2002 Chief Counsel's
Written Determinations
200220000 to 200224999
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.
| 200224035(PDF, 268K) |
3/20/2002 |
| This is in reply to L's request dated July 30, 2001, regarding whether L's interest in the assets of the M Trust is to be taken into account in calculating L's net investment income under § 4940© of the Internal Revenue Code and L's minimum investment return under § 4942(e). |
| 200224034(PDF, 464K) |
3/19/2002 |
| This letter is in response to your request for a ruling dated September 28, 2000, as supplemented by correspondence dated February 9, 2001, March 26, 2001, and May 1, 2001, which was submitted on your behalf by your authorized representative, concerning the federal income tax treatment of certain contributions to Plan X under § 414(h)(2) of the Internal Revenue Code ("the Code"). |
| 200224033(PDF, 326K) |
3/19/2002 |
| We have considered your ruling request dated August 17, 2001, in which your requested rulings § 4941 of the Internal Revenue Code (the "Code") with respect to certain proposed sales of real and personal property as described below. |
| 200224032(PDF, 275K) |
3/18/2002 |
| We have considered your ruling request dated December 2, 2001, in which you requested approval of a proposed set-aside of M's income under the suitability test of § 4942(g)(2)(B)(i) of the Internal Revenue Code (the "Code") and § 53.4942(a)-3(b)(2) of the Foundation and Similar Excise Taxes Regulations (the "regulations"), and a determination that the amount set aside may be treated as a qualifying distribution in the year in which it is set aside (but not in the year in which actually paid. |
| 200224031(PDF, 275K) |
3/19/2002 |
| We have considered your ruling request dated December 2, 2001, in which you requested approval of a proposed set-aside of M's income under the suitability test of § 4942(g)(2)(B)(i) of the Internal Revenue Code (the "Code") and § 53.4942(a)-3(b)(2) of the Foundation and Similar Excise Taxes Regulations (the "regulations"), and a determination that the amount set aside may be treated as a qualifying distribution in the year in which it is set aside (but not in the year in which actually paid). |
| 200224030(PDF, 146K) |
3/18/2002 |
| This is in reference to your letter of February 7, 2002, requesting advance approval of your grant procedures under § 4945(g) of the Internal Revenue Code. |
| 200224029(PDF, 10K) |
6/14/2002 |
| This letter responds to your letter dated September 10, 2001, and subsequent correspondence, submitted on behalf of Taxpayer, requesting a private letter ruling that will waive for the Project the 10-year holding period requirement for existing buildings of § 42(d)(2)(B)(ii) of the Internal Revenue Code, under the authority of the exception for the acquisition of certain federally-assisted buildings provided under § 42(d)(6)(A)(i). |
| 200224028(PDF, 6K) |
6/14/2002 |
| This responds to a letter dated December 17, 2001, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200224027(PDF, 6K) |
6/14/2002 |
| This responds to your letter, submitted January 28, 2002, on behalf of X, in which you requested relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200224026(PDF, 14K) |
6/14/2002 |
| This letter responds to your letter dated November 8, 2001, which requests rulings on certain Federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated December 4, 2001, and February 22, 2002. The information submitted for our review is summarized below. |
| 200224025(PDF, 11K) |
6/14/2002 |
| This responds to your letter dated A, as supplemented by letters from the Taxpayer’s authorized representative dated B, C, and D, in which you requested a ruling that premiums received by the Taxpayer on policies of insurance or reinsurance of U.S. risks are exempt from the insurance excise tax imposed by § 4371 of the Internal Revenue Code of 1986, as amended (“Code”), pursuant to the United States-Switzerland income tax convention . |
| 200224024(PDF, 12K) |
6/14/2002 |
| 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. |
| 200224023(PDF, 14K) |
6/14/2002 |
| This letter responds to your letter of November 8, 2001, and subsequent correspondence submitted on behalf of Taxpayer, requesting a private letter ruling that amounts paid by a local development authority in connection with the design, construction and installation of a substation upgrade represents a contribution to the capital of Taxpayer under § 118(a) of the Internal Revenue Code and not contributions in aid of construction under § 118(b). Taxpayer provides the following representations. |
| 200224022(PDF, 18K) |
6/14/2002 |
| Issue: If an overpayment claimed on the consolidated return filed by the common parent of an affiliated group is credited to the group’s succeeding year’s estimated tax, and the group is subsequently merged with a new entity in the succeeding year, from what date will interest be assessed on a subsequently determined deficiency for the overpayment year, where the overpayment was credited against the liability of the new entity? |
| 200224021(PDF, 9K) |
6/14/2002 |
| This responds to your letter dated October 8, 2001, submitted on behalf of X, requesting a ruling that the rental income received by X in the course of its operations from commercial properties is not passive investment income within the meaning of § 1362(d)(3) of the Internal Revenue Code. |
| 200224020(PDF, 37K) |
6/14/2002 |
| Issues: (1) What portion of Company’s request for accelerated refunds is reviewed by the Joint Committee on Taxation under § 6405 of the Internal Revenue Code.1 (2) If Company is entitled to an accelerated refund that is reviewed by the Joint Committee on Taxation, does Company’s proffered security, consisting of Company’s unregistered common stock, constitute collateral that adequately protects the interest of the United States. (3) If Company is entitled to credits under § 34, does Company’s request for accelerated refunds attributable to these credits satisfy the requirements of Revenue Ruling 54-378. |
| 200224019(PDF, 13K) |
6/14/2002 |
| This letter responds to a letter dated December 31, 2001, submitted on behalf of Purchaser and Sellers, 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)-1T(c) 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.) Additional -information was received in a letter dated March 5, 2002. The material information is summarized below. |
| 200224018(PDF, 19K) |
6/14/2002 |
| We received your letter dated June 19, 2001, and subsequent correspondence submitted on behalf of Decedent’s estate, requesting a ruling regarding the application of § 2632 of the Internal Revenue Code to certain trusts. This letter responds to that request. |
| 200224017(PDF, 16K) |
6/14/2002 |
| This is in response to your request dated October 30, 2001, and subsequent correspondence requesting a ruling that the Cooperative will be “operating on a cooperative basis” within the meaning of § 1381(a)(2) ) of the Internal Revenue Code. You have provided the following representations. |
| 200224016(PDF, 21K) |
6/14/2002 |
| This letter is in response to your letter of May 23, 2001, requesting rulings on the proposed severance of the Marital Trust and the subsequent renunciation by Taxpayer of her entire interest in four of the severed trusts. |
| 200224015(PDF, 8K) |
6/14/2002 |
| This is in response to your letter dated December 20, 2001, requesting a ruling that A’s loss of lawful permanent resident status (expatriation) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated January 28, and February 27 and 28, 2002. The information submitted for consideration is substantially as set forth below. |
| 200224014(PDF, 20K) |
6/14/2002 |
| This responds to your letter dated August 20, 2001, submitted on behalf of A, B, and C, requesting rulings under § 1.514(c)-2 of the Income Tax Regulations. |
| 200224013(PDF, 7K) |
6/14/2002 |
| This letter responds to a letter dated October 17, 2001, submitted on behalf of X and Y, requesting a ruling that Y be granted 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 disregarded entity for federal tax purposes. |
| 200224012(PDF, 5K) |
6/14/2002 |
| This letter responds to a letter dated December 28, 2001, requesting a ruling under §1362(b)(5) of the Internal Revenue Code. |
| 200224011(PDF, 138K) |
6/14/2002 |
| This Chief Counsel Advice responds to your undated memorandum. In accordance with Internal Revenue Code § 6110(k)(3), this Chief Counsel Advice should not be cited as precedent. |
| 200224010(PDF, 7K) |
6/14/2002 |
| This letter responds to a letter dated October 17, 2001, submitted on behalf of X and Y, requesting a ruling that Y be granted 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 disregarded entity for federal tax purposes. |
| 200224009(PDF, 24K) |
6/14/2002 |
| This letter responds to your November 2, 2001 request for rulings on certain federal income tax consequences of a proposed transaction. The information submitted in this request and in subsequent correspondence is summarized below. |
| 200224008(PDF, 34K) |
6/14/2002 |
| This is in response to your request for advice on whether compensation paid to professionals, such as attorneys and engineers, should be reported on Form W-2 rather than on Form 1099-MISC. You describe the situation where a professional receives a Form W-2 for some of the compensation from a particular entity and a Form 1099 for other compensation from the same entity. |
| 200224007(PDF, 35K) |
6/14/2002 |
| Issues: (1) Does the step-transaction doctrine apply to recharacterize this transaction as a sale of partnership interests? (2) Should this transaction be treated, in substance, as a sale of a partnership interest? |
| 200224006(PDF, 21K) |
6/14/2002 |
| Issues: (1) Can the Trust created by Decedent’s will, which does not meet the requirements of § 2055(e)(2) of the Internal Revenue Code, be the subject of a qualified reformation under § 2055(e)(3)? (2) For purposes of § 2055(e)(3)(B), will the actuarial value of the qualified interests vary from the actuarial value of the reformable interests by more than 5% of the value of the reformable interests, where the sum of the actuarial values of the income and remainder interests to charity before reformation do not vary from the sum of the interests after reformation by more than 5%, but the income interests and the remainder interests taken alone will vary by more than 5%? (3) Was the information sent to the examiner by the attorney on examination “filed subsequently as supplemental information to the return” in compliance with § 20.7520-2(a)(4) of the Estate Tax Regulations, since it was sent to the examiner, rather than the appropriate service center, upon request of the examiner? |
| 200224005(PDF, 17K) |
6/14/2002 |
| This is in response to your memorandum requesting service center advice concerning whether Figure B, Support Test for Children of Divorced or Separated Parents, on page 16 of the 2001 version of Publication 501, Exemptions, Standard Deduction, and Filing Information, requires revision.1 Specifically, your memorandum addresses the block in that flow chart that asks: “Is there a decree or agreement executed after 1984 that unconditionally entitles the noncustodial parent to the exemption?” The flow chart’s arrows continue by providing that if the answer is “Yes,” the noncustodial parent meets the support test; if the answer is “No,” the reader must continue to answer additional questions. The memorandum continues by stating that the language in the block could be misleading since it gives the reader the impression that merely having a post-1984 decree or agreement is sufficient to meet the support test, which could be inconsistent with case law. The memorandum recommends eliminating this block altogether. For the reasons set forth below, we believe that we should recommend to the Forms and Publications office that this block be revised. |
| 200224004(PDF, 16K) |
6/14/2002 |
| Issue: Is the assigned frequency of the electromagnetic spectrum referred to in a Federal Communications Commission (FCC) television broadcast station license (television license) acquired by Taxpayer on Date 2 the sole underlying property to which the television license relates for purposes of the nonrecognition rules under § 1031 of the Internal Revenue Code? |
| 200224003(PDF, 42K) |
6/14/2002 |
| Issues: (1) Whether A Corp’s factoring activities constitute the conduct of a trade or business within the United States. (2) Whether A Corp’s income may be taxed in the United States under the United States - Country A Income Tax Treaty. |
| 200224002(PDF, 18K) |
6/14/2002 |
| This responds to your letter of June 6, 2001 and subsequent correspondence, on behalf of State S and its Plan, requesting a ruling concerning the proposed plan relating to State S’s volunteer firefighters’ and rescue squad workers’ service award program (the "Plan") which State S intends to be a length of service award plan described in § 457(e)(11)(B) of the Internal Revenue Code of 1986. State S and its political subdivisions are represented to be eligible employers described in § 457(e)(1). |
| 200224001(PDF, 27K) |
6/14/2002 |
| This is in response to your correspondence dated July 18, 2001, requesting a ruling concerning the income, gift, and generation-skipping transfer tax consequences of the proposed severance of Trust under §§ 1001, 2501, and 2601 of the Internal Revenue Code. |
| 200223071(PDF, 287K) |
3/15/2002 |
| This is in response to the letter, submitted by your authorized representative, as supplemented by correspondence, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations ("the Regulations"). The following facts and representations support your ruling request. |
| 200223070(PDF, 225K) |
3/13/2002 |
| This is in response to a ruling requested, submitted on your behalf by your authorized representative, concerning the federal income tax treatment, under § 414(h)2) of the Internal Revenue Code , of certain contributions to Plan X. |
| 200223069(PDF, 301K) |
3/13/2002 |
| This is in response to the letter, submitted by your authorized representative, as supplemented by correspondence, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations ("the Regulations"). The following facts and representations support your ruling request. |
| 200223068(PDF, 233K) |
3/13/2002 |
| We have considered your letter dated September 6, 2001, in which you requested certain rulings concerning the federal tax consequences of the proposed terminating distribution of M as further described below. |
| 200223067(PDF, 396K) |
3/13/2002 |
| This letter is in reference to the letter dated May 17, 2001, from the authorized representative of M, in which M requested a ruling with respect to whether a proposed activity will be unrelated trade or business under § 513 of the Internal Revenue Code or will jeopardize its exempt status under § 501(c)(6). |
| 200223066(PDF, 495K) |
3/12/2002 |
| This is in response to a request for a private letter ruling dated June 8, 2001, as revised by letters of January 9 and 23, 200, and February 28, 2002 submitted on your behalf by your authorized representative. The request concerns Plan M, which includes a leveraged employee corporation sponsoring Plan M. |
| 200223065(PDF, 390K) |
3/11/2002 |
| This is in response to the letter submitted on your behalf by your authorized representative, as supplemented by correspondence, in which you, through your authorized representative, request a series of letter rulings under § 401(a)(9) of the Internal Revenue Code. The following facts and representations support your ruling request. |
| 200223064(PDF, 282K) |
3/7/2002 |
| This is in response to your January 2, 2001 letter, submitted by your authorized representative, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. The following facts and representations support your ruling request. |
| 200223063(PDF, 280K) |
3/7/2002 |
| This is in response to your January 9, 2001 letter, supplemented by the March 4, 2002 letter, submitted by your authorized representative, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. The following facts and representations support your ruling request. |
| 200223062(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223061(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223060(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223059(PDF, 15K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223058(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223057(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223056(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223055(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223054(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223053(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223052(PDF, 19K) |
6/7/2002 |
| Issue: Is a shareholder of a target S corporation, who is also a shareholder of an acquiring C corporation, permitted to apply losses suspended under § 1366(d) against the shareholder’s historic basis in the C corporation stock if the S corporation merges into the C corporation in a merger described in § 368(a)(1)(A)? |
| 200223051(PDF, 23K) |
6/7/2002 |
| Issue: Whether, upon reversal of an Earned Income Tax Credit (EITC) as the result of an examination of a return, the service center should reflect the date of the audit’s additional assessment or the original date of filing of the return as the date commencing the running of the collection statute of limitation. |
| 200223050(PDF, 7K) |
6/7/2002 |
| This letter responds to your letter, dated September 17, 2001, and related correspondence, written on behalf of X, requesting an extension of time under §§301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election to treat its wholly owned subsidiary, Y, as a qualified subchapter S subsidiary under §1361(b)(3) of the Internal Revenue Code. |
| 200223049(PDF, 6K) |
6/7/2002 |
| We received a letter from Taxpayer’s authorized representative requesting permission for Taxpayer to revoke its election under § 41(c)(4) of the Internal Revenue Code (Code). This letter responds to that request. |
| 200223048(PDF, 6K) |
6/7/2002 |
| We received letters from Taxpayer’s authorized representative requesting a ruling that Taxpayer may amend its federal income tax returns for the x and y taxable years to claim the credit for increasing research activities under § 41 of the Internal Revenue Code and elect the alternative incremental credit for increasing research activities (AIC) under § 41(c)(4) for the x taxable year. This letter responds to that request. |
| 200223047(PDF, 34K) |
6/7/2002 |
| This is in response to your July 16, 2001 letter, and subsequent correspondence, requesting a ruling concerning the federal gift tax treatment of the proposed severance of a trust into two trusts and Spouse’s subsequent renunciation of her interest in one of the severed trusts. |
| 200223046(PDF, 5K) |
6/7/2002 |
| This responds to your letter dated December 21, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200223045(PDF, 16K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223044(PDF, 16K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223043(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223042(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223041(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223040(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223039(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223038(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223037(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223036(PDF, 17K) |
6/7/2002 |
| This letter responds to a letter dated August 30, 2001, requesting a ruling on behalf of the Taxpayers under § 731(c) of the Internal Revenue Code. Specifically, the Taxpayers request a ruling regarding the application of § 731(c)(3)(B) where a distribution of marketable securities occurs, or is deemed to occur, as a result of a partnership division in which both resulting partnerships are continuing partnerships. |
| 200223035(PDF, 12K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223034(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223033(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223032(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223031(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223030(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223029(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223028(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223027(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223026(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223025(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223024(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an ex |
| 200223023(PDF, 14K) |
6/7/2002 |
| This letter responds to a letter dated November 5, 2001, 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. Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the 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.) Additional information was received in a letter dated December 17, 2001. The material information is summarized below. |
| 200223022(PDF, 23K) |
6/7/2002 |
| Issues: (1) Whether Taxpayer will be deemed under § 960(a)(3) and 902 of the Internal Revenue Code to have paid foreign income taxes in the amount of $C paid by Fsub with respect to $B when distributed. (2) Whether Country A taxes that will be withheld on the anticipated distribution of $B will be creditable under § 901 of the Code. |
| 200223021(PDF, 35K) |
6/7/2002 |
| Issue: Whether the amount of a § 482 conforming adjustment pursuant to Rev. Proc. 65-17, 1965-1 C.B. 833, is considered an omission from gross income reported on USCo1’s Taxable Year 2 Form 1042 (“Annual Withholding Tax Return for U.S. Source Income of Foreign Persons”), in determining whether there was a greater- than-25-percent omission from the gross income stated in USCo1’s Taxable Year 2 Form 1042 for purposes of § 6501(e)(1)(A). |
| 200223020(PDF, 15K) |
6/7/2002 |
| Issue: What is the amount includible in Wife’s gross estate under § 2044 of the Internal Revenue Code if, after Husband’s estate makes a § 2056(b)(7) election with respect to 100 percent of the Marital Trust, some of the assets that initially funded the Marital Trust are transferred to the Family Trust, in conformance with the terms of Husband’s will? |
| 200223019(PDF, 27K) |
6/7/2002 |
| This is in response to your letter dated February 8, 2002, and previous correspondence requesting a ruling concerning the income, gift, and generation-skipping transfer tax consequences of the proposed severance of Trust under §§ 1001, 2501, and 2601 of the Internal Revenue Code. |
| 200223017(PDF, 9K) |
6/7/2002 |
| This ruling is in reply to your request for an extension of time under § 301.9100-1(c) of the Procedure and Administration Regulations for the taxpayer to file a Form 970, Application To Use LIFO Inventory Method for the tax year ended Date (1) This request is made in accordance with § 301.9100-3. |
| 200223016(PDF, 21K) |
6/7/2002 |
| This is in response to your authorized representative’s letter, dated January 26, 2001, and subsequent correspondence, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make an allocation of generation-skipping transfer exemption. |
| 200223015(PDF, 11K) |
6/7/2002 |
| This is in response to your representative’s letter dated November 1, 2001, requesting consent to Taxpayer's revocation of its election under § 831(b)(2)(A)(ii) of the Internal Revenue Code, effective tax year 2002. Additional information was submitted in letters dated January 10, 2002 and February 27, 2002. |
| 200223014(PDF, 70K) |
6/7/2002 |
| This responds to your August 31, 2000, request for rulings, as supplemented by correspondence dated February 25, 2002, on behalf of the Taxpayer. Your request concerns the treatment of proposed gifts and loans of artwork pursuant to a Gift and Loan Agreement (GLA). Specifically, you request the following rulings: |
| 200223013(PDF, 70K) |
6/7/2002 |
| This responds to your August 31, 2000, request for rulings, as supplemented by correspondence dated February 25, 2002, on behalf of the Taxpayer. Your request concerns the treatment of proposed gifts and loans of artwork pursuant to a Gift and Loan Agreement (GLA). Specifically, you request the following rulings: |
| 200223012(PDF, 15K) |
6/7/2002 |
| This ruling responds to a letter dated September 19, 2001, submitted on behalf of the Trust requesting a ruling concerning the look-through rule of § 817(h)(4) of the Internal Revenue Code and § 1.817-5(f) of the regulations. |
| 200223011(PDF, 18K) |
6/7/2002 |
| This letter responds to the request of Taxpayer, dated December 27, 2001, submitted by your authorized representative, for a revised schedule of ruling amounts pursuant to § 1.468A-3(i)(2) of the Income Tax Regulations. The request for revised schedule of ruling amounts is the result of the Commission decreasing the -decommissioning costs to be included in Taxpayer’s cost of service for ratemaking purposes. Taxpayer was previously granted a schedule of ruling amounts on a. Information was submitted pursuant to § 1.468A-3(h)(2). |
| 200223010(PDF, 6K) |
6/7/2002 |
| This responds to your letter dated October 31, 2001, submitted by the shareholders of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200223009(PDF, 7K) |
6/7/2002 |
| This replies to a letter dated August 13, 2001, in which Taxpayer requests a ruling under Treasury Regulation § 301.9100-3 for an extension of time to file a “notice of nonrecognition transfer” pursuant to § 1.1445-5(b)(2)(B)(ii) with respect to each of the five distributions of property by Taxpayer to its sole stockholder. The information submitted for consideration is substantially as set forth below. |
| 200223008(PDF, 23K) |
6/7/2002 |
| This letter responds to your letter, dated January 3, 2002, and prior correspondence, submitted on behalf of Taxpayer, requesting rulings under §§ 2036 and 4947 of the Internal Revenue Code. You have withdrawn your ruling requests under § 2036. A response under § 4947 is included in this letter. |
| 200223007(PDF, 14K) |
6/7/2002 |
| This letter responds to your request dated October 23, 2001, for rulings on the federal income tax consequences of a proposed transaction. You submitted additional information in letters dated December 21, 2001, January 23, 2002, February 8, 2002 and February 22, 2002. |
| 200223006(PDF, 6K) |
6/7/2002 |
| This responds to your letter dated January 28, 2002, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200223005(PDF, 13K) |
6/7/2002 |
| This letter is in reply to the ruling request submitted on behalf of A by A’s authorized representatives pursuant to § 301.9100-1(c) of the Procedure and Administration Regulations. Specifically, A has requested permission to revise the Form 970, Application To Use LIFO Inventory Method, filed for the tax year ended Date (1) This ruling request is made in accordance with § 301.9100-3. |
| 200223004(PDF, 7K) |
6/7/2002 |
| This letter responds to your letter, dated September 17, 2001, and related correspondence, written on behalf of X, requesting an extension of time under §§301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election to treat its wholly owned subsidiary, Y, as a qualified subchapter S subsidiary under §1361(b)(3) of the Internal Revenue Code. |
| 200223003(PDF, 12K) |
6/7/2002 |
| This letter responds to a letter dated November 26, 2000, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code. |
| 200223002(PDF, 17K) |
6/7/2002 |
| We respond to your representative’s letter dated September 18, 2001, for rulings concerning the federal income tax consequences of a proposed and partially consummated transaction. Additional information was submitted in letters dated January 8, 11, 16, 24, February 14 and 20, 2002. The material information submitted for consideration is summarized below. |
| 200223001(PDF, 19K) |
6/7/2002 |
| Issue: Whether the Internal Revenue Service may abate the assessment of interest on an erroneous refund which exceeds $50,000. |
| 200222039(PDF, 17K) |
5/31/2002 |
| Issue: Whether a property and casualty insurance company, which was a member of a consolidated group and a subsidiary of the common parent of the consolidated group, is entitled to the balance of special estimated taxes made pursuant to § 847 after leaving the consolidated group. |
| 200222027(PDF, 8K) |
5/31/2002 |
| This is in response to your letter dated January 28, 2002, requesting a ruling that A’s proposed renunciation of his U.S. citizenship (expatriation) 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. |
| 200222026(PDF, 13K) |
5/31/2002 |
| This is in reply to a letter dated October 31, 2001, together with subsequent correspondence, submitted on behalf of LLC, requesting a ruling that neither LLC nor X will recognize any discharge of indebtedness income under §61 of the Internal Revenue Code as a result of the following restructuring transaction. |
| 200222025(PDF, 5K) |
5/31/2002 |
| This letter responds to a letter dated January 9, 2002, together with subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200222024(PDF, 26K) |
5/31/2002 |
| This is in response to your letters dated February 23, 2001, July 26, 2001, September 20, 2001, and subsequent correspondence, in which you requested rulings under § 2056 of the Internal Revenue Code. |
| 200222023(PDF, 5K) |
5/31/2002 |
| This letter responds to a letter dated December 12, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200222022(PDF, 25K) |
5/31/2002 |
| In accordance with § 8.07(2)(a) of Rev. Proc. 2002-1, 2002-1 I.R.B. 1, 34, this Chief Counsel Advice advises you that a taxpayer within your division has withdrawn its Form 3115, Application for Change in Accounting Method. |
| 200222021(PDF, 6K) |
5/31/2002 |
| This letter responds to your letter dated October 23, 2001, as well as subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code regarding Company's late S corporation election. |
| 200222020(PDF, 6K) |
5/31/2002 |
| This letter responds to your letter, dated September 12, 2001, and subsequent correspondence submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200222019(PDF, 8K) |
5/31/2002 |
| This is in response to your letter dated October 2, 2001 and subsequent correspondence, requesting rulings on behalf of Taxpayer regarding the federal income tax treatment of benefits provided by Taxpayer to eligible retirees as part of a sick leave conversion plan. We are responding only to your second ruling request concerning whether Taxpayer’s contributions to the Plan to provide supplemental medical benefits to retiring employees are excluded from the retirees’ gross income under § 106 of the Internal Revenue Code (Code). The rulings you requested under § 401(h), 401(a), 403(b), and 457 of the Code will be addressed by the Qualified Plans Branch 2 of the Office of Division Counsel/Associate Chief Counsel (TE/GE) which will respond to you directly. |
| 200222018(PDF, 31K) |
5/31/2002 |
| This letter responds to a letter dated September 12, 2001 and subsequent correspondence, submitted on behalf of P by its authorized representative, requesting rulings under § 29 and 702 of the Internal Revenue Code. |
| 200222017(PDF, 13K) |
5/31/2002 |
| This letter responds to a letter dated October 5, 2000, and subsequent correspondence, submitted on behalf of P by its authorized representative, requesting rulings under § 29 of the Internal Revenue Code. |
| 200222016(PDF, 12K) |
5/31/2002 |
| This is in reply to a letter, dated August 14, 2001, submitted on behalf of X by X’s authorized representative, requesting a ruling under §1362(f) of the Internal Revenue Code. |
| 200222015(PDF, 5K) |
5/31/2002 |
| This responds to a letter dated November 30, 2001, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200222014(PDF, 7K) |
5/31/2002 |
| This letter is in response to a request filed on behalf of the above-named taxpayer regarding the late filing of a Form 8716, Election To Have a Tax Year Other Than a Required Tax Year. The taxpayer has requested an extension of time for making such an election under authority contained in § 301.9100-3 of the Procedure and Administration Regulations. |
| 200222013(PDF, 6K) |
5/31/2002 |
| This responds to a letter dated December 3, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200222012(PDF, 20K) |
5/31/2002 |
| This is in reference to your December 20, 2001 letter, and prior correspondence, requesting rulings regarding the effect for federal generation-skipping transfer tax purposes of the proposed exercise of a power of appointment. |
| 200222011(PDF, 34K) |
5/31/2002 |
| Issue: Whether, and to what extent, contingent royalties paid by a domestic licensee to a foreign corporation licensor for worldwide computer software rights constitute U.S. source income under § 861(a)(4) of the Internal Revenue Code subject to a withholding tax under § 1442(a) where the licensee modifies, may reproduce, and sublicenses the software wholly within the United States to a domestic sublicensee for integration into the sublicensee’s computers sold to customers both within and outside the United States. |
| 200222010(PDF, 7K) |
5/31/2002 |
| This letter responds to a letter dated November 8, 2001, submitted on behalf of Z, requesting a ruling that it be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations in which to elect to be treated as an association taxable as a corporation for federal tax purposes under § 301.7701-3(c). |
| 200222009(PDF, 24K) |
5/31/2002 |
| This letter responds to your letter, dated August 30, 2001, submitted on behalf of Company A and Company B, requesting rulings relating to their S elections under §§ 1362(f), 1361(b)(3)(B), and 1362(b)(5) of the Internal Revenue Code. |
| 200222008(PDF, 44K) |
5/31/2002 |
| Issue: Whether H’s transfer of stock in C to W, incident to their divorce, followed by C’s complete redemption of W’s stock in C, is taxable to W under § 302(a) of the Internal Revenue Code, or a constructive distribution to H under § 301(a) with no taxable gain to W in accordance with the nonrecognition provisions of § 1041. |
| 200222007(PDF, 21K) |
5/31/2002 |
| This letter is in response to your letter dated October 26, 2001, requesting the following rulings: |
| 200222006(PDF, 26K) |
5/31/2002 |
| This responds to the Issuer’s request for a ruling that the management contract more fully described below (the "Management Contract") does not constitute private business use under Rev. Proc. 97-13, § 5.03(1), 1997-1 C.B. 632, or, in the alternative, under § 1.141-3(b)(4) of the Income Tax Regulations |
| 200222005(PDF, 9K) |
5/31/2002 |
| 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 clerical services she 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. |
| 200222004(PDF, 8K) |
5/31/2002 |
| This is in reply to your request dated September 13, 2001, for a ruling concerning the federal tax treatment under § 104(a)(1) of the Internal Revenue Code of benefits received by firefighters from the Plan that you maintain. |
| 200222003(PDF, 33K) |
5/31/2002 |
| Issues: (1) Whether the Beneficiaries should recognize gross income under § 61 of the Internal Revenue Code upon the funding of the Trust with per capita distributions and as income is earned on those amounts while in the Trust, or upon the actual distribution of amounts from the Trust. (2) Whether the withholding provisions of § 3402(r) apply to the per capita distributions upon the funding of the Trust, or upon the actual distribution of amounts to the Beneficiaries from the Trust. |
| 200222002(PDF, 16K) |
5/31/2002 |
| Issues: (1) Is Taxpayer liable for the excise tax imposed by § 4051(a)(1) of the Internal Revenue Code on tractors when it makes first retail sales of the vehicles described below? (2) If the IRS rules adversely to Taxpayer on Issue (1), will the IRS grant Taxpayer's request to apply this technical advice memorandum on a nonretroactive basis under § 7805(b)(8)? |
| 200222001(PDF, 25K) |
5/31/2002 |
| This letter responds to the letter dated October 24, 2001, submitted on behalf of the Trust, requesting the following rulings: |
| 200221047(PDF, 7K) |
5/24/2002 |
| This letter responds to your letter dated October 4, 2001, as well as subsequent correspondence, submitted on behalf of Company, requesting an extension of time for Company to elect under § 301.7701-3(c) of the Procedure and Administration Regulations to be treated as an association taxable as a corporation. Company represents the following facts. |
| 200221046(PDF, 32K) |
5/24/2002 |
| Issues: (1) Treating the Contributions and the Holdings Transaction as two separate and distinct transactions, was Taxpayer required to recognize gain, pursuant to § 367(a)(1), on the transfer of the 10/50 Corporations to Holdings? (2) Treating the Contributions and the Holdings Transaction as two separate and distinct transactions, what are the § 367(a) and (b) consequences of the transfer of the CFC stock to Holdings? (3) Should the step-transaction doctrine be applied to amalgamate into one transaction the Contributions and the Holdings Transaction? (4) Treating the Contributions and the Holdings Transaction as one transaction, was Taxpayer required to recognize gain realized on the transfer of the shares of the CFCs and 10/50 Corporations to Holdings pursuant to § 367(a)? |
| 200221045(PDF, 23K) |
5/24/2002 |
| Issue: Whether the securing of a Form 900 waiver that extends the statute of limitations for the collection of a pre-petition tax liability (a “Tax Collection Waiver”), while the automatic stay is in effect, violates the automatic stay and therefore voids the Tax Collection Waiver. |
| 200221044(PDF, 8K) |
5/24/2002 |
| This is in response to a letter dated September 25, 2001, requesting a ruling that Deconsolidated be permitted to change to the tax book value method of asset valuation for purposes of apportioning interest expense for tax years beginning on or after Date 1, 2002. Additional information was received in a letter dated December 17, 2001. |
| 200221043(PDF, 9K) |
5/24/2002 |
| This is in response to a letter dated September 25, 2001, requesting a ruling that Newco be permitted to change to the tax book value method of asset valuation for purposes of apportioning interest expense for tax years beginning on or after Date 1, 2002. Additional information was received in a letter dated December 17, 2001. |
| 200221042(PDF, 19K) |
5/24/2002 |
| This responds to a letter dated August 16, 2001, and subsequent correspondence, written on behalf of the Trust, requesting rulings on a proposed division of Trust under § § 664, 2516, and 1001 of the Internal Revenue Code. |
| 200221041(PDF, 40K) |
5/24/2002 |
| This letter responds to a letter dated October 16, 2000 and subsequent correspondence, submitted on behalf of P by its authorized representative, requesting rulings under § 29 and 702 of the Internal Revenue Code. |
| 200221040(PDF, 6K) |
5/24/2002 |
| This replies to a letter dated September 14, 2001, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file Form 8279, Election To Be Treated as a FSC or as a Small FSC, pursuant to Temp. Treas. Reg. § 1.921-1T(b)(1), Q&A 1, effective for the tax year beginning on Date A. Additional information was submitted in a letter dated February 4, 2002. The information submitted for consideration is substantially as set forth below. |
| 200221039(PDF, 8K) |
5/24/2002 |
| This is in response your letter dated August 30, 2001, as amended by a letter dated August 30, 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. |
| 200221038(PDF, 7K) |
5/24/2002 |
| This letter responds to a letter dated November 8, 2001, submitted on behalf of Y, requesting a ruling that it be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations in which to elect to be treated as an association taxable as a corporation for federal tax purposes under § 301.7701-3(c). |
| 200221037(PDF, 8K) |
5/24/2002 |
| This is in response to your letter dated November 29, 2001 requesting a ruling under § 877(c) of the Internal Revenue Code of 1986 that A’s loss of 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. |
| 200221036(PDF, 19K) |
5/24/2002 |
| This is in reply to the Date A letter, filed on your behalf by your representative. The letter requests that we rule that the holding of beneficial interests in a regulated investment company (a RIC), within the meaning of § 851(a) of the Internal Revenue Code, by a segregated asset account of Taxpayer supporting variable life insurance and/or variable annuity contracts will not cause the RIC to be ineligible for application of the look-through rule set forth in § 817(h)(4) and Treasury Regulation § 1.817-5(f)(1). For the reasons discussed below, we conclude that the look-through rule applies to the RIC even though Taxpayer is a fraternal beneficiary society exempt from tax under § 501(c)(8). |
| 200221035(PDF, 19K) |
5/24/2002 |
| This responds to a letter dated February 15, 2002, together with prior correspondence, requesting rulings under §1361 of the Internal Revenue Code. |
| 200221034(PDF, 5K) |
5/24/2002 |
| This letter responds to your letter, dated December 18, 2001, written on behalf of Company requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200221033(PDF, 6K) |
5/24/2002 |
| This responds to a letter dated December 15, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200221032(PDF, 28K) |
5/24/2002 |
| This letter responds to the letter dated November 6, 2001 and prior correspondence, submitted on behalf of Trust, requesting a ruling under §§ 61, 1001, 1015, 1223, 2501, and 2601 of the Internal Revenue Code. |
| 200221031(PDF, 6K) |
5/24/2002 |
| This letter is in response to your request, dated December 12, 2001, on behalf of X, seeking a private letter ruling granting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200221030(PDF, 8K) |
5/24/2002 |
| This letter responds to your representative’s letter dated May 7, 2002 submitted on behalf of X requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations for X to elect to be treated as an association taxable as a corporation for federal tax purposes and relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200221029(PDF, 6K) |
5/24/2002 |
| This letter responds to a letter dated November 28, 2001, from your authorized representative requesting, on behalf of X, a ruling under § 1362(b)(5) of the Internal Revenue Code |
| 200221028(PDF, 6K) |
5/24/2002 |
| This letter responds to a letter dated August 16, 2001, and subsequent correspondence, requesting a ruling on behalf of Corporation under § 1362(b)(5) of the Internal Revenue Code. |
| 200221027(PDF, 10K) |
5/24/2002 |
| We received your letter dated May 18, 2001, and subsequent correspondence, requesting a ruling on behalf of Taxpayer that rental income earned by Taxpayer at Properties will not be treated as passive investment income under § 1362(d)(3) of the Internal Revenue Code. This letter responds to your request. |
| 200221026(PDF, 6K) |
5/24/2002 |
| This letter responds to a letter, dated October 29, 2001, from your authorized representative requesting, on behalf of X, a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200221025(PDF, 6K) |
5/24/2002 |
| This private letter ruling responds to your request, dated December 21, 2001, on behalf of X, for a written determination granting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200221024(PDF, 6K) |
5/24/2002 |
| This responds to your letter dated October 10, 2001, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200221023(PDF, 6K) |
5/24/2002 |
| This letter responds to a letter dated October 29, 2001, together with subsequent correspondence, submitted on behalf of X, requesting a ruling under §1362(b)(5) of the Internal Revenue Code. |
| 200221022(PDF, 8K) |
5/24/2002 |
| This letter responds to your letter dated September 19, 2001, and subsequent correspondence on behalf of X, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations for X to file an election to be treated as an association taxable as a corporation for federal tax purposes. |
| 200221021(PDF, 22K) |
5/24/2002 |
| This letter responds to your request for a letter ruling, on behalf of A and B, regarding the change in title of B’s stock certificates. You request rulings that (1) no gain or loss will be recognized to A or B as a result of the change in title, and (2) the change in title does not constitute a gift for gift tax purposes. |
| 200221020(PDF, 8K) |
5/24/2002 |
| This responds to a letter dated July 24, 2001, and additional correspondence, submitted on behalf of Partnership requesting a ruling under § 775 of the Internal Revenue Code. |
| 200221019(PDF, 12K) |
5/24/2002 |
| This is in response to a request for a ruling that Taxpayer’s first retail sales of the vehicles described below will not be subject to the 12 percent excise tax imposed by § 4051(a)(1) of the Internal Revenue Code. This request was submitted on your behalf by your authorized representative. |
| 200221018(PDF, 41K) |
5/24/2002 |
| Issues: There are two Issues: addressed in this memorandum. First, whether Y8 qualifies as a dual resident corporation. Second, whether the Taxpayer has provided sufficient information to prove that the losses of its other entities meet the exception to the definition of a dual consolidated loss under Treasury Regulation § 1.1503-2(c)(5)(ii)(A). |
| 200221017(PDF, 26K) |
5/24/2002 |
| Issue: Whether the Date a deconsolidation of Sub A through the termination of its § 1504(d) election results in a “transfer” by Sub A’s Country A qualified business unit (hereinafter “QBU”) to Sub A that triggers a foreign currency loss under §1.985-3(d). |
| 200221016(PDF, 44K) |
5/24/2002 |
| Issue: How are Taxpayer’s offshore supply vessels and marine support vessels that are bareboat-chartered to subsidiaries and then time-chartered to unrelated companies in the offshore energy industry and other business activities classified for depreciation purposes under § 168 of the Internal Revenue Code? |
| 200221015(PDF, 10K) |
5/24/2002 |
| This is in response to a request for a ruling that Taxpayer’s sales of the X and Y articles described below are not subject to the excise tax imposed on sport fishing equipment by § 4161(a) of the Internal Revenue Code. This request was submitted on your behalf by your authorized representative. |
| 200221014(PDF, 12K) |
5/24/2002 |
| This is in reply to a letter dated August 14, 2001, submitted on behalf of X, requesting relief under §1362(f) of the Internal Revenue Code. |
| 200221013(PDF, 6K) |
5/24/2002 |
| This letter responds to a letter dated November 13, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200221012(PDF, 6K) |
5/24/2002 |
| This responds to a letter dated October 9, 2001, submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200221011(PDF, 9K) |
5/24/2002 |
| This letter responds to your letter dated September 13, 2001, and subsequent correspondence, submitted by you as the authorized representative of Estate, requesting a ruling under § 642 of the Internal Revenue Code. |
| 200221010(PDF, 28K) |
5/24/2002 |
| Issues: (1) Whether Taxpayer’s method of accounting is a permissible method when it includes in inventoriable costs an estimated amount of a liability that does not meet the requirements of Treasury Regulation §§ 1.446-1(c)(1)(ii)(A) and (B). (2) Whether the all-events test and the economic performance requirement set forth in Treas. Reg. § 1.446-1(c)(1)(ii)(A) and (B) are valid regulations in their application to inventoriable costs. |
| 200221009(PDF, 15K) |
5/24/2002 |
| This letter responds to your letter dated June 28, 2001, requesting rulings concerning the federal income tax consequences of a proposed transaction. |
| 200221008(PDF, 47K) |
5/24/2002 |
| Issues: (1) Should the Treasury rate lock agreement between Bank and Taxpayer be viewed as a hedging transaction entered into by Taxpayer and subject to the accounting rules of Treasury Regulation § 1.446-4? (2) Did Taxpayer suffer a loss that can be recognized under § 165 when it settled the Treasury rate lock agreement? |
| 200221007(PDF, 6K) |
5/24/2002 |
| This responds to your letter dated January 23, 2002, submitted on behalf of X requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200221006(PDF, 22K) |
5/24/2002 |
| Issue: Whether the Service may rely on a consent to extend the period of limitations obtained from the taxpayer if the Service did not comply with the notice requirements of § 6501(c)(4)(B). |
| 200221005(PDF, 6K) |
5/24/2002 |
| This responds to the Private Letter Ruling request dated December 26, 2001, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200221004(PDF, 38K) |
5/24/2002 |
| Issues: (1) Under the cInternal Revenue Codeumstances described herein, when does the period of limitations on assessment expire with respect to Taxpayer’s taxable years Year 1, Year 2, Year 3, and Year 4? (2) Under the cInternal Revenue Codeumstances described herein, did Taxpayer file a timely refund claim for Year 3? |
| 200221003(PDF, 6K) |
5/24/2002 |
| This responds to the Private Letter Ruling request dated January 2, 2002, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200221002(PDF, 32K) |
5/24/2002 |
| Issue: In sentencing X and Y after they were convicted of violating 7206(1) of the Internal Revenue Code for Years 3, 4, and 5, a court found that they did not willfully fail to report certain income for those years. Does this finding preclude the Commissioner of Internal Revenue from asserting a civil fraud penalty against X and Y for failing to report that income? |
| 200220026(PDF, 43K) |
5/17/2002 |
| Issues: (1) Is a minor child legally bound by a compromise agreement that the child enters into with the Internal Revenue Service under § 7122 of the Internal Revenue Code? (2) Is a minor child legally bound by a compromise agreement signed on behalf of the child by a parent or by the legal guardian of the child’s property? (3) May a parent compromise the parent’s liability under § 6201(c) of the Internal Revenue Code? Would such a compromise have any effect on the child’s liability? |
| 200220025(PDF, 14K) |
5/17/2002 |
| This letter responds to a letter dated November 8, 2001, submitted on behalf of Purchaser, requesting an extension of time under §301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Purchaser is requesting an extension to file a “§338 election” under §338(g) 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.) Additional information was received in a letter dated January 9, 2002. The material information is summarized below. |
| 200220024(PDF, 7K) |
5/17/2002 |
| This letter responds to a letter dated September 7, 2001, from your authorized representative, as well as subsequent correspondence, requesting a ruling that the rental income received by Company from the Property is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 200220023(PDF, 6K) |
5/17/2002 |
| This responds to your request dated December 19, 2001, submitted on behalf of X requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200220022(PDF, 6K) |
5/17/2002 |
| This responds to your request dated January 7, 2002, submitted on behalf of X requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200220021(PDF, 5K) |
5/17/2002 |
| This responds to your letter dated December 8, 2001, submitted on behalf of X, requesting relief for an untimely subchapter S election under §1362(b)(5) of the Internal Revenue Code. |
| 200220020(PDF, 17K) |
5/17/2002 |
| This letter responds to your authorized representative's letter dated July 20, 2001, in which rulings were requested as to certain federal income tax consequences of a proposed transaction. Additional information was submitted on October 4, 2001, November 14, 2001 and November 16, 2001. |
| 200220019(PDF, 13K) |
5/17/2002 |
| This letter responds to your authorized representative’s letter dated October 5, 2001, and subsequent correspondence, submitted on behalf of Taxpayer, requesting a ruling that redemption of the Project's tax-exempt financing at any time after the date on which the Project is placed in service for all purposes under § 42 of the Internal Revenue Code will not, in and of itself, result in a determination that the Project was not financed by tax-exempt bonds for purposes of § 42(h)(4)(B). |
| 200220018(PDF, 10K) |
5/17/2002 |
| This responds to a letter from your authorized representative, dated September 20, 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 extension is being requested for Parent and Sub to make an election to file a consolidated federal income tax return, with Parent as the common parent, under § 1.1502-75(a)(1) of the Income Tax Regulations (hereinafter referred to as “the Election”), effective for the taxable year ending on Date (1) The material information submitted for consideration is summarized below. |
| 200220017(PDF, 8K) |
5/17/2002 |
| This is in response to your letter dated December 12, 2001, 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. |
| 200220016(PDF, 16K) |
5/17/2002 |
| This responds to a letter dated November 30, 2001 submitted on behalf of the Parent consolidated group requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as the common parent of an affiliated group of corporations that file a consolidated Federal income tax return (the “Group”)) is requesting an extension to file a “closing-of-the-books election” pursuant to § 1.382-6(b) of the Income Tax Regulations (the “Election”), with respect to a transaction that occurred on Date (3) Additional information was received in a letter dated January 10, 2002. The material information is summarized below. |
| 200220015(PDF, 26K) |
5/17/2002 |
| We received your representative’s letter, dated June 8, 2000, and subsequent correspondence, requesting a ruling regarding the federal gift tax consequences of a grantor retained annuity trust. This letter responds to your request. |
| 200220014(PDF, 26K) |
5/17/2002 |
| We received your representative’s letter, dated June 8, 2000, and subsequent correspondence, requesting a ruling regarding the federal gift tax consequences of a grantor retained annuity trust. This letter responds to your request. |
| 200220013(PDF, 13K) |
5/17/2002 |
| This letter responds to a letter dated September 24, 2001, 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’s Common 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)-1T(c) 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.) Additional information was received in letters dated December 11, 2001, and January 28, 2002. The material information is summarized below. |
| 200220012(PDF, 8K) |
5/17/2002 |
| This is in response to a letter dated October 10, 2001, requesting a ruling that Corp A and its subsidiaries be permitted to change to the tax book value method of asset valuation for purposes of apportioning interest expense for their tax year ending on Date 1, 2001. |
| 200220011(PDF, 16K) |
5/17/2002 |
| This letter responds to your authorized representative’s letter, dated March 21, 2002, submitted on behalf of Purchaser and Sellers, 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.) Additional information was received in a letter dated April 26, 2002. The material information is summarized below. |
| 200220010(PDF, 23K) |
5/17/2002 |
| This letter is in reply to your letters dated October 5, 2001, October 24, 2001, January 16, 2002 and February 1, 2002 requesting rulings as to the federal income tax consequences of a proposed transaction. |
| 200220008(PDF, 10K) |
5/17/2002 |
| This letter responds to a letter dated May 22, 2001, and subsequent correspondence, written on behalf of Y, requesting that the Service grant Y an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to elect to treat X and Sub2 as qualified subchapter S subsidiaries under § 1361(b)(3) of the Internal Revenue Code. |
| 200220007(PDF, 6K) |
5/17/2002 |
| This responds to your letter dated October 1, 2001, submitted on behalf of X as X’s authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200220006(PDF, 11K) |
5/17/2002 |
| This responds to your September 13, 2001 memorandum requesting advice as to the capitalization of Taxpayer’s expenditures to develop insurance products. Specifically, you ask whether these expenditures were for the development of “new” insurance products and, if so, whether they should be capitalized or expensed. |
| 200220005(PDF, 90K) |
5/17/2002 |
| Issues: Whether Corp 1’s sales income is foreign base company sales income can be divided into the following Issues: (1) Whether § 954(d)(1) of the Internal Revenue Code applies to purchases of raw materials and sales of finished product. (2) Whether the branch rule of § 954(d)(2) would apply to treat Corp 1's sales income as foreign base company sales income even if Corp 1 were able to satisfy the manufacturing exception. (3) Whether Corp 1 satisfies the manufacturing exception of Treasury Regulation §1.954-3(a)(4). A. Whether Corp 1 satisfies the manufacturing exception because Corp 1 through its own activities, can be considered to have manufactured the goods it sold. B. Whether Corp 1 can satisfy the manufacturing exception by attributing to itself the activities of the consignment manufacturing affiliates or the manufacturing oversight affiliate. i. Whether the code or regulations provide an independent basis for attributing contract manufacturing activities to a controlled foreign corporation (CFC). ii. Whether Rev. Rul. 97-48 permits the attribution of the activities of the consignment manufacturing affiliates or the manufacturing oversight affiliate, under the principles of Rev. Rul. 75-7, for the years at issue. a. Whether, for pre-1997 tax years, Rev. Rul. 97-48 permits the attribution of the activities of a contact manufacturer without the requirement to apply the branch rule. b. Whether Corp 1 satisfies the factors set forth in Rev. Rul. 75-7, which allow for the activities of the consignment manufacturing affiliates or the manufacturing oversight affiliate to be attributed to Corp 1. iii. Whether Corp 1 satisfies the manufacturing exception because an agency theory provides support for attributing contract manufacturing activities to a CFC under § 954(d). iv. Whether Corp 1 satisfies the manufacturing exception because case law provides a basis for attributing contract manufacturing activities to a CFC under § 954(d). |
| 200220004(PDF, 5K) |
5/17/2002 |
| This responds to a letter dated December 26, 2001, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200220003(PDF, 6K) |
5/17/2002 |
| This responds to a letter dated October 4, 2001, together with subsequent correspondence, submitted by X’s authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200220002(PDF, 28K) |
5/17/2002 |
| Issues: Whether a taxpayer may waive the right to receive a copy of any notices or other written communications when the original version of the communication has been sent to the taxpayer’s power of attorney pursuant to a Form 2848, Power of Attorney and Declaration of Representation. |
| 200220001(PDF, 28K) |
5/17/2002 |
| Issue: Whether a taxpayer may waive the right to receive a copy of any notices or other written communications when the original version of the communication has been sent to the taxpayer’s power of attorney pursuant to a Form 2848, Power of Attorney and Declaration of Representation. |
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