2001 Chief Counsel's
Written Determinations
200125000 to 200129999
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.
| 200129041(PDF, 57K) |
4/12/2002 |
| This is in reply to your letter of October 13, 2000, requesting a ruling concerning a proposed grant to a community trust which will be used to help construct a public library. |
| 200129040(PDF, 40K) |
4/12/2002 |
| This is in response to the August 21, 2000, and February 22, 2001, letters in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200129039(PDF, 37K) |
4/12/2002 |
| This is in response to a ruling request dated February 12, 2001, from your authorized representative, concerning the federal tax treatment under § 414(h)(2) of the Internal Revenue Code of certain contributions to repay previously withdrawn contributions or to purchase additional service credit under Plan X. |
| 200129038(PDF, 33K) |
4/12/2002 |
| This is in response to a request for a private letter ruling submitted on behalf of Employer M on December 21, 2000 and supplemented by additional correspondence submitted on April 17, 2001 concerning the federal income tax treatment of certain contributions to Plan N under § 414(h)(2) of the Internal Revenue Code . |
| 200129037(PDF, 25K) |
4/12/2002 |
| This is in response to a ruling request dated March 31, 2000, as supplemented by correspondence dated June 13, 2000, August 1, 2000, August 30, October 5, 2000, and March 13, 2001, from your authorized representative, concerning the pick up of certain employee contributions to Plan X under § 414(h)(2) of the Internal Revenue Code. |
| 200129036(PDF, 34K) |
4/12/2002 |
| This is in response to a request for letter rulings submitted on July 11, 2000, as supplemented by a letter dated February 8, 2001, concerning a rollover of funds from one individual retirement account into another individual retirement account under § 408(d)(3) of the Internal Revenue Code . |
| 200129035(PDF, 6.0K) |
7/20/2001 |
| This responds to your letter dated December 13, 2000, and subsequent correspondence, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200129034(PDF, 16K) |
7/20/2001 |
| This letter responds to your letter dated November 27, 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 "§ 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 (sometimes hereinafter referred to as the "Election"), on Date B. (All citations in this letter to regulations under § 338 are to regulations in effect on Date B.) |
| 200129033(PDF, 6.3K) |
7/20/2001 |
| This responds to a letter dated April 3, 2001, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200129032(PDF, 6.6K) |
7/20/2001 |
| This letter is in response to a request dated February 9, 2001, for a supplemental ruling with respect to a ruling letter dated January 27, 2000 (PLR-107127- 99, LTR 200017019), (the "Prior Letter"). The Prior Letter concerned a proposed transaction under §§ 355 and 368 (the "Distribution"). |
| 200129031(PDF, 9.1K) |
7/20/2001 |
| This letter responds to a letter dated December 15, 2000, and subsequent correspondence, submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200129030(PDF, 22K) |
7/20/2001 |
| This letter is in reply to your letter dated October 18, 2001 requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated January 3, 2001 and March 28, 2001. |
| 200129029(PDF, 88K) |
7/20/2001 |
| This responds to a letter dated December 15, 2000, submitted on your behalf by your authorized representative, in which rulings were requested regarding the federal income tax consequences of a proposed transaction. We received additional information in letters dated March 1, March 9, April 6, April 11, April 16, and April 17, 2001. |
| 200129028(PDF, 9.7K) |
7/20/2001 |
| This responds to your authorized representative's letter dated December 22, 2000 requesting relief under § 1362(b)(5) of the Internal Revenue Code and § 301.9100-3 of the Procedure and Administration Regulations. |
| 200129027(PDF, 5.7K) |
7/20/2001 |
| This responds to the letter dated September 30, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200129026(PDF, 10K) |
7/20/2001 |
| This responds to your authorized representative's letter dated December 14, 2000 requesting relief under § 1362(b)(5) of the Internal Revenue Code and § 301.9100-3 of the Procedure and Administration Regulations. |
| 200129025(PDF, 15K) |
7/20/2001 |
| This letter responds to the request, dated, and subsequent submissions, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer is seeking this revised schedule of ruling amounts because a commission having regulatory authority over Taxpayer has changed the date on which the Plant will no longer be in rate base for ratemaking purposes. Taxpayer was previously granted revised schedules of ruling amounts on. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200129024(PDF, 17K) |
7/20/2001 |
| This letter responds to your November 22, 2000 request for rulings on a significant federal income tax subissue present in a proposed transaction. See § 3.01(27) of Rev. Proc. 2000-3, 2000-1 I.R.B. 103, 107. Additional information was submitted in letters dated April 3, 2001 and April 14, 2001. The facts submitted for consideration are substantially as set forth below. |
| 200129023(PDF, 9.2K) |
7/20/2001 |
| We respond to your authorized representative's letter of November 7, 2000, requesting rulings regarding the tax treatment of a proposed transaction. Additional information was provided under her letter of April 5, 2001. The pertinent facts as described in the request are set forth below. |
| 200129022(PDF, 6.3K) |
7/20/2001 |
| This responds to a letter dated December 28, 2000, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200129021(PDF, 12K) |
7/20/2001 |
| This letter is in response to your request for a ruling that the gain by the taxpayer, X, from the sale of a significant portion of its business is excludible for purposes of computing the required payment under § 7519 of the Internal Revenue Code. |
| 200129020(PDF, 23K) |
7/20/2001 |
| This letter responds to the request of Taxpayer, dated December 21, 2000, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on September 8, 2000. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2). |
| 200129019(PDF, 23K) |
7/20/2001 |
| This letter responds to the request of Taxpayer, dated December 21, 2000, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on September 8, 2000. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2). |
| 200129018(PDF, 19K) |
7/20/2001 |
| This letter responds to your request for a ruling, dated May 31, 2000, regarding the application of § 6166 of the Internal Revenue Code to certain proposed transactions. Specifically, you have asked us to rule that the proposed transactions will not result in the acceleration of the payments of estate tax under § 6166(g). |
| 200129017(PDF, 6.2K) |
7/20/2001 |
| This is in reply to a letter dated December 20, 2000, submitted by X's authorized representative on behalf of X, requesting a ruling that X be given an extension of time to elect to be classified as a partnership for federal tax purposes. |
| 200129016(PDF, 8.7K) |
7/20/2001 |
| This is in response to a letter dated January 12, 2001, submitted by your authorized representative, requesting a ruling under § 162(m) of the Internal Revenue Code. Specifically, a ruling was requested that the deduction limitation of § 162(m) of the Code does not apply to Company A and its affiliates. |
| 200129015(PDF, 10K) |
7/20/2001 |
| This is in response to your letter dated September 20, 2000, and subsequent correspondence requesting a ruling on behalf of Transit. We have been requested to rule that income of Transit will be excluded from gross income under § 115 of the Internal Revenue Code. |
| 200129014(PDF, 11K) |
7/20/2001 |
| This is in reply to a request for a ruling to determine the federal employment tax status of the above-named Worker with respect to services provided to the Firm. The federal employment taxes are those imposed by the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), and the Collection of Income Tax at Source on Wages. |
| 200129013(PDF, 26K) |
7/20/2001 |
| This letter responds to the request of Taxpayer, dated June 26, 2000, and revised March 7, 2001, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on June 15, 1995. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2). |
| 200129012(PDF, 26K) |
7/20/2001 |
| This letter responds to the request of Taxpayer, dated June 26, 2000, and revised March 7, 2001, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on June 15, 1995. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2). |
| 200129011(PDF, 27K) |
7/20/2001 |
| Issue: Is the Internal Revenue Service precluded from asserting a penalty under Internal Revenue Code § 6700 against an attorney (bond counsel) who rendered false or fraudulent advice with respect to government mortgage revenue bonds if the Service decided not to pursue an audit to determine whether the bonds satisfied the requirements of § 103(a)? |
| 200129010(PDF, 34K) |
7/20/2001 |
| Issue: Whether the Service may consider in rejecting a taxpayer's offer in compromise that the taxpayer's non-liable spouse with whom he shares living expenses has submitted an affidavit stating that the taxpayer's entire income is used for their housing and utilities and that she pays the remainder, but has refused to provide her financial information. |
| 200129009(PDF, 31K) |
7/20/2001 |
| Issues: (1) Whether a portion of the interest expense incurred by Parent was incurred to purchase or carry tax-exempt securities under Internal Revenue Code § 265(a)(2), where the purpose of the loan was to provide its insurance subsidiary, whose business involved the holding of tax-exempt securities, with additional capital. (2) Whether I.R.C. § 265(a)(2) applies to disallow interest expenses to the consolidated group where Parent incurs the debt and a subsidiary holds the tax-exempt securities. |
| 200129008(PDF, 19K) |
7/20/2001 |
| Issues: (1) Whether § 530 applies on an entity by entity basis or on a consolidated basis for purposes of the substantive consistency test? (2) If § 530 applies on a consolidated basis, upon the tax-free combination of two consolidated groups, for purposes of the substantive consistency test, is a taxpayer required to maintain historically consistent classification practices based on those of the prior two consolidated groups or to adopt the classification practices of either the acquiring or acquired group? (3) How does utilization of a paying agent as provided by § 3504 for the remittance of employment taxes impact the answers to issues 1 and 2, if at all? |
| 200129007(PDF, 19K) |
7/20/2001 |
| This is in response to your letter dated October 13, 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. Additional information regarding your request has been submitted in subsequent letters dated January 11, March 12, March 28, and April 9, 2001. The information submitted for our review is summarized below. |
| 200129006(PDF, 8.5K) |
7/20/2001 |
| This responds to your letter of December 21, 2000, requesting a ruling supplementing the rulings previously issued in PLR-114567-97 (the "Original Letter Ruling") and PLR-118301-98 (the "Supplemental Ruling"). Additional information was submitted in letters dated January 8, January 19, and February 28, 2001. |
| 200129005(PDF, 15K) |
7/20/2001 |
| This letter responds to the request, dated, and subsequent submissions, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer is seeking this revised schedule of ruling amounts because a commission having regulatory authority over Taxpayer has changed the date on which the Plant will no longer be in rate base for ratemaking purposes. Taxpayer was previously granted revised schedules of ruling amounts on. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200129004(PDF, 9.1K) |
7/20/2001 |
| This is in reply to a request for a ruling to determine the work status for federal employment tax purposes of the above-named worker with respect to services she has performed for the firm since May 4, 2000. Federal employment taxes are those imposed by the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), and the Collection of Income Tax at Source on Wages. |
| 200129003(PDF, 57K) |
7/20/2001 |
| Issue: Whether Corporation X's treatment of bad debt losses for Tax Year 3 should be characterized as an unauthorized change in method of accounting? If not, does that automatically entitle Corporation X to the tax charge-offs claimed in that year. |
| 200129002(PDF, 76K) |
7/20/2001 |
| Issues: (1) May deductions for payments of self-insured workers' compensation liabilities generate a section172(f)(1)(B)1 specified liability loss? (2) May deductions for legal fees, and state filing fees and other transaction costs incurred in determining self-insured workers' compensation liabilities generate a § 172(f)(1)(B specified liability loss? (3) May deductions for payments to a qualified pension plan generate a § 172(f)(1)(B) specified liability loss? |
| 200129001(PDF, 20K) |
7/20/2001 |
| Issue: May the reduction in tax allowed by Internal Revenue Code § 1341(a)(5)(B) be taken into account in determining the amount of alternative minimum tax (AMT) a taxpayer is required to pay. |
| 200128061(PDF, 87K) |
4/12/2002 |
| This is in response to your request for a ruling dated November 9, 2000, submitted by your authorized representative concerning federal income tax consequences of the proposed conversion of Company A, a State M mutual holding company into a stock corporation and the related restructuring of the affiliated group of which Company A is the common parent. Correspondence dated February 27, 2001, April 3, 2001, supplemented the request. |
| 200128060(PDF, 32K) |
4/12/2002 |
| This letter is in response to a request for a private letter ruling dated and revised by your authorized representative, submitted on your behalf by your regarding the federal income tax treatment of certain contributions to Plan Y under § 414(h)(2) of the Internal Revenue Code. |
| 200128059(PDF, 47K) |
4/12/2002 |
| This letter responds to your attorney's letter dated September 19, 2000, and previous letters requesting rulings pertaining to a proposed merger of X and Y into Z, all three of which are organizations exempt from federal income tax under § 501 (a) of the Internal Revenue Code. |
| 200128058(PDF, 58K) |
4/12/2002 |
| In letters dated October 10, 2000, and February 13, 2001, you requested a ruling in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128057(PDF, 49K) |
4/12/2002 |
| This is in response to the letter filed by your authorized representative on your behalf, in which you request several letter rulings under § 402 of the Internal Revenue Code. |
| 200128056(PDF, 64K) |
4/12/2002 |
| This is in response to a request for a ruling, dated November 2, 2000, submitted by your authorized representative, concerning the tax consequences of a certain proposed rollover of the proceeds from an Individual Retirement Account ("IRA") following the death of Decedent. |
| 200128055(PDF, 42K) |
7/13/2001 |
| Issue: Whether the Service, as requested by taxpayers, should permit experts engaged by the Service to enter into nondisclosure and nonuse agreements with the taxpayers. |
| 200128054(PDF, 26K) |
7/13/2001 |
| Issues: (1) Can the Compliance Area Director accept an offer in compromise notwithstanding an opinion by the Associate Area Counsel (SB/SE) opposing acceptance of the offer? (2) Can the Compliance Area Director accept an offer in compromise if no grounds for compromise under § 301.7122-1T of the Treasury Regulations have been established? |
| 200128053(PDF, 14K) |
7/13/2001 |
| This Chief Counsel Advice responds to your facsimile dated March 22, 2001. Chief Counsel Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be used or cited as precedent. |
| 200128052(PDF, 7.5K) |
7/13/2001 |
| This responds to the letter dated November 9, 2000, and additional information submitted on behalf of X, requesting an extension of time pursuant to § 301.9100-3(a) of the Procedure and Administration Regulations to file an election under § 754 of the Internal Revenue Code. |
| 200128051(PDF, 22K) |
7/13/2001 |
| This letter responds to your November 14, 2000 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 200128050(PDF, 7.0K) |
7/13/2001 |
| This letter responds to a letter dated September 14, 2000, together with subsequent correspondence, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128049(PDF, 4.6K) |
7/13/2001 |
| This is in reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending December 31, to a taxable year ending September 30, effective September 30, 2000. 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. |
| 200128048(PDF, 7.0K) |
7/13/2001 |
| This letter responds to a letter dated September 14, 2000, together with subsequent correspondence, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128047(PDF, 7.5K) |
7/13/2001 |
| This letter responds to a letter dated September 14, 2000, together with subsequent correspondence, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128046(PDF, 6.9K) |
7/13/2001 |
| This letter responds to a letter dated September 14, 2000, together with subsequent correspondence, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128045(PDF, 5.0K) |
7/13/2001 |
| This letter responds to a letter, dated July 31, 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. |
| 200128044(PDF, 9.5K) |
7/13/2001 |
| This letter responds to a letter written by X's authorized representative on behalf of X, requesting a ruling that X's rental income from Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 200128043(PDF, 12K) |
7/13/2001 |
| This letter responds to your Authorized Representative's January 30, 2001 letter requesting an extension of time, under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations, to file a statement of allowed loss. 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 ("the Election"), with respect to the disposition of Target which occurred during its taxable year ending on Date A. Additional information was received in a letter dated February 26, 2001. |
| 200128042(PDF, 7.7K) |
7/13/2001 |
| This letter responds to a letter dated September 14, 2000, together with subsequent correspondence, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128041(PDF, 8.2K) |
7/13/2001 |
| This is in response to a letter dated February 25, 2001, submitted by A's authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of U.S. lawful permanent residence will 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. |
| 200128040(PDF, 50K) |
7/13/2001 |
| This Field Service Advice responds to your memorandum dated Nov. 8, 2000. In accordance with Internal Revenue Code § 6110(k)(3), this Chief Counsel Advice should not be cited as precedent. |
| 200128039(PDF, 13K) |
7/13/2001 |
| This letter responds to your October 30, 2000 request that we further supplement our letter ruling dated March 30, 1999 (PLR-121425-98) (the "Original Letter Ruling"), as supplemented by our letter rulings dated April 28, 1999 (PLR-107269- 99), July 5, 2000 (PLR-102442-00), July 20, 2000 (PLR-102440-00), August 2, 2000 (PLR-104655-00), September 22, 2000 (PLR-105635-00), and February 5, 2001 (PLR-115079-00) (together, the "Prior Letter Rulings"). Capitalized terms not defined in this letter retain the meanings assigned them in the Original Letter Ruling. |
| 200128038(PDF, 13K) |
7/13/2001 |
| This letter responds to your October 30, 2000 request that we further supplement our letter ruling dated March 30, 1999 (PLR-121425-98) (the "Original Letter Ruling"), as supplemented by our letter rulings dated April 28, 1999 (PLR-107269- 99) and July 18, 2000 (PLR-107939-00) (together, the "Prior Letter Rulings"). Capitalized terms not defined in this letter retain the meanings assigned them in the Original Letter Ruling. |
| 200128037(PDF, 59K) |
7/13/2001 |
| This Chief Counsel Advice responds to your memorandum dated December 18, 2000. In accordance with Internal Revenue Code § 6110(k)(3). This Chief Counsel Advice should not to be cited as precedent. |
| 200128036(PDF, 6.3K) |
7/13/2001 |
| This responds to a letter dated October 31, 2000, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200128035(PDF, 25K) |
7/13/2001 |
| This is in response to the April 6, 2001 letter and other correspondence requesting rulings concerning the generation-skipping transfer tax, income tax, and gift and estate tax consequences of the proposed division of the Trust. |
| 200128034(PDF, 9.0K) |
7/13/2001 |
| This responds to your letter dated November 30, 2000, and prior correspondence, submitted on behalf of A requesting an extension of time pursuant to §301.9100-3(a) of the Procedure and Administration Regulations to file an election to be treated as a partnership for Federal tax purposes under § 301.7701-3(c). |
| 200128033(PDF, 6.7K) |
7/13/2001 |
| This letter responds to your firm's December 11, 2000 request for a private letter ruling, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200128032(PDF, 9.1K) |
7/13/2001 |
| This responds to a letter dated January 4, 2001, submitted on behalf of X requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200128031(PDF, 23K) |
7/13/2001 |
| Issues: Whether the retroactive award of a partnership interest to Petitioner on D6, which was effective as of D5, requires Petitioner to include in income, for Year 6, the amounts of partnership income previously allocated to Petitioner's Former Wife for years subsequent to the effective date of the retroactive award. |
| 200128030(PDF, 9.1K) |
7/13/2001 |
| This responds to the letter dated December 29, 2000, submitted by your representative on behalf of A, requesting an extension of time pursuant to §301.9100-3(a) of the Procedure and Administration Regulations to elect to treat two subsidiaries as qualified subchapter S subsidiaries (Qsubs) under § 1361(b)(3) of the Code. |
| 200128029(PDF, 9.2K) |
7/13/2001 |
| This responds to your letter dated November 30, 2000, and prior correspondence, submitted on behalf of B requesting an extension of time pursuant to §301.9100-3(a) of the Procedure and Administration Regulations to file an election to be treated as a partnership for Federal tax purposes under § 301.7701-3(c). |
| 200128028(PDF, 6.0K) |
7/13/2001 |
| This responds to a letter dated January 20, 2001, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200128027(PDF, 8.7K) |
7/13/2001 |
| This is in response to a letter dated B, by A's authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of long-term resident status did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 200128026(PDF, 7.4K) |
7/13/2001 |
| This letter responds to a letter dated January 30, 2001, written on behalf of X, requesting a ruling, under § 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations, that X be granted an extension of time for making an election to be treated as an association taxable as a corporation for federal tax purposes. |
| 200128025(PDF, 9.6K) |
7/13/2001 |
| This letter responds to a letter from your authorized representative dated December 19, 2000, as well as subsequent correspondence, submitted on behalf of Company. We have been asked to rule 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. Company represents the following facts. |
| 200128024(PDF, 6.3K) |
7/13/2001 |
| This responds to a letter dated October 5, 2000, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200128023(PDF, 6.0K) |
7/13/2001 |
| This responds to a letter dated October 16, 2000, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200128022(PDF, 8.5K) |
7/13/2001 |
| This is in response to a letter dated B, by A's authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of long-term resident status did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 200128021(PDF, 9.4K) |
7/13/2001 |
| This is in response to your letter dated November 22, 2000, and prior correspondence, requesting a ruling that certain property is excluded from Decedent's gross estate for federal estate tax purposes. |
| 200128020(PDF, 16K) |
7/13/2001 |
| This letter responds to the request submitted on behalf of Taxpayer for a single-year schedule of ruling amounts for Commission A and a revised schedule of ruling amounts for Commission B in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a schedule of ruling amounts for Commission B on. As set forth below, we are denying your proposed schedule of ruling amounts for Commission A. We are approving the proposed revised schedule of ruling amounts for Commission B. |
| 200128019(PDF, 5.9K) |
7/13/2001 |
| This responds to the letter dated November 22, 2000, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200128018(PDF, 19K) |
7/13/2001 |
| This is in response to a request for a ruling concerning whether amounts received by nurses with respect to services performed for the Board are subject to taxes under the Federal Insurance Contributions Act (FICA). |
| 200128017(PDF, 5.8K) |
7/13/2001 |
| This letter responds to a letter dated November 28, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. |
| 200128016(PDF, 26K) |
7/13/2001 |
| This letter responds to the request of Taxpayer, dated June 26, 2000, and revised March 7, 2001, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on June 15, 1995. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2). |
| 200128015(PDF, 13K) |
7/13/2001 |
| This letter responds to your authorized representative's letter dated December 5, 2000, in which rulings were requested as to certain federal income tax consequences of a proposed transaction. |
| 200128014(PDF, 35K) |
7/13/2001 |
| Issue: Whether any of the anti-avoidance rules of the consolidated return regulations should be applied with respect to the loss described below? |
| 200128013(PDF, 35K) |
7/13/2001 |
| Issue: Whether research that Taxpayer performed on various research projects is "funded" under Internal Revenue Code § 41(d)(4)(H) where Taxpayer is reimbursed by its customers for expenditures attributable to such research regardless of the outcome of the research. |
| 200128012(PDF, 16K) |
7/13/2001 |
| This letter responds to your letter dated December 1, 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 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 (sometimes hereinafter referred to as the "Election"), on Date B. (All citations in this letter to regulations under § 338 are to regulations in effect on Date B.) |
| 200128011(PDF, 49K) |
7/13/2001 |
| Issues: (1) Whether the Service should challenge the income tax results in this case, in which a domestic subchapter S corporation (USCorp) made export sales through a foreign sales corporation (FSC A) owned in equal shares by four individual retirement accounts (IRAs) established for the benefit of the four individual shareholders of USCorp (the majority owner and his three minor children). (2) Whether the transactions in this case result in a taxable gift under the gift tax provisions contained in Chapter 12 of Title 26 of the Internal Revenue Code, § 2501-2524. |
| 200128010(PDF, 13K) |
7/13/2001 |
| This letter responds to the request submitted on behalf of Taxpayer by its authorized representative, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts for Commission B on. This revised schedule has been requested because the ten-year effective period of the prior letter has expired. In a private letter ruling dated, the Service agreed to treat Taxpayer's request for a revised schedule of ruling amounts as timely filed. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200128009(PDF, 14K) |
7/13/2001 |
| This letter responds to the request, dated December 1, 2000, submitted on behalf of Taxpayer by its authorized representative, for a revised schedule of ruling amounts in accordance with § 1.468A-3(i) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts for Commission B on. In a private letter ruling dated, the Service agreed to treat Taxpayer's request for a revised schedule of ruling amounts as timely filed. This revised schedule has been requested because the ten-year effective period of the prior letter has expired. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200128008(PDF, 16K) |
7/13/2001 |
| This letter responds to your letter dated December 1, 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 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 (sometimes hereinafter referred to as the "Election"), on Date B. (All citations in this letter to regulations under § 338 are to regulations in effect on Date B.) |
| 200128007(PDF, 74K) |
7/13/2001 |
| Issues: (1) Whether Corp A is entitled to the deductions claimed under Internal Revenue Code § 162 and § 467 for lease payments and other expenses incurred in the Lease in / Lease out (LILO) transaction described. (2) Whether Corp A is entitled to deduct the interest "paid" on the nonrecourse loan incurred for the Head lease prepayment. (3) Whether Corp A must report the rental income and interest income accrued in the LILO transaction. |
| 200128006(PDF, 23K) |
7/13/2001 |
| This responds to your request for a ruling submitted in a letter dated November 6, 2000, 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" of X. |
| 200128005(PDF, 20K) |
7/13/2001 |
| Issue: Does an amount transferred directly to a municipality, resulting from a settlement of a controversy relating to a decedent's will and trust, qualify for a charitable deduction under § 2055(a)(1) of the Internal Revenue Code? |
| 200128004(PDF, 16K) |
7/13/2001 |
| Issue: Whether arms sales commission payments are not deductible, pursuant to the provisions of Internal Revenue Code § 162(c)(2), because such payments are considered to be "essential elements" of criminal offenses. |
| 200128003(PDF, 39K) |
7/13/2001 |
| Issues: (1) Was X eligible to use Notice 88-92, 1988-2 C.B. 416, (an automatic consent procedure for changes in accounting method that were made in order to comply with the requirements of § 263A of the Internal Revenue Code) as the basis for beginning to include the cost of federal excise taxes on B in its dollar-value LIFO (last-in, first-out) inventory computations? (2) If X was required to change its method of accounting in order to include the cost of federal excise taxes on B in its dollar-value LIFO inventory computations, does the floor stocks tax on certain B held by X on Date 1 have to be taken into account when computing the value of X's LIFO inventory cost layers (rather than taking into account only the excise tax originally applicable in the years to which those layers relate)? (3) Does the increase in the federal excise tax rate on B from C to D on Date 1 require X to treat B with respect to which the higher excise tax rate was imposed as a new item in its double-extension, dollar-value LIFO inventory calculation, different from comparable B in preceding years with respect to which only a C excise tax rate was imposed? |
| 200128002(PDF, 10K) |
7/13/2001 |
| This is in response to a request submitted by the Authority for an extension of time under § 301.9100-1 of the Procedure and Administrative Regulations to file Form 8328 in order to make a carryforward election under § 146(f) of the Internal Revenue Code. |
| 200128001(PDF, 28K) |
7/13/2001 |
| Issues: (1) the treatment of Class R5a on page 7 of the plan; (2) the Class R6 claims; (3) the Approval of the Stock Incentive Plan on page 48; (4) the treatment of the stock group of debtors on page 51; (5) the scheme outlined under § VII on pages 51-58 to convert the Company's assets to a liquidating trust; (6) whether § VII creates a need to obtain and review the Committee Settlement Agreement; (7) the consequences of issuing stock to satisfy claims as proposed in § X-F on page 66 and any attendant valuation problems; (8) the consequence of issuing debt to satisfy claims in § X-G on page 67; and (9) the propriety of the Tax Reporting provisions on page 74. |
| 200127056(PDF, 18K) |
4/12/2002 |
| This letter constitutes notice that with respect to the above-named defined benefit pension plan we have granted a conditional waiver of the minimum funding standard for the plan year ending December 31, 2000. |
| 200127055(PDF, 55K) |
4/12/2002 |
| This is in response to the letter filed by your authorized representative on your behalf, as supplemented by correspondence dated March 12, 2001, in which you request several letter rulings under § 401 and 402 of the Internal Revenue Code. |
| 200127054(PDF, 40K) |
4/12/2002 |
| This is in response to your request for a ruling dated January 12, 2001, submitted by your authorized representative in which you request a ruling for an extension of the go-day period in which the trustee of Plan X may use the cash proceeds from a tender of shares of Corporation B common stock ("Stock M") pursuant to an exchange offer and merger, to purchase shares of Stock N for purposes of the net unrealized appreciation rules under § 402(e)(4) and 402(j) of the Internal Revenue Code. |
| 200127053(PDF, 54K) |
4/12/2002 |
| This is in response to a request for rulings submitted May 25, 2000, in which your authorized representative requests rulings concerning the ability of Plan X to make distributions to former participants of the plan. |
| 200127052(PDF, 75K) |
4/12/2002 |
| This is in reply to your request for rulings as to the consequences of the sale of your assets on your exempt status under § 501(c)(3) of the Internal Revenue Code and as other than a private foundation under § 509(a)(l) and 170(b)(l)(A)(iii) of the Code. |
| 200127051(PDF, 40K) |
4/12/2002 |
| This is in response to your letter dated December 12, 2000, in which you requested certain rulings with respect to a proposed transfer of all of the assets of B to C. |
| 200127050(PDF, 22K) |
4/12/2002 |
| This is in reference to your letter dated September 12, 2000, requesting advance approval of your grant procedures under § 4945(g)(l) of the Internal Revenue Code. |
| 200127049(PDF, 62K) |
4/12/2002 |
| This letter is in reply to a request for a letter ruling dated February 5, 1999, as supplemented by submissions of September 17, 1999, November 9, 1999, March 14, 2000, November 2, 2000, February 8, 2001, and April 4, 2001, made on your behalf concerning the federal tax treatment of certain contributions made to Plan Y under § 414(h) (2) of the Internal Revenue Code . |
| 200127048(PDF, 147K) |
4/12/2002 |
| This is in reference to your letter dated July 27, 2000, requesting advance approval of your grant procedures under § 4945(g)(l) of the Internal Revenue Code. |
| 200127047(PDF, 134K) |
4/12/2002 |
| This is in response to your request (dated December 30, 1997) for a ruling regarding the above-named trust (the "Trust"). Specifically, you asked that we rule as to whether the Trust satisfies certain requirements under § 419A(f)(6) of the Internal Revenue Code . |
| 200127046(PDF, 144K) |
7/6/2001 |
| The Tax Lien Act, Internal Revenue Code § 6323, does not control the determination of claim priority when the Government has a judgment under I.R.C. § 6332(d) against a person who failed or refused to honor a levy, the Ninth CInternal Revenue Codeuit held in Law Offices of Jonathan A. Stein v. Cadle Company, 2001 U.S. App. LEXIS 8723 (9 th Cir. May 10, 2001). |
| 200127045(PDF, 26K) |
7/6/2001 |
| Issues: (1) Whether a Form 1040, on which the taxpayer enters the number 0 for every line of the return except the amount of tax withheld, the amount of the overpayment and the amount to be refunded, and includes attachments which protest the Constitutionality of the requirement that he pay federal income tax, constitutes a valid income tax return. (2) Whether, when the taxpayer does not obliterate any words of the jurat, but stamps above the jurat the language, "Without prejudice U.C.C. 1-207," such language has altered the jurat, thereby affecting the validity of the return. |
| 200127044(PDF, 14K) |
7/6/2001 |
| Issue: Whether private business contributions received prior to the issuance of bonds can be qualified contributions that count toward the private business contribution requirement for purposes of issuing qualified zone academy bonds under § 1397E(d)(2). |
| 200127043(PDF, 12K) |
7/6/2001 |
| This is in response to your request for advice regarding the assessment of penalties under § 6721 of the Internal Revenue Code. Specifically, your questions were as follows: |
| 200127042(PDF, 17K) |
7/6/2001 |
| This is in response to your letter dated January 19, 2001 requesting rulings concerning the application of the federal estate tax to Trust. |
| 200127041(PDF, 17K) |
7/6/2001 |
| This letter is in response to your request for a private letter ruling concerning the application of § 265(a)(1) of the Internal Revenue Code to deductions claimed by H and W for home mortgage interest, State income taxes, real property taxes, and investment interest. |
| 200127040(PDF, 14K) |
7/6/2001 |
| This letter responds to your request for a letter ruling regarding the taxation of a payment you will receive from X. You request a ruling that the payment will not be includible in your gross income. |
| 200127039(PDF, 11K) |
7/6/2001 |
| This is in response to a private letter ruling request dated January 8, 2001 submitted by your authorized representative on your behalf. Specifically, you have requested a ruling that $y ("Payment") to be paid to you by Former Spouse pursuant to a Proposed Stipulation is not alimony includible as income to you, as Taxpayer, under § 71 of the Internal Revenue Code of 1986. The following facts and representations are relevant. |
| 200127038(PDF, 26K) |
7/6/2001 |
| We received a letter and several subsequent submissions requesting rulings on behalf of Decedent's Trust and Decedent's Estate concerning the transfer tax consequences of a proposed settlement agreement. This letter responds to that request. |
| 200127037(PDF, 51K) |
7/6/2001 |
| This is in response to your authorized representative's letter of September 28, 2000, requesting a ruling concerning the income, estate, gift, and generation-skipping transfer tax consequences of a proposed division of a trust (Trust) under Agreement 4. |
| 200127035(PDF, 17K) |
7/6/2001 |
| This letter responds to a letter dated September 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. Purchaser 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 (sometimes hereinafter referred to as the "Election"), on Date A. (All citations in this letter to regulations under § 338 are to regulations in effect on Date A.) |
| 200127034(PDF, 4.9K) |
7/6/2001 |
| This is in response to a ruling request submitted on behalf of Taxpayer, as amended by Taxpayer on September 20, 2000. The amended request has been further supplemented by additional documentation and correspondence. Taxpayer requests a ruling that its income is excludible from gross income for federal income tax purposes under § 115(1) of the Internal Revenue Code. |
| 200127033(PDF, 12K) |
7/6/2001 |
| This is in response to a ruling request submitted on behalf of Taxpayer, as amended by Taxpayer on September 20, 2000. The amended request has been further supplemented by additional documentation and correspondence. Taxpayer requests a ruling that its income is excludible from gross income for federal income tax purposes under § 115(1) of the Internal Revenue Code. |
| 200127032(PDF, 6.5K) |
7/6/2001 |
| This letter responds to a letter dated November 29, 2000, submitted on behalf of Company, requesting a ruling under Internal Revenue Code § 1362(b)(5). FACTS |
| 200127031(PDF, 22K) |
7/6/2001 |
| This letter responds to your letter dated November 3, 2000, submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200127030(PDF, 6.1K) |
7/6/2001 |
| This letter responds to your letter dated November 3, 2000, submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200127029(PDF, 5.0K) |
7/6/2001 |
| This letter responds to a letter January 10, 2001, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200127028(PDF, 5.9K) |
7/6/2001 |
| This is in response to a letter dated March 9, 2000, and subsequent correspondence, requesting rulings regarding the federal gift, estate, and income tax consequences of the settlement of a will contest. |
| 200127027(PDF, 32K) |
7/6/2001 |
| This is in response to a letter dated March 9, 2000, and subsequent correspondence, requesting rulings regarding the federal gift, estate, and income tax consequences of the settlement of a will contest. |
| 200127026(PDF, 5.6K) |
7/6/2001 |
| This responds to a letter dated February 2, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200127025(PDF, 6.2K) |
7/6/2001 |
| This letter responds to the ruling request dated January 12, 2001, which you submitted on behalf of X, and which requests relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200127024(PDF, 15K) |
7/6/2001 |
| This is in reply to a letter dated December 1, 2000, and subsequent correspondence, submitted by your authorized representative requesting a ruling on behalf of Trust A. The requested ruling is that Trust A's allocable share of a payment received by Partnership A under a Termination Agreement, described below, and pursuant to a Merger Agreement, described below, is not includible in Trust A's gross income for purposes of determining whether Trust A has satisfied the gross income tests of §§ 856(c)(2) and (c)(3) of the Internal Revenue Code. |
| 200127023(PDF, 10K) |
7/6/2001 |
| This is in reply to your letter dated March 30, 2000, and subsequent correspondence, submitted on behalf of A, requesting certain rulings concerning the proposed termination of Trust. |
| 200127022(PDF, 25K) |
7/6/2001 |
| This is in response to your letter dated February 28, 2000, on behalf of Chapter 7 Bankruptcy Estate, requesting a ruling on the proper tax treatment of certain interim or final claims paid under §§ 1398 and 162 of the Internal Revenue Code. |
| 200127021(PDF, 5.4K) |
7/6/2001 |
| This responds to a letter dated January 23, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200127020(PDF, 18K) |
7/6/2001 |
| This is in response to a letter dated December 6, 2000, submitted by your authorized representative, requesting an extension of time to make a joint election pursuant to §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations. Additional information was submitted in a letter dated March 26, 2001. Purchaser and Seller's Parent request an extension to file a "§ 338(h)(10) election" pursuant to § 338(h)(10) of the Internal Revenue Code and § 1.338(h)(10)-1(d) of the Income Tax Regulations (the "Election"), regarding Purchaser's acquisition of Target on Date A. All citations in this letter to regulations under § 338 are to the regulations as in effect for Date A. |
| 200127019(PDF, 8.3K) |
7/6/2001 |
| This responds to the letter dated September 14, 2000, submitted on behalf of X, requesting an extension of time under § 301.900 of the Procedure and Administration Regulations to elect to treat Y as a qualified subchapter S subsidiary for federal tax purposes. |
| 200127018(PDF, 10K) |
7/6/2001 |
| This responds to the letter dated November 15, 2000, and additional information submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200127017(PDF, 5.9K) |
7/6/2001 |
| This responds to the letter dated July 17, 2000, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200127016(PDF, 4.9K) |
7/6/2001 |
| This letter responds to a letter and subsequent correspondence, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200127015(PDF, 10K) |
7/6/2001 |
| This letter responds to a letter dated November 7, 2000, submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200127014(PDF, 5.9K) |
7/6/2001 |
| This letter responds to your representative's letter, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200127013(PDF, 4.9K) |
7/6/2001 |
| This letter responds to a letter, dated June 18, 1999, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200127012(PDF, 35K) |
7/6/2001 |
| This letter responds to your letter dated November 10, 2000, and subsequent correspondence, written on behalf of Corporation and Trust 2, requesting rulings on several issues arising from the establishment, funding and potential termination of Trust 2. |
| 200127011(PDF, 23K) |
7/6/2001 |
| This is in response to your letter dated June 21, 2000, as supplemented by your letters dated November 3, 2000, December 18, 2000, December 28, 2000, and February 1, 2001, requesting a ruling that the Corp A consolidated group be permitted to take into account under § 905(c) the payment of additional Country X income taxes in respect of Corp B that are expected to be assessed after Corp B has been liquidated. |
| 200127010(PDF, 30K) |
7/6/2001 |
| Issue: Whether the Service can, pursuant to Taxpayer's duty of consistency, reduce in a year under examination Taxpayer's foreign subsidiary's post-1986 foreign income taxes pool by the amount of an indirect foreign tax credit erroneously claimed by Taxpayer in a year closed by the statute of limitations. |
| 200127009(PDF, 18K) |
7/6/2001 |
| Issue: Whether the Internal Revenue Service can accept an offer in compromise submitted by one of the general partners to compromise his individual, derivative share of the employment tax obligations of the partnership. |
| 200127008(PDF, 29K) |
7/6/2001 |
| Issues: (1) Whether the common parent of a consolidated group filed an income tax return for the Year 4 consolidated year sufficient to start the running of the period of limitations on assessment for the consolidated group where the common parent erroneously filed a short-year consolidated return and a short-year separate return (A consolidated return for the entire year was required under the consolidated return regulations). (2) Whether the issuance of a notice of deficiency to the bankrupt parent of a consolidated group, which suspends the running of the period of limitations on assessment of the common parent while in bankruptcy, also suspends the period of limitations for the non-bankrupt members of the consolidated group. (3) Whether the bankruptcy of the common parent of a consolidated group affects the validity of the consents or the power of attorney to sign those consents. |
| 200127007(PDF, 26K) |
7/6/2001 |
| This is in response to your letter, dated November 28, 2000, in which you requested rulings that proposed disclaimers of the benefit conferred by the waiver in Decedent's will of the right of recovery under § 2207A of the Internal Revenue Code will constitute qualified disclaimers under § 2518, and that the value of any increase in the interest in property passing to Foundation as a result of the proposed disclaimers will qualify for a charitable deduction under § 2055(a). |
| 200127006(PDF, 11K) |
7/6/2001 |
| This is in reply to a letter dated November 15, 2000, and subsequent correspondence, submitted on behalf of Company A by its authorized representative requesting a ruling concerning whether § 162(m) of the Internal Revenue Code will apply to options issued when Company A was a private company. |
| 200127005(PDF, 52K) |
7/6/2001 |
| Issue: Whether Corporation A's purported assignments of inter-company receivables of FC3 to FC2, to offset its overaged intercompany payable owed to FC2, must be respected for purposes of determining whether FC2 holds United States property under § 956? |
| 200127004(PDF, 50K) |
7/6/2001 |
| Issues: (1) Whether rig welders who performed services for Company were common law employees of Company. (2) If the rig welders were common law employees of Company, whether payments by Company to the rig welders characterized as "rig rentals" were payments made under an arrangement separate from the employment relationship. (3) If the rig rental arrangement was in connection with the employment relationship, whether the payments were excludable from wages as payments made under an accountable plan. |
| 200127003(PDF, 15K) |
7/6/2001 |
| Issues: (1) Whether an extension of the statute of limitations for collection until is valid, given that: a) the extension is for more than five years for one of the tax periods at issue; and b) the extension was signed by the Service on March 24, 1998. (2) If the extension of the statute of limitations is valid, whether a related installment agreement, approved by the Service on March 31, 1998, is also valid. |
| 200127002(PDF, 6.3K) |
7/6/2001 |
| This letter responds to the ruling request dated January 25, 2001, which was submitted by your representative on behalf of X, and which requests relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200127001(PDF, 24K) |
7/6/2001 |
| Issue: Do insurance proceeds received on fire damages to property held under a leasehold interest qualify for deferral under Internal Revenue Code. § 1033 when the proceeds are reinvested in the acquisition of a new building held in fee simple? |
| 200126042(PDF, 85K) |
4/12/2002 |
| This letter is in reply to a request for a letter ruling dated November 16, 1998, as supplemented by submissions of May 19, 1999, September 16, 1999, November 9, 1999, March 14, 2000, April 27, 2000, November 2, 2000, and April 4, 2001, made on your behalf, concerning the federal tax treatment of certain contributions made to Plan X under § 414(h) (2) of the Internal Revenue Code. |
| 200126041(PDF, 60K) |
4/12/2002 |
| This is in response to a ruling request dated October 24, 2000, submitted on your behalf by your authorized representative, regarding the federal tax treatment of certain transactions described below. |
| 200126040(PDF, 54K) |
4/12/2002 |
| This is in response to the letter, submitted by your authorized representative on your behalf in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200126039(PDF, 60K) |
4/12/2002 |
| This is in response to your letter in which you request a letter ruling under § 401(a) (9) of the Internal Revenue Code. |
| 200126038(PDF, 134K) |
4/12/2002 |
| This is in response to the request for letter rulings submitted on your behalf by your authorized representative, as supplemented by correspondence dated |
| 200126037(PDF, 30K) |
4/12/2002 |
| This is in response to a ruling request submitted on your behalf by your authorized representative in a letter dated November 28, 2000, as supplemented by a communication of March 16, 2001, concerning disability and the application of the early distribution tax of § 72(t) of the Internal Revenue Code |
| 200126036(PDF, 53K) |
4/12/2002 |
| This is in response to the request for letter rulings submitted on your behalf by your authorized representative, as supplemented by correspondence dated |
| 200126035(PDF, 32K) |
4/12/2002 |
| This is in reply to your letter of June 20, 2000, concerning the reversion of X's assets to you as the sponsoring employer of a welfare benefit plan. |
| 200126034(PDF, 34K) |
4/12/2002 |
| This is in reply to your letter of June 20, 2000, concerning the reversion of your assets to your sponsoring employer. |
| 200126033(PDF, 65K) |
4/12/2002 |
| This is in reply to your letter of August 2, 1999, as modified by your letters of November 16, 2000, and February 16, 2001, requesting various rulings concerning your proposed establishment of a facility for the care of cats. |
| 200126032(PDF, 138K) |
4/12/2002 |
| Issues: (1) Is the entity known as X a "corporation" as that term is construed within Internal Revenue Code § 6621 for purposes of determining the applicable interest rate on overpayments for interest computations performed for periods after December 31, 1994 (the "corporate overpayment interest rates")? (2) In the case of an entity subject to the unrelated business income tax imposed under § 511 (a) of the Code, do the corporate overpayment rates apply to employment tax refunds when the employment services to which the refunds relate are not performed within the scope of any unrelated trade or business? (3) What relevancy does the fact that files Form 990-T have, or not have, as to the applicability of the corporate overpayment interest rates on refunds of employment or other non-income type taxes? (4) If as result of this technical advice request, 3 is determined to be subject to the corporate overpayment interest rates, what remedies (appeal rights) are available to 5 if it does not agree with this conclusion? |
| 200126031(PDF, 24K) |
7/1/2001 |
| This memorandum responds to your February 21, 2001, request for advice on the Interplay of Bankruptcy and Fuel Excise Tax Provisions. |
| 200126030(PDF, 15K) |
7/1/2001 |
| Issue: May a taxpayer who is an "eligible individual," as defined in § 32(c)(1)(A) of the Internal Revenue Code, for a taxable year and who otherwise meets the requirements of § 32, but who does not have a social security number (SSN) that meets the requirements of § 32(m) during the taxable year claim the EIC for the taxable year if the taxpayer is issued an SSN that meets the requirements of § 32(m) after the close of the taxable year? |
| 200126029(PDF, 5.0K) |
7/1/2001 |
| This letter responds to your letter, dated September 18, 2000, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200126028(PDF, 16K) |
7/1/2001 |
| This is in response to a letter dated October 31, 2000, in which rulings are requested regarding the federal income tax consequences of a proposed transaction. The information submitted in the request and in subsequent correspondence is summarized below. |
| 200126027(PDF, 5.4K) |
7/1/2001 |
| This is in reply to a letter dated August 22, 2000, submitted by X's authorized representative on behalf of X, requesting that X be given an extension of time in which to make an election under § 754 of the Internal Revenue Code. |
| 200126026(PDF, 11K) |
7/1/2001 |
| We received your letter, dated November 28, 2000, and subsequent correspondence, requesting a ruling that Property meets the requirements of a personal residence under § 2702 of the Internal Revenue Code and § 25.2702-5(c)(2)(i)(B) of the Gift Tax Regulations. |
| 200126025(PDF, 16K) |
7/1/2001 |
| This responds to a letter dated November 6, 2001, requesting an extension of time, under §§ 301.9100-1and 301.9100-3 of the Procedure and Administration Regulations, for Purchaser and Seller to make 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 the acquisition of Target on Date A. (All citations in this letter to regulations under § 338 are to regulations in effect on Date A.) |
| 200126024(PDF, 9.6K) |
7/1/2001 |
| This is in response to a letter written by A of your office on behalf of B and dated March 3, 2000, forwarding B's request for a ruling under § 877(c) of the Internal Revenue Code of 1986 (the "Code") that B's loss of permanent 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. |
| 200126023(PDF, 19K) |
7/1/2001 |
| This responds to your authorized representative's letter dated October 4, 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. Purchaser and Parent (as the common parent of the consolidated group of which Seller is a member) 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 (sometimes hereinafter referred to as the "Election"), on Date A. (All citations in this letter to regulations under § 338 are to regulations in effect on Date A.) |
| 200126022(PDF, 17K) |
7/1/2001 |
| This responds to your authorized representative's letter dated September 7, 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 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 with respect to Purchaser's acquisition of the stock of Target (the "Election") on Date B. All citations in this letter to regulations under § 338 are to the regulations as in effect on Date B. |
| 200126021(PDF, 6.3K) |
7/1/2001 |
| This letter responds to a letter from dated November 13, 2000, submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code regarding Company's late S corporation election. Company represents the following facts. |
| 200126020(PDF, 6.2K) |
7/1/2001 |
| This letter responds to the ruling request dated November 8, 2000, which you submitted on behalf of X, and which requests relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200126019(PDF, 29K) |
7/1/2001 |
| Issue: Whether Internal Revenue Code. § 6501(c)(1) applies to the commission of fraud with intent to evade tax in the preparation of a return by the agent of a taxpayer? |
| 200126018(PDF, 25K) |
7/1/2001 |
| Issue: Whether Taxpayer is entitled to a current deduction for costs incurred to defend and ultimately settle a class action lawsuit by purchasers of Subsidiary's stock in the initial public offering (IPO) of that stock. |
| 200126017(PDF, 7.6K) |
7/1/2001 |
| This letter responds to your letter dated June 21, 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 D1. |
| 200126016(PDF, 61K) |
7/1/2001 |
| Issues: (1) Whether a principal purpose for A's expatriation on Date 4 was the avoidance of U.S. taxes for purposes of Internal Revenue Code. § 877. (2) Whether I.R.C.. § 351 does not apply to the transfer on Date 5 by A of stock of USCo to FCo in exchange for FCo stock because it was not undertaken for a valid business purpose, thereby permitting the transfer of such stock to be taxable as a sale or exchange under I.R.C.. § 877(c)(2), as in effect on Date 5. |
| 200126015(PDF, 30K) |
7/1/2001 |
| Issue: Whether a taxpayer that qualifies for the benefits of both § 936 and the foreign sales corporation (FSC) provisions may apply the profit split provisions of § 936 first and then apply the FSC provisions. |
| 200126014(PDF, 49K) |
7/1/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 4, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200126013(PDF, 19K) |
7/1/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200126012(PDF, 17K) |
7/1/2001 |
| This letter is in reply to a letter dated December 15, 2000, requesting that we supplement our prior ruling letter dated August 2, 2000 (PLR-103080-00), published as PLR-200044017 (the "Prior Letter Ruling"). Additional information was provided in letters dated January 26, 2001, February 12, 2001, February 22, 2001, March 1, 2001, March 16, 2001, and March 20, 2001. Except as noted herein, the capitalized terms, the facts, the description of the Proposed Transaction, and the representations in the Prior Letter Ruling are still valid. |
| 200126011(PDF, 49K) |
7/1/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of the Buyer, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200126010(PDF, 22K) |
7/1/2001 |
| Issues: (1) Was Taxpayer eligible for § 1033(a) involuntary conversion treatment of the settlement proceeds? (2) What were the beginning and ending dates for the initial replacement period for the converted property under § 1033(a)(2)(B)(i)? (3) What is an appropriate extension of the replacement period under § 1033(a)(2)(B)(ii)? |
| 200126009(PDF, 4.1K) |
7/1/2001 |
| This constitutes our response to your request for comments on your draft memorandum regarding a taxpayer's request for forgiveness of a future tax liability. (the taxpayer), which does business in, wrote to the Commissioner requesting that its payroll tax liability for an upcoming six-month period be forgiven in part because an agency which handled payroll taxes for the taxpayer between and was convicted of embezzling the funds, a situation which has forced the taxpayer to struggle financially ever since. |
| 200126008(PDF, 53K) |
7/1/2001 |
| Issues: (1) Whether the Payment made by Taxpayer to the State Treasury is deductible under § 162 of the Internal Revenue Code as an ordinary and necessary business expense. (2) If the Payment is not deductible under § 162, whether the Payment is deductible as a tax under § 164. (3) Whether the Payment was incurred in Year 14 for purposes of § 461 and the regulations there under. |
| 200126007(PDF, 53K) |
7/1/2001 |
| Issue: Whether two 1995 multi-party exchange transactions to which the Taxpayer was party will be denied §1031 non-recognition treatment as exchanges which were part of a transaction (or series of transactions) structured to avoid the purposes of §1031(f). |
| 200126006(PDF, 9.4K) |
7/1/2001 |
| This letter is in response to your request on behalf of the Authority for a ruling that the acting governor of the State may be treated as the applicable elected representative for the purpose of satisfying the public approval requirement of § 147(f) of the Internal Revenue Code. |
| 200126005(PDF, 20K) |
7/1/2001 |
| Issue: Is the transferee of a Colorado conservation easement credit entitled to a deduction for state taxes under § 164? |
| 200126004(PDF, 3.9K) |
7/1/2001 |
| This is in reply to a request for a ruling to determine the federal employment tax status of the above-named worker with respect to services she performed for the firm for the period from October 12, 1999 to September 30, 2000. The federal employment taxes are those imposed by the Federal Insurance Contributions Act (FICA), the Federal Unemployment Tax Act (FUTA), and the Collection of Income Tax at Source on Wages. |
| 200126003(PDF, 25K) |
7/1/2001 |
| Issue: Whether the bankruptcy court's final decree closing the Chapter 11 bankruptcy case concluded or terminated the bankruptcy proceeding so that the Internal Revenue Service may process an offer in compromise of prepetition |
| 200126002(PDF, 13K) |
7/1/2001 |
| Issue: Are self-unloading automobile semi-trailer bodies (bodies) sold by Taxpayer exempt from the retailers tax on semi-trailer bodies imposed by § 4051 of the Internal Revenue Code by virtue of the exemption from tax provided by § 4053(2)? |
| 200126001(PDF, 49K) |
7/1/2001 |
| Issue: Whether the temporary existence of transitory corporation Acquisition can be disregarded for tax purposes and result in ignoring Acquisition's liabilities assumed by Target. |
| 200125096(PDF, 28K) |
4/12/2002 |
| We are responding to your letter asking whether you are in compliance with § 1.514 of the income Tax Regulations regarding the neighborhood land rule. |
| 200125095(PDF, 82K) |
4/12/2002 |
| This is in response to a ruling request dated November 23, 1999, submitted on your behalf by your authorized representative, with respect to the applicability of § 414(e) of the Internal Revenue Code to Plan X. |
| 200125094(PDF, 31K) |
4/12/2002 |
| This is in response to a request for a ruling letter submitted on your behalf by your authorized representative on October 18, 2000, as supplemented by letters dated January 31, 2001 and March 15, 2001. This request concerns the consequences under § 401(k)(4)(B) of the Internal Revenue Code of adopting Plan P and extending Plan P to additional governmental entities related to City M. |
| 200125093(PDF, 63K) |
4/12/2002 |
| This refers to your letter dated September 29, 2000, as supplemented by correspondence dated November 28, 2000, in which you and v request certain rulings in connection with a proposed transaction under § 507, 4941, 4942, and 4945 of the Internal Revenue Code. |
| 200125092(PDF, 66K) |
4/12/2002 |
| This refers to your letter dated September 29, 2000 in which you and requested certain rulings in connection with a proposed transaction under § 507, 4941, 4942, and 4945 of the Internal Revenue Code. |
| 200125091(PDF, 7.7K) |
6/22/2001 |
| This letter responds to your letter dated August 28,2000, and subsequent correspondence, submitted on behalf of X, requesting a ruling regarding X's status as an S corporation. |
| 200125090(PDF, 15K) |
6/22/2001 |
| This is in reply to a letter dated March 28, 2000, and subsequent correspondence, submitted on behalf of X, requesting rulings under §§ 409, 1361, and 4975 of the Internal Revenue Code. |
| 200125089(PDF, 11K) |
6/22/2001 |
| This letter responds to a letter, dated August 11, 2000, and subsequent correspondence written by your authorized representative on behalf of X, requesting rulings under § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 200125088(PDF, 30K) |
6/22/2001 |
| This is in reply to a private letter ruling request dated Date a, requesting rulings under § 882 of the Internal Revenue Code of 1986 ("the Code"). Additional information supplementing the factual representations in the Date a submission, was provided in letters dated Date b, Date c, and Date g. |
| 200125087(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125086(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125085(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125084(PDF, 18K) |
6/22/2001 |
| This letter responds to your request dated November 21, 2000, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations on behalf of Purchaser and Sellers to make an election. Specifically, Purchaser and Sellers want to make 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 purchase of Target 2 stock on Date (1) (All citations in this letter to regulations under § 338 are to regulations in effect on Date 1.) |
| 200125083(PDF, 7.1K) |
6/22/2001 |
| This letter responds to a letter dated September 29, 2000, requesting a supplement to our prior letter ruling dated May 8, 1998 (PLR-119797-97) issued to your company and to Distributing under its former name (the "Prior Letter Ruling"). The Prior Letter Ruling, including the legend abbreviations, is incorporated herein by reference. |
| 200125082(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125081(PDF, 6.8K) |
6/22/2001 |
| This letter responds to a letter dated December 27, 2000, and subsequent correspondence submitted by your authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125080(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 10, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125079(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125078(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 11, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125077(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125076(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 7, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125075(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 5, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125074(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 8, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125073(PDF, 20K) |
6/22/2001 |
| Issue: Whether sellers have "disposed of" installment notes within the meaning of § 453B(a) of the Internal Revenue Code when there has been no modification in either the terms of the note or the rights accruing to sellers under the substituted notes. |
| 200125072(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 6, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125071(PDF, 8.4K) |
6/22/2001 |
| This letter responds to a letter, dated October 27, 2000, written on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election for X to be treated as a partnership for federal tax purposes under § 301.7701-3(c) |
| 200125070(PDF, 18K) |
6/22/2001 |
| This is in response to your letter dated November 30, 2000, in which you requested a ruling concerning the generation-skipping transfer tax consequences of the proposed partitions of certain trusts into separate trusts. |
| 200125069(PDF, 17K) |
6/22/2001 |
| This letter responds to your request dated November 21, 2000, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations on behalf of Purchaser and Sellers to make an election. Specifically, Purchaser and Sellers want to make 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 purchase of Target 3 stock on Date (1) (All citations in this letter to regulations under § 338 are to regulations in effect on Date 1.) |
| 200125068(PDF, 18K) |
6/22/2001 |
| This letter responds to your request dated November 21, 2000, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations on behalf of Purchaser and Sellers to make an election. Specifically, Purchaser and Sellers want to make 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 purchase of Target 1 stock on Date 1. |
| 200125067(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, on behalf of Seller 3, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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. |
| 200125066(PDF, 49K) |
6/22/2001 |
| This letter responds to your request, dated October 6, 2000, that we rule on certain tax consequences of the sale of the Plants from Sellers to Buyer. 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 fund 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. |
| 200125065(PDF, 8.3K) |
6/22/2001 |
| This responds to your letter dated September 27, 2000, and subsequent correspondence submitted on behalf of X, requesting an extension of time for X to make an election under § 754 of the Internal Revenue Code. |
| 200125064(PDF, 7.6K) |
6/22/2001 |
| This letter responds to a letter, dated November 22, 2000, written on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a corporation for federal tax purposes under § 301.7701-3(c) |
| 200125063(PDF, 15K) |
6/22/2001 |
| This letter responds to a letter dated September 19, 2000, requesting, on behalf of Parent, an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. The extension is being requested for Parent 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 the acquisition of the Target stock (hereinafter referred to as the "Election"), on Date 2. |
| 200125062(PDF, 6.2K) |
6/22/2001 |
| This letter responds to your letter dated November 18, 2000, and subsequent correspondence written on behalf of X, requesting a ruling that X's S corporation status will be effective as of D1. |
| 200125061(PDF, 11K) |
6/22/2001 |
| This letter responds to your representative's letter dated, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200125060(PDF, 29K) |
6/22/2001 |
| Issues: Should the Service disallow a claim for refund on the grounds that the Service cannot determine which member of a consolidated group is entitled to the refund? |
| 200125059(PDF, 8.2K) |
6/22/2001 |
| This is in response to a letter dated September 26, 2000, submitted by A's authorized representative requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of U.S. lawful permanent residence did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 200125058(PDF, 9.3K) |
6/22/2001 |
| This letter responds to your October 27, 2000 request for a private letter ruling, along with subsequent correspondence, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200125057(PDF, 6.6K) |
6/22/2001 |
| This letter responds to a letter dated December 15, 2000, and subsequent correspondence submitted by your authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125056(PDF, 14K) |
6/22/2001 |
| This responds to your Authorized Representative's October 18, 2000 letter requesting, on behalf of the above corporations, 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 Sub) is requesting an extension to file a "closing-of-the-books election" pursuant to § 1.382-6(b) of the Income Tax Regulations (sometimes hereinafter referred to as the "Election"), with respect to the sale of Parent on Date A. |
| 200125055(PDF, 13K) |
6/22/2001 |
| This letter responds to your representative's November 15, 2000 request for rulings on certain federal income tax consequences of a proposed transaction. Additional information was received on March 6, 2001. The material information submitted for consideration is summarized below. |
| 200125054(PDF, 5.2K) |
6/22/2001 |
| This letter responds to a letter, dated November 10, 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. |
| 200125053(PDF, 25K) |
6/22/2001 |
| This is in reply to a letter of March 15, 2000, and subsequent correspondence submitted on behalf of P1, Fund A, Fund B, Limited Partnership, Company A, and Company B, by their authorized representative requesting certain rulings relating to the master-feeder investment fund structure between P1, Fund A and Fund B (the "Funds"). |
| 200125052(PDF, 15K) |
6/22/2001 |
| This letter responds to your request dated March 13, 2000, submitted on behalf of the Taxpayer. The request is for a revised schedule of ruling amounts under § 1.468A-3(i) of the Income Tax Regulations for the Taxpayer's nuclear decommissioning fund (the "Fund") under the jurisdiction of Commission A, Commission B and Commission C. |
| 200125051(PDF, 8.7K) |
6/22/2001 |
| This is in response to A's letter dated December 18, 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. |
| 200125050(PDF, 16K) |
6/22/2001 |
| This letter responds to your letter dated December 8, 2000, submitted on behalf of Parent, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Additional information was submitted in a letter dated February 14, 2001. Parent (as common parent of the consolidated group including Purchaser) is requesting an extension 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 the acquisition of Target (hereinafter referred to as the "Election"). All citations in this letter to regulations under § 338 are to the regulations as in effect for Date A. |
| 200125049(PDF, 15K) |
6/22/2001 |
| This letter responds to your request dated March 13, 2000, and subsequent submissions, submitted on behalf of the Taxpayer. The request is for a revised schedule of ruling amounts under § 1.468A-3(i) of the Income Tax Regulations for the Taxpayer's nuclear decommissioning fund (the "Fund") under the jurisdiction of Commission A, Commission B and Commission C. The Taxpayer was previously granted a revised schedule of ruling amounts on. The required information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to § 1.468A-3(h)(2). |
| 200125048(PDF, 9.8K) |
6/22/2001 |
| This responds to a letter dated December 29, 2000, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200125047(PDF, 5.7K) |
6/22/2001 |
| This responds to your letter dated January 8, 2001, together with subsequent correspondence, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200125046(PDF, 6.0K) |
6/22/2001 |
| This letter responds to your letter dated November 13, 2000, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125045(PDF, 9.4K) |
6/22/2001 |
| This letter responds to a letter, dated November 16, 2000, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under §§ 1361(d)(3) and 1362(f) of the Internal Revenue Code. |
| 200125044(PDF, 52K) |
6/22/2001 |
| This letter responds to Distributing's June 23, 2000 request for rulings on certain federal income tax consequences of a proposed and partially completed transaction. The information submitted in that letter and in later correspondence is summarized below. |
| 200125043(PDF, 38K) |
6/22/2001 |
| This is in response to a letter dated November 16, 2000, requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated December 22, 2000, December 27, 2000, January 31, 2001, and March 22, 2000. |
| 200125042(PDF, 6.3K) |
6/22/2001 |
| This responds to a letter dated October 2, 2000, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200125041(PDF, 5.9K) |
6/22/2001 |
| This responds to the letter dated November 28, 2000, and subsequent information submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200125040(PDF, 29K) |
6/22/2001 |
| We received your submissions dated November 21, 2000 and December 12, 2000, requesting (1) a ruling that the severance of Trust 1 into two separate trusts pursuant to § 26.2654-1(b)(1) of the Generation Skipping Transfer Tax Regulations will be recognized for GST tax purposes; and (2) an extension of time under § 301.9100 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 with respect to the assets in Trust (3) This letter responds to your request. |
| 200125039(PDF, 20K) |
6/22/2001 |
| This letter responds to your letter dated May 10, 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. Purchaser (as the purchasing corporation) and Parent (as the common parent of the consolidated group of which Seller and Target were members) 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 (sometimes hereinafter referred to as the "Election") with respect to Purchaser's acquisition of the stock of Target on Date A. In addition, because Purchaser and Target are in bankruptcy proceedings the Bankruptcy Trustee of Purchaser, and Target as a debtor-in-possession, have joined this request. (All citations in this letter to regulations under § 338 are to regulations in effect on Date A.) |
| 200125038(PDF, 28K) |
6/22/2001 |
| We received your letter requesting rulings under §§ 2036, 2038, 2041, and 2601 of the Internal Revenue Code. |
| 200125037(PDF, 15K) |
6/22/2001 |
| This is in reference to your December 14, 2000 correspondence, and prior submissions, requesting a ruling regarding the generation-skipping transfer tax consequences of a proposed transfer of Trust assets to LLC and the amendment of the bylaws of Corporation owned by Trust. |
| 200125036(PDF, 6.9K) |
6/22/2001 |
| This letter responds to a letter, dated November 15, 2000, written on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a corporation for federal tax purposes under § 301.7701-3(c) |
| 200125035(PDF, 7.6K) |
6/22/2001 |
| This letter responds to a letter, dated November 15, 2000, written on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a corporation for federal tax purposes under § 301.7701-3(c) |
| 200125034(PDF, 6.9K) |
6/22/2001 |
| This letter responds to a letter, dated November 15, 2000, written on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a corporation for federal tax purposes under § 301.7701-3(c) |
| 200125033(PDF, 3.6K) |
6/22/2001 |
| This letter is notification that the Internal Revenue Service (IRS) is reconsidering the applicability to certain semi-trailer bodies of the feed, seed, and fertilizer equipment exception in § 4053(2) of the Internal Revenue Code. |
| 200125032(PDF, 6.9K) |
6/22/2001 |
| This letter responds to your representative's December 18, 2000 request for a private letter ruling, submitted on behalf of X, requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200125031(PDF, 19K) |
6/22/2001 |
| Issues: (1) In light of Parent's Date 4 restructuring, what corporate entity is the proper party to extend the statute of limitations for the taxable years Year 4, Year 5, and Year 6? (2) In light of Parent's Date 4 restructuring, what corporate entity is the proper party to extend the statute of limitations for the taxable years Year 1, Year 2, and Year 3? (3) Whether under the relevant facts and cInternal Revenue Codeumstances, it is advisable or necessary for the Service to solicit a separate Form 872 from Intermediate, as alternative agent under Temporary Treasury Regulation § 1.1502-77T(a)(4), for the members of the Parent consolidated group? |
| 200125030(PDF, 47K) |
6/22/2001 |
| This is in reply to a letter dated Date a, requesting rulings under § 864 and 882 of the Internal Revenue Code of 1986. The information submitted for consideration is substantially as set forth below. |
| 200125029(PDF, 4.5K) |
6/22/2001 |
| This responds to a letter dated December 19, 2000, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125028(PDF, 5.3K) |
6/22/2001 |
| This letter responds to your letter dated November 8, 2000, and subsequent correspondence, written on behalf of X, requesting that the Service grant X an extension of time to make an election under § 301.7701-3(c) of the Procedure and Administration Regulations. |
| 200125027(PDF, 6.0K) |
6/22/2001 |
| This letter responds to your letter dated December 5, 2000, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125026(PDF, 4.8K) |
6/22/2001 |
| This letter responds to a letter dated January 12, 2001, and subsequent correspondence, submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125025(PDF, 4.8K) |
6/22/2001 |
| This letter responds to a letter dated October 15, 2000, and subsequent correspondence, submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125024(PDF, 4.9K) |
6/22/2001 |
| This letter responds to a letter dated February 6, 2000, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125023(PDF, 5.9K) |
6/22/2001 |
| This letter responds to your letter dated November 16, 2000, and subsequent correspondence submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200125022(PDF, 6.0K) |
6/22/2001 |
| This letter responds to a letter dated November 9, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. |
| 200125021(PDF, 78K) |
6/22/2001 |
| Issue: Whether receipts attributable to sales of the Product 1 to Agency A by Corp B through a FSC are excluded from status as foreign trading gross receipts under Internal Revenue Code. § 924(f)(1)(A)(ii) and Temporary Treasury Regulation § 1.924(a)-1T(g)(4)(i). |
| 200125020(PDF, 24K) |
6/22/2001 |
| This letter responds to your November 10, 2000 request for rulings on certain federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated February 22, 2001, February 27, 2001, March 9, 2001, and March 13, 2001. The information submitted for our review is substantially as set forth below. |
| 200125019(PDF, 37K) |
6/22/2001 |
| Issue: Whether expenditures incurred by Taxpayer's design and prototype department relating to the design, development, modification, and improvement of athletic footwear constitute "research and experimental expenditures" under Internal Revenue Code. § 174. |
| 200125018(PDF, 10K) |
6/22/2001 |
| This is in reply to a letter dated November 9, 2000, and subsequent correspondence. Fund requests an extension of time to file an election under § 855(a) of the Internal Revenue Code ("section 855 election"). |
| 200125017(PDF, 8.5K) |
6/22/2001 |
| This letter responds to a letter dated February 23, 2000, written on behalf of X, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to file an election under § 301.7701-3(c) to be treated as a partnership. |
| 200125016(PDF, 8.6K) |
6/22/2001 |
| This is in response to A's letter dated February 5, 2001 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. The information submitted for consideration is substantially as set forth below. |
| 200125015(PDF, 8.6K) |
6/22/2001 |
| This is in response to A's letter dated December 18, 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. The information submitted for consideration is substantially as set forth below. |
| 200125014(PDF, 17K) |
6/22/2001 |
| Issue: Whether an agreement between the I.R.S. and the taxpayer to extend the period of time for assessment of any tax includes the extension of time to assess a computational adjustment under § 6222 in the absence of additional language related to the adjustment. |
| 200125013(PDF, 31K) |
6/22/2001 |
| We received your letter requesting rulings under §§ 216, 305, 311, 721, 722, and 723 of the Internal Revenue Code. |
| 200125012(PDF, 11K) |
6/22/2001 |
| This responds to a letter dated November 3, 2000 and subsequent correspondence requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a qualified terminable interest property ("QTIP") election under § 2056(b)(7) of the Internal Revenue Code. |
| 200125011(PDF, 33K) |
6/22/2001 |
| This letter responds to your letter dated February 7, 2001, requesting rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that letter and other correspondence is summarized below. |
| 200125010(PDF, 16K) |
6/22/2001 |
| This letter responds to your request of October 16, 2000, for rulings as to certain Federal income tax consequences of a proposed transaction. The facts as submitted are summarized below. |
| 200125009(PDF, 18K) |
6/22/2001 |
| Issue: Whether Taxpayer is entitled to deduct as "insurance" premiums amounts paid to Y pursuant to a brother-sister captive insurance arrangement? |
| 200125008(PDF, 23K) |
6/22/2001 |
| Issues: (1) Whether the personal cook, an United States citizen, who executed an employment contract with X in Country A, for domestic services and is paid with funds of Y, is the employee of X or Y? (2) If X is the employer of the personal cook, whether X is required to withhold and pay taxes under the Federal Insurance Contributions Act ("FICA") and the Federal Unemployment Tax Act ("FUTA")? |
| 200125007(PDF, 57K) |
7/15/2001 |
| Issues: (1) Whether § 384 applies to bar Corp A, from offsetting the gain it recognized on the transfer of the Series B Corp G Preferred Stock (the "Corp G Stock") to Corp K (the "Corp G gain") against pre-merger net operating losses ("NOLs")? (2) Whether the transfer of cash, stock and other assets to Corp A, in exchange for its stock qualified for non-recognition under § 351(a)? (3) Whether the Corp G gain may be reallocated to CorpC under § 482? |
| 200125006(PDF, 84K) |
6/22/2001 |
| Issues: (1) Whether expenses incurred in connection with the investigation, opposition, or settlement of various federal and State civil rights lawsuits qualify as specified liability losses under Internal Revenue Code. § 172(f)(1)(B) and, therefore, are eligible for a ten-year net operating loss carry back period. (2) Whether expenses incurred in connection with the investigation, opposition, or settlement of "miscellaneous tort liability" lawsuits qualify as specified liability losses under § 172(f)(1)(B) and, therefore, are eligible for a ten-year net operating loss carry back period. (3) Whether voluntary recall campaign payments purportedly made under certain federal statutes qualify as specified liability losses under § 172(f) and, therefore, are eligible for a ten-year net operating loss carry back period. |
| 200125005(PDF, 21K) |
6/22/2001 |
| Issue: Whether Taxpayers A and B and their operating subsidiaries are entitled to deductions for "insurance" premiums paid to L. |
| 200125004(PDF, 36K) |
6/22/2001 |
| Issues: (1) Whether Treasury Regulation § 1.61-12(c), as applicable in Year 1, permits Subsidiary C to amortize as bond "premium," within the meaning of Treas. Reg. § 1.61-12(c)(4), a portion of the payment it received in Year 1 from Subsidiary A, a related party, as partial consideration for assuming certain of Subsidiary A's debt obligations. (2) If Subsidiary C were permitted to amortize the portion of the payment representing the bond "premium," whether Internal Revenue Code. § 267(a)(2) requires that Subsidiary A must defer its deduction of the payment until Subsidiary C reports the amortized amounts in income. |
| 200125003(PDF, 46K) |
6/22/2001 |
| Issue: Whether the corporate records donated by Corporation 2 1 to Charitable Organization are properly excluded from the definition of capital assets in accordance with Internal Revenue Code. § 1221(3) for purposes of determining whether the contribution is subject to the limitation imposed by § 170(e)(1)(A). |
| 200125002(PDF, 6.3K) |
6/22/2001 |
| This responds to your letter dated June 28, 2000, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200125001(PDF, 25K) |
6/22/2001 |
| Issue: The propriety of issuing a statutory notice of deficiency imposing a change in Company's method of accounting from the cash receipts and disbursements method to an accrual method. |
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