code effective on or after ******, as a result of the split by Hospital A from University B?
200045031(PDF, 213K)	10/10/2001
This is in response to your letter of November 2, 1999, as modified by your letter of March 14,2000, in which you seek a ruling on behalf of Company A, for which you are the authorized representative, concerning the excise tax imposed by § 4980 of the Internal Revenue Code (hereinafter, the "Code").
200045030(PDF, 73K)	11/14/2000
Issues: (1) Does the conclusive presumption of worthlessness standard set forth in Treasury Regulation § 1.166-2(d)(3)(ii) include consumer loans such as credit card loans and installment loans that are classified as a regulatory loss asset after a certain time period passes? (2) Does the Internal Revenue Service have the authority to question a bank's loan loss classification standards? (3) Under Treas. Reg. § 1.166-2(d)(3)(ii)(C), which defines a loss asset, does the phrase "or similar guidance" include manuals, handbooks and guidebooks of a bank's supervisory authority?
200045029(PDF, 13K)	11/14/2000
The information submitted indicates that Taxpayer is a stock life insurance company subject to Subchapter L of the Code and licensed under the laws of State X and files annual statements with the insurance department of State X.
200045028(PDF, 25K)	11/14/2000
Decedent executed Trust, a revocable trust, in 1964, the terms of which are governed by the laws of the State of California. Trust was amended in 1970. Child A, Decedent's child, is the sole trustee of Trust.
200045027(PDF, 7.9K)	11/14/2000
The ruling contained in this letter is predicated upon facts and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party.
200045026(PDF, 16K)	11/14/2000
The facts and representations submitted are summarized as follows: Decedent died on Date 2, a resident of State. Decedent executed his will on Date (1) Decedent was survived by Spouse, Daughter, and Son.
200045025(PDF, 23K)	11/14/2000
Distributing, a publicly traded State A corporation, is the common parent of an affiliated group that files a consolidated federal income tax return. Distributing is a holding company that, through its various tiers of subsidiaries, engages in Business A and Business B. As of Date A,
200045024(PDF, 9.6K)	11/14/2000
Facts: X was organized under the laws of a foreign country on D1. On D2, X was acquired by P1 and P2, limited liability companies organized under the laws of Country. X intended to be treated as a partnership for U.S. federal tax purposes, effective D2, but the entity classification election was not timely filed.
200045023(PDF, 8.4K)	11/14/2000
Section 1361(b)(3)(B) provides that a QSub means any domestic corporation which is not an ineligible corporation if 100% of the stock of such corporation is held by the S corporation and the S corporation elects to treat such corporation as a QSub.
200045022(PDF, 8.5K)	11/14/2000
Section 301-7701-3(a) allows a business entity that is not classified as a corporation under § 301.7701-2(b)(1), (3), (4), (5), (6), (7) or (8) (an eligible entity) to elect its classification for federal tax purposes as provided in the remainder of that section.
200045021(PDF, 10K)	11/14/2000
Section 1362(b)(1) provides in relevant part that if an S election is made within the first two and one-half months of a corporation's taxable year, then the corporation will be treated as an S corporation for the year in which the election is made.
200045020(PDF, 7.8K)	11/14/2000
Facts: X was incorporated on D1. The sole shareholder of X desired that X be treated as an S corporation effective on D2. However, 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 D2.
200045019(PDF, 17K)	11/14/2000
In c, Taxpayer entered into a g-year commercial lease, with Taxpayer as tenant, for the Premises (a rental unit in the Building). Taxpayer continued to renew the lease for d years until w (changing the named tenant on the lease to Corp, the name under which Taxpayer was doing business, in t).
200045018(PDF, 10K)	11/14/2000
Response to A's letter dated June 22, 2000, 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.
200045017(PDF, 10K)	11/14/2000
Response to A's letter dated June 22, 2000, 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.
200045016(PDF, 6.2K)	11/14/2000
Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending.
200045015(PDF, 8.1K)	11/14/2000
Facts: X was formed as a Limited Liability Company under Country law on D1. X has two or more members and no member of X has personal liability for the debts of or claims against X by reason of being a member. X intended to elect to be classified as a partnership, effective D2.
200045014(PDF, 7.8K)	11/14/2000
Facts: X began conducting business on D1. The shareholders of X desired that X be treated as an S corporation effective on D1. However, 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 D1.
200045013(PDF, 7.8K)	11/14/2000
Facts: X was incorporated on D1. The sole shareholder of X desired that X be treated as an S corporation effective on D1. However, 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 D1.
200045012(PDF, 11K)	11/14/2000
Facts: is a domestic corporation which wholly owns B, a domestic corporation. C is an unrelated corporation formed under the laws of Country1.
200045011(PDF, 8.6K)	11/14/2000
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.
200045010(PDF, 41K)	11/14/2000
Issue: Whether Taxpayer properly allocated certain legal fee and settlement expense deductions to a class of gross income comprised solely of domestic income.
200045009(PDF, 27K)	11/14/2000
Issue: Whether the Export Clause of the United States Constitution, art 1, § 9, cl. 5, bars the Internal Revenue Service from imposing the insurance premium excise tax on a policy of insurance providing a mission risk guarantee against failure of a launched satellite.
200045008(PDF, 41K)	11/14/2000
Issue: Whether Partner B should recognize any gain upon the merger of the Partnership, which is owned by Partners B and A, into Partner A.
200045007(PDF, 9.8K)	11/14/2000
X was incorporated under State law on D1, and elected to be treated as an S corporation for its taxable year beginning D2.a
200045006(PDF, 40K)	11/14/2000
Issue: Whether the Service must pay overpayment interest from March 15, Year 12 to March 15, Year 13, pursuant to Internal Revenue Code § 6611, where the overpayment resulting from certain carrybacks is designated by the taxpayer as an advance payment of estimated tax before the overpayment was needed to satisfy taxpayer's estimated tax liability.
200045005(PDF, 20K)	11/14/2000
The information submitted and the representations made are summarized as follows: Prior to the end of a, Company was an S corporation with a single class of common stock authorized. Effective b, Company became a C corporation.
200045004(PDF, 13K)	11/14/2000
The information submitted and representations made are summarized as follows: Decedent's Will was executed on Date 1 and was drafted to take advantage of the unlimited marital deduction and the § 2010 exemption from Federal Estate tax so that no estate taxes would be due on his death.
200045003(PDF, 46K)	11/14/2000
Pursuant to your request, we have reviewed the summons that the Service proposes to issue to. We perceive no barrier to enforcing the proposed summons.
200045002(PDF, 49K)	11/14/2000
Issues: 1). Whether Corp X is entitled to the deductions claimed under Internal Revenue Code § 162 and § 467 with respect to lease payments incurred in a lease-in/lease (LILO) transaction. 2). Whether Corp X is entitled to deduct the interest accrued on the nonrecourse loan incurred to prepay the lease payments.
200045001(PDF, 12K)	11/14/2000
As we understand it, you are interested in our determining whether or not it is a violation of Internal Revenue Code § 6103 to provide notice copies of summonses, as required by I.R.C. § 7609(a), to any person to whom the records or testimony relates who is identified in the summons.

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2000 Chief Counsel'sWritten Determinations

2000 Chief Counsel's
Written Determinations