Chief Counsel's Written Determinations Issued from 200130000 to 200134999

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.

200134034(PDF, 29K)	4/12/2002
This is in response to a letter dated August 31, 2000, submitted on your behalf by your authorized representative requesting rulings under § 401(k) of the Internal Revenue Code . You submitted the following facts and representations in support of your request.
200134033(PDF, 59K)	4/12/2002
This letter is in response to your letter dated December 8, 2000, and subsequent correspondence, requesting rulings under § 4941 of the Internal Revenue Code.
200134032(PDF, 50K)	4/12/2002
This is in response to M's request for a ruling that it is a qualified State tuition program, operating as a savings program, exempt from federal income tax under § 529 of the Internal Revenue Code (hereafter "Code").
200134031(PDF, 220K)	4/12/2002
This letter constitutes notice that, defined benefit pension plan, with respect to the above-named the three plan amendments described below are reasonable and provide only for de minimis increases in the liabilities of the Plan.
200134030(PDF, 35K)	4/12/2002
We have considered your request dated December 21, 2000, that a proposed set-aside be treated as a qualifying distribution within the meaning of § 4942(g)(2) of the Internal Revenue Code.
200134029(PDF, 27K)	4/12/2002
This is in reference to your letter of May 21, 2001, which replaced your letter dated April 20, 2001, requesting advance approval of your grant procedures under § 4945(g) of the Internal Revenue Code.
200134028(PDF, 27K)	4/12/2002
This letter constitutes notice that with respect to the above-named derived benefit pension plan, your request for a waiver of the minimum funding standard for the plan year ended December 31, 2000 has been denied.
200134027(PDF, 93K)	4/12/2002
This is in response to a letter from your authorized representative requesting a series of rulings on your behalf regarding the tax consequences associated with the affiliation of two hospital systems.
200134026(PDF, 51K)	4/12/2002
This is in response to the letter of X's authorized representative dated December 29, 2000, as supplemented, requesting rulings under § 4943 of the Internal Revenue Code on behalf of X.
200134025(PDF, 42K)	4/12/2002
This is in reply to your legal representative's letter requesting rulings regarding the federal tax consequences associated with the transactions described below. Ruling requests 2 and 4 will be answered directly by Assistant Chief Counsel (Income Tax and Accounting) since they are within the jurisdiction of that office.
200134024(PDF, 29K)	8/24/2001
Issue: Whether interest is payable to a taxpayer who, following acceptance of an offer in compromise, remits more than the amount reflected in the offer but less than the actual tax liability?
200134023(PDF, 7.5K)	8/24/2001
This letter responds to your October 4, 2000, request for rulings concerning the federal income tax consequences of a proposed transaction.
200134022(PDF, 7.4K)	8/24/2001
This letter responds to your October 4, 2000, request for rulings concerning the federal income tax consequences of a proposed transaction.
200134021(PDF, 35K)	8/24/2001
This letter responds to your letter dated December 18, 2000, and subsequent correspondence submitted on behalf of Taxpayer, requesting a letter ruling concerning the treatment under §118 of the Internal Revenue Code of the transfer of certain interconnection equipment by Transferor to Taxpayer.
200134020(PDF, 6.0K)	8/24/2001
This letter responds to a letter dated February 15, 2001, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200134019(PDF, 5.9K)	8/24/2001
This letter responds to a letter dated December 27, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200134018(PDF, 5.7K)	8/24/2001
This responds to the letter dated April 20, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200134017(PDF, 5.6K)	8/24/2001
In a letter dated October 5, 2000 you requested a ruling that the Service confirm that PLR 9725044 will still be applicable to A after its conversion from a corporation to limited liability company. You represent that other than the change of form of A, all material facts will remain the same as described in PLR-9725044.
200134016(PDF, 6.1K)	8/24/2001
This letter responds to your request dated December 7, 2000, requesting a ruling on behalf of Company under Internal Revenue Code § 1362(b)(5).
200134015(PDF, 13K)	8/24/2001
This letter responds to a letter dated April 19, 2001, submitted by Purchaser's and Seller Parent's authorized representative, 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 Parent 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).
200134014(PDF, 14K)	8/24/2001
This letter replies to a request for rulings, dated January 31, 2001, on the federal income tax consequences of a proposed transaction concerning § 355 of the Internal Revenue Code.
200134013(PDF, 4.5K)	8/24/2001
This is in reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted by the above-named taxpayer requesting permission to change her 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.
200134012(PDF, 9.3K)	8/24/2001
This is in response to your letter dated May 10, 2001, and prior correspondence submitted by your authorized representatives, requesting a generation-skipping transfer tax ruling concerning the partition of Trust.
200134011(PDF, 8.1K)	8/24/2001
This is in response to a letter from your authorized representative dated December 28, 2000, requesting a ruling that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200134010(PDF, 16K)	8/24/2001
This letter responds to your February 7, 2001 request for rulings on certain federal income tax consequences of a proposed transaction. Additional information was requested and submitted in letters dated April 23 and May 21, 2001.
200134009(PDF, 14K)	8/24/2001
This letter responds to a letter dated December 7, 2000, submitted on behalf of Purchaser and Sellers by their authorized representative, 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 A. All citations in this letter to regulations under § 338 are to regulations in effect on Date A.
200134008(PDF, 55K)	8/24/2001
Issues: (1) Does the transaction described herein qualify as an exchange under Internal Revenue Code § 351 of the Internal Revenue Code? (2) Is the transferee corporation entitled to deduct payments made on the assumed liability?
200134007(PDF, 28K)	8/24/2001
Issue: Whether, for purposes of computing the taxpayer's foreign tax credit limitation, Article XXIV(3) of the Convention Between the United States of America and Canada with respect to Taxes on Income and on Capital, signed Sept. 26, 1980, entered into force Aug. 16, 1984, as amended by Protocols entered into force Aug. 16, 1984, Nov. 9, 1995 and Dec. 16, 1997, 1 Tax Treaties (CCH) at ¶ 1901 (the "Treaty") prohibits the United States from applying U.S. law to allocate a portion of the taxpayer's aggregate interest expense to its gross income attributable to permanent establishments maintained in Canada and to dividends received from a Canadian corporation when the interest expense is not deductible for Canadian tax purposes.
200134006(PDF, 10K)	8/24/2001
The following is in response to your memorandum dated February 8, 2001, concerning the treatment of casualty losses to low-income housing tax credit properties under § 42(j)(4)(E) of the Internal Revenue Code.
200134005(PDF, 22K)	8/24/2001
Issues: (1) Should the Internal Revenue Code § 481(a) adjustment required as a result of Taxpayer's change in its method of accounting for interest on nonperforming loans include interest that was uncollectible at the beginning of the year of change? (2) What is the proper method of valuing collateral for purposes of determining whether interest is uncollectible and the extent to which debt is worthless? (3) Is the amount of the Code § 481(a) adjustment deducted by Taxpayer in the year of change as partially worthless debt limited to the amount of the adjustment included in income in that year?
200134004(PDF, 69K)	8/24/2001
Issue: Whether certain Perpetual Securities should be characterized as debt for federal income tax purposes, thereby triggering tax under former § 956A of the Internal Revenue Code.
200134003(PDF, 17K)	8/24/2001
Issues: (1) Whether petitioners are liable for the additions to tax for negligence and valuation overstatement under §§ 6653(a)(1), 6653(a)(2), and 6659. (2) Whether the affected items statutory notice of deficiency issued to petitioners is invalid and untimely, based on the timeliness of the Notice of Final Partnership Administrative Adjustment issued in the prior partnership proceeding. (3) Whether the affected items statutory notice of deficiency was issued to petitioners within the one year suspension period of Internal Revenue Code § 6229(d)(2).
200134002(PDF, 125K)	8/24/2001
Issues: (1) Whether the basis of the preferred stock may be challenged because the underlying lease stripping transactions lacked economic substance. (2) Whether § 351 applies to the exchanges in which Company A received the preferred stock. (3) Whether Company A improperly computed its bases in the preferred stock under subchapter C. (4) Whether the transactions lack economic substance and should be recharacterized under the sham transaction doctrine. (5) Whether the losses reported by P2 from its disposition of the preferred stock may be challenged under § 1.701-2, the partnership anti-abuse regulation. (6) Whether § 482 applies to the transactions. (7) Whether a partnership proceeding is the appropriate forum for challenging the partnerships' inside basis in the preferred stock, the partners' outside bases in their interests in the partnerships under audit, and the allocation of partnership losses under § 482. (8) Whether the Service is precluded from challenging the partnerships' inside basis in the preferred stock and the partners' outside bases in their interests in the partnerships under audit if the partner who contributed preferred stock in the year under examination acquired such stock in a year for which the applicable period of limitations has or may have expired. (9) Whether it is appropriate to raise specified penalties as part of the TEFRA partnership proceedings for Year 4.
200134001(PDF, 22K)	8/24/2001
Issues: (1) Whether employees have constructive receipt of amounts refunded to the employer from a qualified plan (Plan A), which amounts represent erroneous contributions that were made by the employer to the qualified plan and which are in the possession of the employer. (2) Whether the employer may transfer a portion of the above returned contributions into the correct retirement plan, Plan B, without income tax consequences to the employees. (3) If an employer pays Federal Insurance Contributions Act (FICA) taxes that may no longer be assessed under the applicable statute of limitations, whether the employees would be entitled to a refund of the employee portion of the FICA taxes. (4) Whether an exception to the assessment statute of limitations exists for administrative errors related to amounts that were designated as employee contributions to a qualified plan.
200133051(PDF, 26K)	4/12/2002
This is in reply to a ruling request, made on your behalf by your authorized representative. with respect to the creation of the Excess Benefit Plan and its effect on the Pension Plan.
200133050(PDF, 20K)	4/12/2002
This letter is in response to your request with respect to the above-referenced defined benefit pension plan pursuant to Revenue Procedure 90-49 for the plan year commencing April 1, 2000.
200133049(PDF, 18K)	4/12/2002
This letter is in response to your request with respect to the above-referenced defined benefit pension plan pursuant to Revenue Procedure 90-49 for the plan year commencing January 1, 2000, and supersedes our ruling letter dated April 20, 2001.
200133048(PDF, 44K)	4/12/2002
This is in reply to the letter of May 10, 2000, regarding the proposed transfer of all of W's assets to X.
200133047(PDF, 89K)	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 .
200133046(PDF, 9.0K)	8/17/2001
This is in response to your letter of April 7, 2000, requesting a ruling that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in a letters dated April 10, 2000 and April 18,2000.
200133045(PDF, 17K)	8/17/2001
Issues: (1) Taxpayer enters into an installment agreement prior to submitting an offer in compromise ("OIC"). Taxpayer remains in compliance with the installment agreement by making payments after the OIC is proposed. If the OIC is accepted, then the Internal Revenue Service refunds any installment payments made after acceptance of the offer. Does the Service pay interest on that refund if the refund is not made within 45 days of acceptance of the offer? (2) Taxpayer submits a deposit with the OIC, but the deposit is larger than the amount called for under the terms of the offer. If the offer is accepted, then the excess deposit is refunded to the taxpayer. Does the excess deposit bear interest of not made within 45 days of acceptance of the offer? (3) Does a deposit accrue interest it the offer in compromise is rejected and the deposit is not returned to the taxpayer within 45 days?
200133044(PDF, 15K)	8/17/2001
Issues: (1) Where a bankruptcy has taken place, do the provisions of the Internal Revenue Code pertaining to installment agreements apply to an agreement to pay the value of property subject to a properly filed federal tax lien, and properly exempted from the bankruptcy estate, where the underlying tax liability has been discharged in the bankruptcy? (2) Is there any legal or practical reason why the Service should not allow payment, via periodic installments, equal to the value of the property subject to the lien?
200133043(PDF, 52K)	8/17/2001
This matter involves the authority to execute consents extending the period of limitation on assessment (Form 872) pursuant to § 6501(a)(4) of the Internal Revenue Code by a Team Manager of a Financial Products Field Specialists group in the Large and Mid-size Business (LMSB) Division.
200133042(PDF, 66K)	8/17/2001
This Chief Counsel Advice responds to your request of April 4, 2001, that we review guidance that was provided by your office to your local Collection function last year and that we advise you whether that prior advice is generally in line with the Service's current thinking on this subject.
200133041(PDF, 31K)	8/17/2001
Issue: When the Internal Revenue Service (IRS) is engaged in the examination of a large corporation, to what employees and/or officers may IRS revenue agents make information requests and otherwise disclose return information?
200133040(PDF, 21K)	8/17/2001
Issue: Can the Internal Revenue Service accept, as additional consideration for an offer in compromise, a collateral agreement or other document which will entitle the Government to the proceeds from the sale of a particular asset at some point in the future?
200133039(PDF, 8.5K)	8/17/2001
This is in response to a letter from your authorized representative dated December 28, 2000, requesting a ruling that A's surrender of her U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated May 7 and May 8, 2001.
200133038(PDF, 6.8K)	8/17/2001
This responds to a letter dated September 14, 2000, together with subsequent correspondence, submitted on behalf of LLC, requesting that LLC be given an extension of time under § 301.9100-3(a) of the Procedure and Administration Regulations to elect to be disregarded as an entity separate from its owner for federal tax purposes.
200133037(PDF, 16K)	8/17/2001
This letter responds to your authorized representative's letter dated February 12, 2001, requesting a letter ruling concerning whether the payment received by Taxpayer for the relocation of a underground gas transmission line is a nonshareholder contribution to capital excludable from income under § 118(a) of the Internal Revenue Code.
200133036(PDF, 17K)	8/17/2001
This letter responds to your authorized representative's letter dated February 26, 2001, requesting a letter ruling concerning whether the payment received by the Taxpayer for the relocation of certain power lines is a nonshareholder contribution to capital excludable from income under section118(a) of the Internal Revenue Code.
200133035(PDF, 9.4K)	8/17/2001
This letter responds to a letter dated April 12, 2001, requesting a ruling supplementing our prior letter ruling dated March 14, 2001 (PLR-111625-01) issued to your company and to Controlled (the "Prior Letter Ruling"). The Prior Letter Ruling, which is incorporated herein by reference, addresses a distribution (Step V) of Controlled stock by Distributing under § 355 of the Internal Revenue Code (the "Spin Off") and various pre-Spin Off steps (including the Step IV issuance by Controlled of a portion of its stock to the public (the "IPO")). The IPO took place on Date 10.
200133034(PDF, 15K)	8/17/2001
This letter responds to a letter dated January 31, 2001, submitted on your behalf by your authorized representative, in which rulings were requested regarding certain federal income tax consequences of a proposed transaction.
200133033(PDF, 15K)	8/17/2001
This responds to Authorized Representative's letter dated February 22, 2001 submitted on your behalf, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent is requesting an extension to file an election under § 338(g) of the Internal Revenue Code with respect to the acquisition of Target and the deemed acquisitions of Target Affiliate 1, Target Affiliate 2, Target Affiliate 3, Target Affiliate 4, and Target Affiliate 5 (collectively, the "Target Affiliates") (hereinafter such election is referred to as "the Election"). All citations in this letter to regulations under § 338 are to the regulations as in effect for Date A.
200133032(PDF, 13K)	8/17/2001
This responds to Authorized Representative's letter dated February 22, 2001 submitted on your behalf, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent is requesting an extension to file an election under § 338(g) of the Internal Revenue Code with respect to the acquisition of Target from Sellers (hereinafter such election is referred to as "the Election"). All citations in this letter to regulations under § 338 are to the regulations as in effect for Date A.
200133031(PDF, 7.3K)	8/17/2001
This letter responds to a letter dated December 26, 2000, and subsequent correspondence, submitted on behalf of X by X's authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code and requesting that X be given an extension of time in which to elect to treat its subsidiary as a qualified subchapter S subsidiary (QSUB).
200133030(PDF, 16K)	8/17/2001
This letter responds to a letter dated D1, and supplemental information, submitted on behalf of Taxpayer requesting a ruling on whether Taxpayer and other third parties are related persons under § 1239(b) of the Internal Revenue Code.
200133029(PDF, 9.4K)	8/17/2001
This is in reply to a letter dated January 11, 2001, submitted on behalf of Company, requesting under § 301.9100-3 of the Procedure and Administration Regulations, an extension of time for making an election under § 831(b)(2)(A)(ii) of the Code. Additional information was submitted in letters dated February 27 and April 25, 2001.
200133028(PDF, 22K)	8/17/2001
Issues: Whether the Service can accept an offer to compromise a tax liability which is already secured by a mortgage under an existing collateral agreement, and whether acceptance of such an offer requires the Service to release the mortgage.
200133027(PDF, 8.4K)	8/17/2001
This is in response to a letter received January 31, 2001, requesting a ruling that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated February 14 and May 3, 2001.
200133026(PDF, 7.6K)	8/17/2001
This is in response to a letter dated January 25, 2001, as supplemented by a letters dated March 7, 2001 and May 2, 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 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.
200133025(PDF, 5.3K)	8/17/2001
This letter responds to a letter, dated December 21, 2001, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200133024(PDF, 8.4K)	8/17/2001
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.
200133023(PDF, 8.5K)	8/17/2001
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.
200133022(PDF, 8.5K)	8/17/2001
This is in response to a letter dated February 28, 2001, and a supplemental letter dated March 2, 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 did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200133021(PDF, 8.5K)	8/17/2001
This is in response to a letter dated February 28, 2001, and a supplemental letter dated March 2, 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 did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200133020(PDF, 9.2K)	8/17/2001
This is in response to letters dated December 27, 2000 and March 26, 2001 requesting consent to Taxpayer's revocation of its election under § 831(b) to be taxed only on its investment income effective for the calendar 2000 tax year.
200133019(PDF, 12K)	8/17/2001
This responds to your representative's letter dated February 21, 2001, submitted on behalf of X, requesting a ruling that the rental income received by X from renting certain properties will not constitute passive investment income within the meaning of § 1362(d)(3) of the Internal Revenue Code.
200133018(PDF, 9.4K)	8/17/2001
This letter responds to a letter dated January 16, 2001, and subsequent correspondence submitted by your authorized representative on behalf of Y, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to file an election to be a disregarded entity for federal tax purposes under § 301.7701-3(c), effective d1.
200133017(PDF, 34K)	8/17/2001
Issue: Whether the transactions lacked economic substance.
200133016(PDF, 15K)	8/17/2001
This letter responds to your November 29, 2000 request for rulings on certain federal income tax consequences of a proposed transaction.
200133015(PDF, 14K)	8/17/2001
This letter responds to your letter, dated January 29, 2001, and subsequent correspondence, submitted on behalf of Decedent's estate, 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.
200133014(PDF, 22K)	8/17/2001
Issue: Whether the compensation attributable to options issued, subject to shareholder approval, on Date 1 under the Stock Incentive Plan and exercised by the Executive in Year A and Year B meet the exception for "performance-based compensation" under § 162(m)(4)(C) of the Internal Revenue Code.
200133013(PDF, 53K)	8/17/2001
Issue: May USP or FS deduct a currency loss under § 1.988–2(b)(13) when certain payables/ receivables are capitalized into the equity of FS ? Since § 1.988-2(b)(13) only applies when a debt instrument is acquired by the obligor in exchange for its stock, a threshold issue is whether the purported payables/ receivables are debt under the facts presented.
200133012(PDF, 4.5K)	8/17/2001
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 July 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.
200133011(PDF, 21K)	8/17/2001
This is in response to your letter dated October 27, 2000, requesting rulings on behalf of Distributing with respect to a proposed and partly consummated transaction. Additional information was received in letters dated January 10, 2000, February 1, 2001, February 23, 2001, March 5, March 26, 2001, April 24, 2001 and May 8, 2001.
200133010(PDF, 12K)	8/17/2001
This responds to your letter dated February 21, 2001, requesting an extension of time, under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election (the "Election") under § 1.1502-75(a)(1) of the Income Tax Regulations. The extension is being requested for Parent, Sub 1, Sub 2, and Sub 3 (Sub 1, Sub 2, and Sub 3 are hereinafter collectively referred to as the "Subsidiaries") to make an election to file a consolidated federal income tax return, with Parent as the common parent, effective for their taxable year that ended on Date (1) Additional information was received in letters dated April 12, 2001, and May 9, 2001. The material information submitted is summarized below.
200133009(PDF, 38K)	8/17/2001
Issue: Whether amounts the Corporation paid to X in 1995 and 1996 are wages subject to Federal Insurance Contributions Act (FICA) and Federal Unemployment Tax Act (FUTA) taxes.
200133008(PDF, 8.4K)	8/17/2001
This is in response to a letter ruling request regarding Taxpayer's responsibility for the excise tax imposed by § 4251 of the Internal Revenue Code on amounts paid for communication services. Your authorized representative submitted this request on your behalf. Taxpayer has represented the following.
200133006(PDF, 84K)	8/17/2001
Issues: (1) Whether Sub One failed to substantiate its entitlement to the capital loss and rent expense deduction. (2) Whether the series of transactions in which Sub One obtained and sold the assets lacked economic substance. (3) Whether the carryover bases in the partnership interest from Partnership One and the notes receivable involved in the leasehold position received from Partnership Two were derived from lease stripping transactions lacking economic substance. (4) Whether the capital loss and rent expense deduction may be allocated from Sub One to Partnership One and Partnership Two under the authority of Internal Revenue Code § 482. (5) Whether Partnerships One and Two must recognize gain and loss on exchanges with Sub One (and whether Sub One takes a basis in the assets equal to their fair market value), on the theory that § 351 did not apply to the exchange. (6) Whether the rent expense deductions may be challenged on the ground that no rent expense was incurred. (7) Whether the transactional costs (promoter's fees, accounting and legal expenses) paid in connection with the issuance of the SPS shares and the subsequent sale transactions are deductible.
200133005(PDF, 91K)	8/17/2001
Issues: Whether any of the following categories of expenses incurred by Taxpayer in Tax Year 1 are specified liability losses under Internal Revenue Code § 172(f)(1)(B) in effect for that year and, thus, qualify for a ten-year net operating loss carry back period: (1) State Sales and Use Taxes; (2) Federal Payroll Taxes; (3) Workers' Compensation Payments (4) Certain Environmental Remediation Costs (5) Litigation Settlement Payment to Former Employee (6) Federal Insurance Act Contributions (FICA) in Conjunction with Issue 5 Settlement Payment (7) Contract Settlement Payment to Public Entity.
200133004(PDF, 22K)	8/17/2001
Issue: Can the Internal Revenue Service assess a deficiency in Year 2, a year for which assessments are barred, if adjustments to income tax liability for Year 1 make unavailable for carryover to Year 2 net operating losses, passive activity losses, excess charitable contributions, and a credit carry forward?
200133003(PDF, 43K)	8/17/2001
Issues: (1) Do Partnership's special allocations of tax items have substantial economic effect so that they may be respected under § 704(b)? (2) If the special allocations do not have substantial economic effect, how should Partnership's tax items be re-allocated? (3) May there be a re-allocation of Partnership's tax items pursuant to § 482?
200133002(PDF, 17K)	8/17/2001
This is in response to the May 15, 2001 letter and other correspondence requesting rulings on the federal income tax, gift tax and generation-skipping transfer tax consequences of the proposed judicial modification of the Trust.
200133001(PDF, 31K)	8/17/2001
Issues: (1) Whether the Taxpayer may include interest amounts it accrued but did not collect while it was a tax-exempt organization in basis of property for purposes of computing its bad debt losses on that property in or after Year 2, when it actually became a taxable entity. (2) Whether there is an inconsistency between application of the position taken on Issue 1 and the position taken in a technical advice memorandum (TR-32-0149-91, hereinafter "TAM") where this Taxpayer was required to use its ostensibly adjusted basis to calculate any allowable amortization, notwithstanding the requirements of Internal Revenue Code § 1016(a)(2).
200132043(PDF, 45K)	4/12/2002
This is in response to a request for a private letter ruling submitted by your authorized representative on May 24, 1999 and supplemented by additional correspondence dated January 5, 2000 and May 4, 2001 concerning distributions from a plan described in § 40 1 (k) of the Internal Revenue Code and qualified under § 401(a) of the Code.
200132042(PDF, 49K)	4/12/2002
This is in response to your request for a ruling with respect to the creation of the Excess Plan and its effect on the Pension Plan.
200132041(PDF, 44K)	4/12/2002
We have considered M's ruling request dated December 19, 2000. M requests a ruling that a certain set-aside of funds will be treated as a qualifying distribution within the meaning of § 4942 of the Internal Revenue Code on the basis that the set-aside satisfies the suitability test of § 4942(g)(2)(B)(i) and the corresponding regulations.
200132040(PDF, 307K)	4/12/2002
This letter responds to X's request dated August 31, 2000, for rulings pertaining to the proper treatment of charitable organization's establishing a for-profit subsidiary under § 501(c)(3) and 511 through 514 of the internal Revenue Code.
200132039(PDF, 64K)	4/12/2002
This is in response to a letter from your authorized representative requesting a series of rulings on your behalf regarding the tax consequences associated with the transactions described below. The purpose of the transactions is to effectuate a combination of two health care systems.
200132038(PDF, 49K)	4/12/2002
In letters dated August 21, 2000, and February 27, 2001, your authorized representative requested a ruling on your behalf in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations.
200132037(PDF, 67K)	4/12/2002
This is in response to M's request for certain rulings as supplemented and amended under § 501(c)(3), 4941 and 4945 of the Internal Revenue Code submitted by M's legal representative. M has requested certain rulings that the terms of a settlement agreement between M and certain interested parties will not constitute acts of self-dealing as described in § 4941 of the Code and result in taxable expenditures under § 4945.
200132036(PDF, 30K)	8/10/2001
Issues: (1) For which entities should a Form 872 be executed? (2) Who is the appropriate person to execute the Form 872? (3) What is the proper language to use on the Form 872?
200132035(PDF, 26K)	8/10/2001
Issue: Whether an abatement in real estate taxes of up to X Dollars per year, in exchange for services rendered by senior citizens pursuant to a State program which exempts such abatements from state tax, constitutes income for federal income tax purposes and wages for Federal employment tax purposes.
200132034(PDF, 25K)	8/10/2001
Issues: (1) Whether the Internal Revenue Service is authorized to issue a refund of a portion of an overpayment in cases in which the taxpayer is suffering or is about to suffer a significant hardship, yet the overpayment has already been credited to the taxpayer's account to satisfy a prior outstanding tax liability. (2) Whether there is an exception to the general prohibition on reversing an offset if the Service is not authorized to issue a refund of a portion of an overpayment because the overpayment has already been credited to the taxpayer's account to satisfy a prior outstanding tax liability.
200132033(PDF, 38K)	8/10/2001
This letter is in reply to a letter dated November 8, 2000, regarding the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated January 9, February 15, March 26, and May 10, 2001. Pursuant to the letter dated May 10, 2001, the taxpayer withdrew its request for a ruling on the treatment of the "commission-free" program.
200132032(PDF, 23K)	8/10/2001
This responds to your letter dated November 20, 2000, submitted by your authorized representative, in which you requested a ruling and closing agreement that premiums received by Taxpayer on policies of insurance or reinsurance of United States risks are exempt from the insurance excise tax imposed by § 4371 of the Internal Revenue Code pursuant to the Income Tax Convention Between the United States and the Government of Ireland (the "Convention").
200132031(PDF, 14K)	8/10/2001
This letter responds to the request of Taxpayer, dated June 22, 2000, and subsequent correspondence, for a determination as to whether the costs associated with the construction, operation, and decommissioning of an independent spent fuel storage installation ("ISFSI") can be financed from amounts held in Fund pursuant to § 1.468A-1(b)(5) of the Regulations, and whether, prior to the ultimate shut-down of the plant, such costs are deductible in the taxable year paid or incurred.
200132030(PDF, 13K)	8/10/2001
This letter responds to a letter dated November 11, 2000, submitted on behalf of Purchaser and Seller by their authorized representatives, 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 and the deemed acquisition of the stock of Target Affiliates (sometimes hereinafter referred to as the "Election") on Date A. (All citations in this letter to regulations under § 338 are to the regulations in effect on Date A.) Additional information was received in letters dated April 16 and May 11, 2001.
200132029(PDF, 44K)	8/10/2001
Issue: What are the standards for determining whether the reasonable cause exception of § 6038B(b)(2) should excuse Parent from the penalty for failure to report a transfer of property to a foreign corporation in an exchange described in § 367(a)?
200132028(PDF, 5.2K)	8/10/2001
This is in reply to your letter dated November 2, 2000, and subsequent correspondence, submitted on behalf of X, requesting a ruling that X be given an extension of time to elect to be classified as an association, taxable as a corporation, for federal tax purposes.
200132027(PDF, 8.6K)	8/10/2001
This replies to a letter dated February 2, 2001, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreement under § 1.1503-2(g)(2)(i) as required by § 1.1503-2(g)(2)(iv)(B)(2)(iii) for the seven tax years ended on the dates enumerated for the taxable year in which the event described in § 1.1503-2(g)(2)(iv)(B)(1) occurred. The information submitted for consideration is substantially as set forth below.
200132026(PDF, 5.8K)	8/10/2001
This letter responds to a letter dated January 19, 2001, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200132025(PDF, 6.0K)	8/10/2001
This letter responds to a letter dated December 19, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200132024(PDF, 27K)	8/10/2001
This letter responds to your request that we rule on certain tax consequences of the sale of the Plant from Taxpayer to Buyer. As set forth below, you have requested rulings regarding the tax consequences under § 468A of the Internal Revenue Code to the Seller's 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.
200132023(PDF, 12K)	8/10/2001
This responds to your letter of December 29, 2000, requesting an extension of time, under §§ 301.9100-1 and -3 of the Procedure and Administration Regulations, for Taxpayer to make consent dividend elections pursuant to § 565 of the Internal Revenue Code.
200132022(PDF, 17K)	8/10/2001
This letter responds to your request, dated June 19, 2000, that we rule on certain tax consequences under § 468A of the Internal Revenue Code of the transfer of the Plants to a wholly-owned limited liability company of the Taxpayer in a reorganization. As set forth below, you have requested rulings regarding the tax consequences to the Taxpayer and its qualified nuclear decommissioning funds.
200132021(PDF, 8.4K)	8/10/2001
This is in response to your letter dated March 28, 2001, requesting a ruling that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in a letter dated April 30, 2001. The information submitted for consideration is substantially as set forth below.
200132020(PDF, 18K)	8/10/2001
This letter responds to your request, dated June 19, 2000, that we rule on certain tax consequences under § 468A of the Internal Revenue Code of the transfer of the Plants to a wholly-owned limited liability company of the Taxpayer in a reorganization. As set forth below, you have requested rulings regarding the tax consequences to the Taxpayer and its qualified nuclear decommissioning funds.
200132019(PDF, 14K)	8/10/2001
This letter responds to the request of Taxpayer, dated, submitted by its authorized representative, for a revised schedule of ruling amounts pursuant to § 1.468A-3(i) of the Income Tax Regulations. Taxpayer is seeking this revised schedule of ruling amounts because the sale of the Plant in 1999 was subsequent to the prior schedule of ruling amounts approved by the Internal Service, limited to the period ending. In a private letter ruling dated, the Service agreed under § 9100 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).
200132018(PDF, 8.2K)	8/10/2001
This is in response to your letter dated February 19, 2001, requesting a ruling that A's surrender of his U.S. Alien Registration Card (Green Card) will not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in a letter dated April 27, 2001. The information submitted for consideration is substantially as set forth below.
200132017(PDF, 23K)	8/10/2001
This letter is in reply to your request for a ruling that the proceeds of the Bonds may be allocated to the portions of the Research Facilities (hereinafter defined) used for research arrangements that do not constitute private business use based on a revenue allocation test.
200132016(PDF, 13K)	8/10/2001
This is in response to your letter of February 2, 2001, and prior correspondence, in which you request a ruling on the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code to the proposed modification to Trust.
200132015(PDF, 11K)	8/10/2001
This is in response to your letter of February 2, 2001, and prior correspondence, in which you request a ruling on the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code to the proposed modification to Trust.
200132014(PDF, 20K)	8/10/2001
This responds to a letter dated December 4, 2000, together with subsequent correspondence, submitted on behalf of X, requesting rulings on certain federal income tax consequences of the restructuring described below.
200132013(PDF, 15K)	8/10/2001
We received your letter dated October 16, 2000 requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to file the notice required under § 20.2056A-10(a)(2) of the Estate Tax Regulations that the beneficiary of a qualified domestic trust has become a United States citizen. This letter responds to your request.
200132012(PDF, 4.6K)	8/10/2001
This responds to a letter dated January 5, 2001, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200132011(PDF, 4.6K)	8/10/2001
This responds to your letter dated January 2, 2001, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200132010(PDF, 16K)	8/10/2001
This is in reply to a letter dated December 21, 2000, written on behalf of Bank by Bank's authorized representative, requesting rulings regarding the proposed mergers of certain common trust funds under § 584 of the Internal Revenue Code.
200132009(PDF, 34K)	8/10/2001
Issues: (1) Whether the sale of a f percent interest in B, a TEFRA partnership, by K, an LLC owned by F and L, to H, an S corporation wholly owned by F, on d1, terminated the partnership. (2) If a partnership return on Form 1065 erroneously covers a full year in spite of the partnership's constructive termination, is that filing a "return" for statute of limitations purposes?
200132008(PDF, 15K)	8/10/2001
This responds to your request for a ruling filed on behalf of Taxpayer dated February 8, 2001, requesting that, based upon the facts and representations submitted, a portion of the stock that Taxpayer is to receive under a plan of reorganization for Lessee will not be treated as securities held by Taxpayer for purposes of determining the percentage of total voting power or value held by Taxpayer under the asset test of § 856(c)(4) of the Internal Revenue Code (the "Code") or under the gross income test of § 856(d)(2).
200132007(PDF, 25K)	8/10/2001
This letter responds to your March 19, 2001 request for rulings on certain federal income tax consequences of a proposed transaction.
200132006(PDF, 37K)	8/10/2001
X is a property and casualty insurance company, taxed under the provisions of Part II of Subchapter L of the Internal Revenue Code. X offers retrospectively rated insurance policies. Generally, retro debits represent premiums due from policyholders on retrospectively rated insurance policies when at the end of the policy year, the actual premium calculated based on a formula which takes into account the amount of losses and loss expenses incurred, exceeds the contract's initial premium. Retro credits represent amounts owed to policyholders when the contract's initial premium exceeds the actual premium.
200132005(PDF, 11K)	8/10/2001
This responds to your Authorized Representative's February 21, 2001 letter requesting, on behalf of the above referenced corporation, an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Taxpayer is requesting an extension to file an election under § 1.337(d)-5T(b) and (c), to be subject to the rules of the § 1374 with respect to assets it held on Date B.
200132004(PDF, 30K)	8/10/2001
Issues: (1) Is a marital deduction allowable under § 2056(a) of the Internal Revenue Code for $x to be paid to A under an agreement in settlement of her claim that she was Decedent's common law wife and, therefore, entitled to an elective share of his estate? (2) Alternatively, is the $x payment deductible under § 2053(a), as a claim against Decedent's estate, on the basis that the amount is paid in settlement of A's claim against Decedent for alleged tortious conduct prior to his death?
200132003(PDF, 50K)	8/10/2001
Issue: Whether the proposed noncompliance penalty adjustment under § 6038A(e)(3) should be imposed to disallow interest expense deductions for Company A, Sub 1, and Company B for Taxable Years 4 through 6.
200132002(PDF, 40K)	8/10/2001
Employment Taxes - Taxable Year
200132001(PDF, 28K)	8/10/2001
Issues: (1) What language should be used to describe the taxpayer on each of the Forms 872? (2) What corporate name should be entered on the reverse side of the Forms 872? (3) Which corporate officers may sign the Form 872 for the taxpayer?
200131035(PDF, 35K)	4/12/2002
This letter is in response to your request, dated September 16, 2000, in which you asked for a ruling as to whether certain proposed distributions from three individual retirement accounts (IRAs) owned by you are part of a series of substantially equal periodic payments and are therefore not subject to the 10 percent additional tax imposed under § 72(t) of the Internal Revenue Code (Code). The ruling request was amended by you in telephone calls with our office on January 24, 2001, and on March 21, 2001, to modify the methodology used to calculate distributions for 2001 and subsequent years.
200131034(PDF, 39K)	4/12/2002
This is in response to a request for a private letter ruling, which your authorized representative submitted on your behalf. Your request concerns the federal tax consequences of a proposed reversion of assets to you upon termination of your defined benefit pension plan. In a letter dated you withdrew the portion of your ruling request relating to excise tax imposed under § 4980 of the Code.
200131033(PDF, 72K)	4/12/2002
This is in response to the letter submitted by your authorized representative on your behalf in which you request a series of letter rulings under § 401(a)(9) of the Internal Revenue Code. The following facts and representations support your ruling requests.
200131032(PDF, 65K)	4/12/2002
This is in response to the February 12, 2001, letter submitted by your authorized representative on your behalf in which you request a series of letter rulings under § 401(a)(9) of the Internal Revenue Code. The following facts and representations support your ruling requests.
200131031(PDF, 40K)	4/12/2002
This is in reply to your letters of January 17 and March 2, 2000, requesting approval of your scholarship grant procedures under § 4945(g)(l) of the Internal Revenue Code.
200131030(PDF, 39K)	4/12/2002
This is in reply to your letters of January 19 and May 2, 2000, requesting approval of your scholarship grant procedures under § 4945(g)(l) of the Internal Revenue Code.
200131029(PDF, 36K)	8/3/2001
Internal Revenue Code § 7122(a) grants the Secretary the authority to compromise civil or criminal liabilities arising under the internal revenue laws. Ever since that authority was granted, the Code has required that an opinion of Counsel be placed on file in certain cases. See Internal Revenue Code § 7122(b). Chief Counsel Notice CC-2001- 036, issued June 29, 2001, sets forth procedures to be followed by Associate Chief Counsel (SB/SE) offices when issuing the statutorily required opinion. This memorandum provides background information that was considered in drafting the Notice.
200131028(PDF, 16K)	8/3/2001
Issues: (1) How to determine the holding period for the interests of Taxpayers who are former policyholders and annuitants of mutual life insurance companies who received stock in a stock life insurance company or cash upon the demutualization of the mutual life insurance company. (2) Whether Taxpayers who received cash are entitled to long-term capital gain treatment.
200131027(PDF, 11K)	8/3/2001
This letter responds to the letter dated January 26, 2001, submitted on behalf of the Bank, requesting the following ruling: (1) The cancellation of a cardholder's obligation to pay the balance pursuant to the occurrence of under the Program does not constitute an event subject to information return reporting under § 6050P of the Internal Revenue Code.
200131026(PDF, 12K)	8/3/2001
This letter responds to your letter dated November 14, 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 letters dated February 20, March 30, and May 4, 2001. Parent is requesting the 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 the stock of Target and the deemed acquisition of the stock of Target Affiliate 1 and Target Affiliate 2 (sometimes hereinafter referred to as the "Election"). All citations in this letter to regulations under § 338 are to regulations in effect for Date A.
200131025(PDF, 7.6K)	8/3/2001
This is in response to a letter dated January 18, 2001, as supplemented by a letter dated April 23, 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 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.
200131024(PDF, 27K)	8/3/2001
This is in response to your letter dated October 30, 2000, requesting rulings on behalf of Distributing with respect to a proposed and partly consummated transaction. Additional information was received in letters dated January 8, 2001, January 24, 2001, February 28, 2001, March 27, 2001, April 27, 2001, and May 4, 2001.
200131023(PDF, 6.0K)	8/3/2001
This letter responds to a letter dated December 13, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200131022(PDF, 9.0K)	8/3/2001
This responds to a letter dated December 21, 2000 submitted on behalf of X requesting a ruling under § 1362(f) of the Internal Revenue Code.
200131021(PDF, 6.1K)	8/3/2001
This responds to a letter dated April 13, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200131019(PDF, 12K)	8/3/2001
This letter responds to your letter dated July 7, 2000, written on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code.
200131018(PDF, 15K)	8/3/2001
This is in response to your letter of Date 1, as supplemented, requesting a ruling that the noncompliance of certain of Taxpayer's policies with the requirements of § 7702 of the Internal Revenue Code be waived pursuant to § 7702(f)(8).
200131017(PDF, 12K)	8/3/2001
This responds to your February 14, 2001 letter, submitted on behalf of Parent, requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations for Parent to file an election. The extension is 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 stock of Target on Date A (sometimes hereinafter referred to as the "Election"). All citations in this letter to regulations under § 338 are to the regulations as in effect on Date A..
200131016(PDF, 8.4K)	8/3/2001
This letter responds to your letter dated October 2, 2000, submitted on behalf of X, requesting an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations for X to elect to treat Y as a disregarded entity for federal tax purposes under § 301.7701-3(c) effective d2.
200131015(PDF, 61K)	8/9/2001
Issues: (1) Are the quarterly payments on the Instruments, further described below, "interest" deductible under § 163(a) of the Internal Revenue Code? (2) Are the Instruments part of a straddle subject to the capitalization rules of § 263(g)?
200131014(PDF, 15K)	8/3/2001
This responds to Taxpayer's letter, dated December 11, 2000, requesting a private letter ruling as to the application of § 1031 of the Internal Revenue Code to the proposed transaction. Specifically, Taxpayer requests rulings that the transfer of replacement property received in a like-kind exchange to a single-member limited liability company (LLC) will not violate the requirement under § 1031(a)(1) of the Code that Taxpayer's replacement property must be held for productive use in a trade or business or for investment after the exchange.
200131013(PDF, 114K)	8/3/2001
Issues: (1) What is the proper allocation of partnership liabilities both before and after the second loan restructuring, transfer of partnership interests by B to D, and the redemption of two partners (A and C); and (2) How must the cancellation of indebtedness (COD) income arising from the cancellation of the capitalized interest be allocated among the partners in light of the transfer by B of a% of its interest in Partnership to D and the redemption of A and C?
200131012(PDF, 39K)	8/3/2001
Issues: (1) Whether the gross receipts from sublicenses of computer software to unrelated foreign end-users by controlled foreign partnerships that licensed the computer software from their domestic parent corporation that manufactured the computer software in the United States and shipped the computer software directly to the foreign end-users outside the United States are disqualified from the status of foreign trading gross receipts under § 924. (2) If the gross receipts constitute foreign trading gross receipts under § 924, whether the controlled foreign partnerships are "related suppliers" and, thus, not disqualified from computing a commission payable to CorpA-FSC under § 925(a)(2), provided that all other foreign sales corporation requirements are met under § 921 through 927.
200131011(PDF, 14K)	8/3/2001
This is in response to your letter dated November 20, 2000, on behalf of the School District requesting a ruling on whether contributions the School District makes to its health benefits program and its § 457(a) Deferred Compensation Program are non-taxable to the School District's employees at the time of the contributions.
200131010(PDF, 14K)	8/3/2001
This is in reply to a letter dated November 15, 2000, requesting a ruling that Trust A, Trust B, and Trust C each be granted an extension of time to elect to be treated as a Real Estate Mortgage Investment Conduit (REMIC) under § 860D of the Internal Revenue Code.
200131009(PDF, 6.6K)	8/3/2001
This letter responds to a letter dated December 27, 2000, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation election will be effective as of the taxable year beginning D1.
200131008(PDF, 11K)	8/3/2001
This letter responds to the request dated April 6, 2000, submitted on behalf of Manager, requesting rulings under the Procedure and Administration Regulations that Plan is a "business entity" eligible to be classified as a partnership for federal tax purposes and that Manager is eligible to serve as Plan's tax matters partner (TMP).
200131007(PDF, 41K)	8/3/2001
Issue: Whether expenses incurred by Taxpayer for wages paid to employees of Taxpayer's in-house Patent Department constitute "qualified research expenses" under Internal Revenue Code § 41(b).
200131006(PDF, 20K)	8/3/2001
Issue: Whether fees associated with automobile leases should be recognized by an accrual method taxpayer in the year of the lease inception or ratably over the life of the lease.
200131005(PDF, 33K)	8/3/2001
Issues: (1) Whether Corp X's accruals of expenses under the lease satisfy Treasury Regulation § 1.461-1(a)(2). (2) Whether the Service may change Corp X's method of accounting for its expenses under the lease under Internal Revenue Code § 446.
200131004(PDF, 5.7K)	8/3/2001
This letter responds to a letter dated October 5, 2000, and subsequent correspondence, written on behalf of Corporation, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that Corporation's S corporation election be effective as of Date 2.
200131003(PDF, 50K)	8/3/2001
This letter responds to your December 11, 2000 request for rulings on certain federal income tax consequences of a proposed transaction.
200131002(PDF, 5.1K)	8/3/2001
This is an information letter in response to your inquiry regarding your work status, for Federal employment tax purposes, with respect to services you provided the for the period.
200131001(PDF, 29K)	8/3/2001
Issue: To what extent does the residuary marital bequest under Article IV of Decedent's will qualify for the estate tax marital deduction under § 2056(a) of the Internal Revenue Code?
200130058(PDF, 84K)	4/12/2002
In letters dated July 10, 2000, and March 8, 2001, you requested a ruling in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations.
200130057(PDF, 57K)	4/12/2002
This is in response to the request from your representative for rulings in connection with the establishment of the DC Plan by State A and proposed elections and transfers between the DC Plan and the DB Plan currently maintained by the Department. Applications have been filed for determination letters on the DC Plan and for the amendments to the DB Plan enabling the proposed elections and transfers between the DB and DC Plan.
200130056(PDF, 47K)	4/12/2002
This is in response to the letter submitted on your behalf by your authorized representative, in which you, through your authorized representative, request several letter rulings under § 408(d) (3) of the Internal Revenue Code.
200130055(PDF, 56K)	4/12/2002
This letter responds to the request of counsel for Parent, 13 and C, dated January 5, 2001, for a ruling regarding a proposed reorganization of one charity, 6, along with the creation of two new supporting charities, Parent and C.
200130054(PDF, 57K)	4/12/2002
This is in response to your letter dated February 13, 2001, in which you requested certain rulings with respect to a proposed transfer of all of the assets of B to C.
200130053(PDF, 56K)	4/12/2002
This is in response to your letter dated February 13, 2001, in which you requested certain rulings with respect to a proposed transfer of all of the assets of B to C.
200130052(PDF, 44K)	4/12/2002
This is in response to a request for a private letter ruling submitted on behalf of Employer M on September 5, 2000, as supplemented by additional correspondence dated October 30, 2000 and November 16, 2000 concerning the federal income tax treatment of certain contributions to Plan N and Plan O under § 414(h)(2) of the Internal Revenue Code .
200130051(PDF, 27K)	4/12/2002
This is in response to a letter dated January 1, 2001, as supplemented by correspondence dated February 1, 2001, in which you requested rulings under § 414(h)(2) of the Internal Revenue Code . You submitted the following facts and representations in connection with your request.
200130050(PDF, 32K)	4/12/2002
This is in reference to your letter of April 3, 2001, requesting advance approval of your grant procedures under § 4945(g) of the Internal Revenue Code.
200130049(PDF, 53K)	4/12/2002
This letter responds to the request of counsel for Parent, B and C. dated January 5, 2001, for a ruling regarding a proposed reorganization of one charity, B, along with the creation of two new supporting charities, Parent and C.
200130048(PDF, 55K)	4/12/2002
This letter responds to the request of counsel for Parent, B and C, dated January 5, 2001, for a ruling regarding a proposed reorganization of one charity, 8, along with the creation of two new supporting charities, Parent and C.
200130047(PDF, 11K)	7/27/2001
This responds to your November 6, 2000, request for a ruling whether, under the cInternal Revenue Codeumstances described below, X is the proper person to claim a credit or refund under §§ 6416(a)(4) and (b)(2) of the Internal Revenue Code with respect to the gasoline tax and § 6427(l)(5) with respect to the diesel fuel tax. You also ask whether, if X is the proper person to make these claims, it may make the claims on Form 720, Quarterly Federal Excise Tax Return.
200130045(PDF, 16K)	7/27/2001
You asked us to review your proposed memorandum discussing whether the Internal Revenue Service must turn over to the Chapter 7 trustee a refund for a tax period ending after a Chapter 13 bankruptcy petition was filed but before the case was converted to Chapter 7 and whether the Service may setoff a post-petition refund against a pre-petition tax liability.
200130044(PDF, 30K)	7/27/2001
Issue: Do the provisions of Internal Revenue Code § 7122 apply when the Service consents to release its lien for a discharged tax period upon payment of less than the full value of its interest in property subject to the lien?
200130043(PDF, 24K)	7/27/2001
Issues: Whether the Internal Revenue Service may unilaterally default a joint offer in compromise when Taxpayer-Husband breached his obligations under a separate but related offer in compromise on the basis of an oral agreement tying the two offers together.
200130042(PDF, 15K)	7/27/2001
Issue: Whether Internal Revenue Service procedures should be changed so that a taxpayer will be allowed interest based on a replacement refund check when the original refund check is lost in the mail through no fault of the taxpayer.
200130041(PDF, 30K)	7/27/2001
Issue: When a taxpayer with a pending offer in compromise files Chapter 7 bankruptcy, must the Service return the deposit it received in connection with the offer?
200130040(PDF, 29K)	7/27/2001
Issues: (1) Does the phrase "specifically stating the taxpayer's liability and the basis for liability" in Internal Revenue Code § 6404(g) mean that to satisfy the notice requirements of that provision the Service must provide the amount of the adjustment or the amount of tax related to the adjustment? (2) Does the exception to the suspension of interest under I.R.C. § 6404(g) for the I.R.C. § 6651(a)(1) failure to file penalty have any practical ramifications? Does the exception for the I.R.C. § 6651(a)(2) failure to pay penalty state that regardless of whether or not interest is suspended under I.R.C. § 6404(g), it will not be suspended for that portion of the deficiency that relates to an assessed failure to pay penalty on the additional deficiency? (3) What is meant by I.R.C. § 6404(g)(2)(C)? (4) Is it really necessary to provide a written explanation to taxpayers in agreed cases to satisfy the notice requirement? (5) Where new information acquired by the examiner results in an increase to an adjustment, would it be necessary to provide another notice in order to satisfy the provision? If so, would this result in multiple notices on the same issue and different suspension periods for the respective deficiencies? (6) In examination of flow through entities, given that the notice provided met the legal requirements, is the notice considered to have been provided when given at the entity level or the individual level?
200130039(PDF, 14K)	7/27/2001
Issue: With respect to a request for a collection due process hearing, what is the legal effect of a power of attorney submitted by or on behalf of a taxpayer that does not meet all of the Service's requirements for powers of attorney.
200130038(PDF, 10K)	7/27/2001
Your memorandum dated June 11, 1999, asked how a hospital reports income when it cancels a portion of the student loan debt of a physician for each year the physician works at the hospital under a medical education loan program.
200130037(PDF, 33K)	7/27/2001
Issue: In a Chapter 13 case, does the Service violate the debtor's automatic stay when it issues a Form 10492 Notice of Federal Taxes Due to an escrow company refinancing the debtor's non-estate property?
200130036(PDF, 20K)	7/27/2001
This Chief Counsel Advice is in response to your request dated April 9, 2001. In accordance with Internal Revenue Code § 6110(k)(3), this Chief Counsel Advice should not be cited as precedent.
200130035(PDF, 6.0K)	7/27/2001
This responds to your representative's letter dated February 5, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200130034(PDF, 26K)	7/31/2001
This responds to your letter dated February 21, 2001, requesting rulings regarding the application of § 2518 of the Internal Revenue Code to disclaimers of interests in certain trusts and regarding the application of § 2056 to the division of the marital deduction share of a trust.
200130033(PDF, 12K)	7/27/2001
This responds to Authorized Representative's letter dated November 21, 2000 submitted on your behalf, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent is requesting an extension to file an election under § 338(g) of the Internal Revenue Code and under § 1.338-1(d) of the Income Tax Regulations, with respect to Purchaser's acquisition of 80% of the outstanding stock of Target from Sellers (the "Election"). All citations in this letter to regulations under § 338 are to the regulations as in effect for Date B. The material information submitted for consideration is summarized below.
200130031(PDF, 6.2K)	7/27/2001
This letter responds to a letter dated January 22, 2001, and subsequent correspondence, written on behalf of X, requesting that we rule that X is not a successor corporation of Y as defined by § 1.1362-(5)(b).
200130030(PDF, 22K)	7/27/2001
This is in reference to your June 9, 2000 correspondence requesting rulings regarding the effect for federal gift and generation-skipping transfer tax purposes of the transfers in trust as proposed.
200130029(PDF, 6.0K)	7/27/2001
This letter responds to a letter dated December 20, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200130028(PDF, 5.8K)	7/27/2001
This responds to your letter dated January 27, 2001, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200130027(PDF, 13K)	7/27/2001
This is in response to a letter dated March 15, 2001, 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. All citations in this letter to regulations under §338 are to the regulations as in effect for Date A. The material information submitted for review is summarized below.
200130026(PDF, 6.8K)	7/27/2001
This letter responds to a letter dated January 24, 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 partnership for federal tax purposes.
200130025(PDF, 7.4K)	7/27/2001
This responds to a letter submitted on behalf of LLC dated December 28, 2000, requesting that LLC be given an extension of time in which to make an election under § 754 of the Internal Revenue Code.
200130024(PDF, 8.3K)	7/27/2001
This is in response to your letter dated February 28, 2001, requesting a ruling that A's surrender of her U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200130023(PDF, 7.9K)	7/27/2001
This is in response to your letter dated February 28, 2001, requesting a ruling that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. The information submitted for consideration is substantially as set forth below.
200130022(PDF, 9.1K)	7/27/2001
This letter responds to your letter dated December 18, 2000, and subsequent correspondence, on behalf of X, requesting a ruling that X's income from commercial real estate (Properties) is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200130021(PDF, 4.9K)	7/27/2001
This letter responds to a letter, dated December 26, 2000, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200130020(PDF, 8.9K)	7/27/2001
This letter responds to a letter dated December 13, 2000, and subsequent correspondence, submitted by you as X's authorized representative, requesting a ruling under § 1362(f) of the Internal Revenue Code.
200130019(PDF, 8.4K)	7/27/2001
This is in response to your letter dated November 6, 2000, requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A's loss of U.S. citizenship will not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200130018(PDF, 8.9K)	7/27/2001
This letter responds to correspondence, written on behalf of X by its authorized representative requesting that the Service grant X an extension of time pursuant to § 301.9100-3 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.
200130017(PDF, 9.3K)	7/27/2001
This letter responds to your letter dated December 29, 2000, on behalf of X, requesting a ruling that X's income from Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200130016(PDF, 10K)	7/27/2001
This responds to a letter dated May 4, 2000, together with subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code.
200130015(PDF, 10K)	7/27/2001
This is in response to your request for a ruling for X, a municipality, regarding the cashout of future vacation leave under the Plan by employees of X. Vacation leave is earned on a monthly basis on the first day of each month. Employees may carry over unused vacation hours into following years, subject to maximum limitations. Within a calendar year, employees are allowed to accrue vacation hours beyond the maximum limits only if used within that year. Employees with unused vacation time on the date of their separation from service receive a cash distribution equal to the number of hours of unused vacation leave multiplied by their then current rate of pay.
200130014(PDF, 14K)	7/27/2001
This is in response to a letter dated February 22, 2001, requesting rulings on behalf of Fund A, Fund B, Fund C, and Fund D (individually, a Fund). Each Fund seeks consent to revoke an election previously made under § 4982(e)(4)(A) of the Internal Revenue Code effective for the calendar year 2001 and subsequent years. Additionally, each Fund requests that in calculating its required distributions under § 4982 for the year ending December 31, 2001, for purposes of §§ 4982(b)(1)(B), 4982(e)(2), 4982(e)(5) and 4982(e)(6), the capital gain net income, foreign currency gains and losses, and gains and losses recognized under § 1296 for each Fund be determined on the basis of capital gains and losses, foreign currency gains and losses, and gains and losses recognized under § 1296 during the ten-month period from January 1, 2001, through October 31, 2001.
200130013(PDF, 9.7K)	7/27/2001
This is in response to your letter dated November 17, 2000, on behalf of A requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 (the "Code") that A's renunciation of his United States citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200130012(PDF, 19K)	7/27/2001
Issues: (1) Are the Forms 1120X for taxable Years 1 through and including 3 filed by B on behalf of A (the "Amended Returns") valid for the purpose of filing a timely claim for refund by A? (2) Who is the proper party to receive any overpayment or notice of deficiency that results from the final determination of the examiners concerning the Amended Returns? (3) Who is the proper party to execute the Forms 872 (Consent to Extend Time to Assess Tax) for the B consolidated group's taxable Years 6 and 7 (the "Waivers")? (4) What language should be used to identify the taxpayer on the Waivers?
200130011(PDF, 12K)	7/27/2001
This responds to a letter submitted on behalf of Parent, dated December 18, 2000, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. The extension is being requested for Parent and First-tier Subs 1 through 10 (hereinafter "First-tier Subs 1-10") to make an election to restore value under § 1.382-8(h) (hereinafter referred to as "the Election"), effective for Parent's taxable year ending on Date 2.
200130009(PDF, 50K)	7/27/2001
Issues: (1) Did Bank's transfer to Trust of a pool of subordinated mortgage loans and the Trust's subsequent issuance of the Class 1 Notes, the Class 2 Notes, the Class 3 Notes, the Class 4 Notes, the Class A Instruments, and the Class B Instrument (the transactions) constitute (a) Bank's sale of all or a part of its interest in the pool of subordinated mortgage loans, or (b) a pledge of the mortgage loans as security for a loan to Bank 1 ? (2) Assuming the transactions constituted a sale of the mortgage loans, did Bank's retention of certain servicing rights in the mortgage loans transferred to Trust constitute Bank's retention of an ownership interest in the mortgage loans? If so, how would § 1286 apply in analyzing the consequences of the retention of such ownership interest?
200130008(PDF, 22K)	7/27/2001
This is in reply to your letter of December 7, 2000, in which certain rulings are requested regarding the federal income tax consequences of the Agreement, which was established solely to calculate annual bonuses and retirement benefits to be paid by Employer to Employee and his spouse.
200130007(PDF, 82K)	7/27/2001
Issue: Whether the chain deficit rule of § 952(c)(1)(C) allows the Shipping Subsidiaries to offset their foreign base company shipping income with Sub 1's Year U and Year V deficits in earnings and profits.
200130006(PDF, 10K)	7/27/2001
This letter responds to a letter dated D1, and supplemental information, submitted on behalf of Taxpayer requesting an extension of time to make a qualified progress expenditures election under § 47(d)(5) of the Internal Revenue Code.
200130005(PDF, 7.9K)	7/27/2001
This letter responds to an inquiry on behalf of Taxpayer, dated November 14, 2000, requesting a ruling on the proper federal income tax treatment of certain death benefits received under the Plan.
200130004(PDF, 13K)	7/27/2001
This is in response to your October 12, 2000 letter requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to make an election. Parent (as the common parent of the consolidated group of which Sub was a member) is requesting the extension to file a statement of allowed loss under § 1.1502-20(c)(3) of the Income Tax Regulations (sometimes hereinafter referred to as the "Election"), for its taxable year ending on Date B. Additional information was received in a letter dated February 1, 2001.
200130003(PDF, 12K)	7/27/2001
This letter responds to a request dated September 29, 2000, for supplemental rulings with respect to a ruling letter dated August 3, 2000 (Control Number PLR-107632- 00, LTR 200044019) (the "Prior Ruling"). Additional information was submitted in letters dated October 3, 2000, and January 30, February 8, and April 3, 2001. Except as modified herein, the facts and representations set forth in the Prior Ruling are still valid.
200130002(PDF, 48K)	7/27/2001
Issue: Whether certain tangible and intangible assets are capital assets within the meaning of Internal Revenue Code § 1221.
200130001(PDF, 29K)	7/27/2001
Is the transaction, or series of transactions, described below a like-kind exchange qualifying for tax deferral under § 1031 of the Internal Revenue Code?

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2001 Chief Counsel'sWritten Determinations

2001 Chief Counsel's
Written Determinations