2002 Chief Counsel's
Written Determinations
200225000 to 200229999
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.
| 200229056(PDF, 108K) |
4/26/2002 |
| 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. |
| 200229055(PDF, 24K) |
4/26/2002 |
| 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. |
| 200229054(PDF, 25K) |
4/26/2002 |
| 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. |
| 200229053(PDF, 56K) |
4/25/2002 |
| This is in response to your letter dated January 10, 2002, in which you requested certain rulings with respect to a proposed transfer of all of the assets of B to C. |
| 200229052(PDF, 69K) |
4/25/2002 |
| This is in response to your letter dated January 10, 2002, in which you requested certain rulings with respect to a proposed transfer of all of the assets of B to C. |
| 200229051(PDF, 35K) |
4/24/2002 |
| This letter is in response to a request for a ruling letter submitted on your behalf by your authorized representative on December 5, 2000, and modified by correspondence dated March 21, 2002. The requested ruling concerns the applicability of § 415(n) of the Internal Revenue Code to certain inactive members who are fully vested participants in Plan X and wish to make voluntary contributions to Plan X in order to purchase Program Z enhancements. The following facts and representations have been submitted on your behalf: |
| 200229050(PDF, 151K) |
4/24/2002 |
| This is in reply to a request for rulings submitted on August 19, 1999, as revised on November 20, 2000, and supplemented on March 22, 2001, February 8, 2002, and March 25, 2002, concerning a proposed commingling arrangement for funds of retirement income accounts described in § 403(b) (9) of the Internal Revenue Code (the "Code") with assets of plans that are qualified under § 401(a) of the Code and assets of Church A's Endowment Funds. |
| 200229049(PDF, 32K) |
4/23/2002 |
| This letter constitutes notice that with respect to the above-named defined benefit pension plan we have granted a conditional waiver of the minimum funding standard for the plan year ended September 30. |
| 200229048(PDF, 27K) |
4/23/2002 |
| This letter modifies a private letter ruling, number 200211047, issued to you on December 17, 2001 on behalf of B, C, D, and E, concerning the federal income and estate tax consequences of certain transactions under § 408 and 401(a)(9) of the Internal Revenue Code, with respect to Individual Retirement Account (“IRA”) distributions following the death of Decedent A. |
| 200229047(PDF, 5K) |
7/19/2002 |
| This responds to your letter dated January 30, 2002, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200229046(PDF, 31K) |
7/19/2002 |
| This is in response to your letter dated January 11, 2002, and prior correspondence submitted in which you requested rulings on behalf of Decedent’s estate concerning the proposed division of Trust. |
| 200229045(PDF, 6K) |
7/19/2002 |
| This letter is in response to your request, dated January 28, 2002, submitted on behalf of X, seeking a written determination granting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200229044(PDF, 8K) |
7/19/2002 |
| This replies to your letter dated October 5, 2001, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the annual certification described in § 1.1503-2(g)(2)(vi)(B) with respect to the dual consolidated losses of FB and Entity for the respective tax years as we have listed them on “Schedule A”, which we have attached to and made part of this ruling letter. The information submitted for consideration is substantially as set forth below. |
| 200229043(PDF, 23K) |
7/19/2002 |
| This letter responds to your request, dated August 7, 2001, requesting rulings under § 301.9100-1 of the Procedure and Administration Regulations. |
| 200229042(PDF, 18K) |
7/19/2002 |
| This is in response to your letter dated June 11, 2001 in which you requested rulings under § 2601 of the Internal Revenue Code. |
| 200229041(PDF, 9K) |
7/19/2002 |
| This is in response to your letter dated June 11, 2001 in which you requested rulings under § 2601 of the Internal Revenue Code. |
| 200229040(PDF, 9K) |
7/19/2002 |
| This replies to a letter dated September 17, 2001, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreement described in § 1.1503-2(g)(2)(i) and the annual certification described in § 1.1503-2(g)(2)(vi)(B) with respect to the dual consolidated losses of the Entities and the respective tax years as we have listed them on “Schedule A”, which we have attached and made part of this ruling letter. The information submitted for consideration is substantially as set forth below. |
| 200229039(PDF, 9K) |
7/19/2002 |
| This responds to your letter dated December 17, 2001, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code and an extension of time under § 301.9100-1(c) of the Procedure and Administration Regulations to elect to treat Y as a qualified subchapter S subsidiary for federal tax purposes. |
| 200229038(PDF, 7K) |
7/19/2002 |
| This letter responds to a letter dated December 7, 2001, and subsequent correspondence submitted on behalf of X, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations for X to elect to treat Sub1 as a Qualified Subchapter S Subsidiary under § 1361(b)(3) of the Internal Revenue Code. |
| 200229037(PDF, 7K) |
7/19/2002 |
| This letter responds to a letter dated December 7, 2001, and subsequent correspondence submitted on behalf of Y, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations for Y to elect to treat Sub2 as a Qualified Subchapter S Subsidiary under § 1361(b)(3) of the Internal Revenue Code. |
| 200229036(PDF, 12K) |
7/19/2002 |
| This responds to your letter dated January 4, 2001, submitted on behalf of X, requesting a ruling that the rental income received by X in the course of its operations from the properties P1 through P19 is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 200229035(PDF, 7K) |
7/19/2002 |
| This letter responds to LLC’s submission dated April 5, 2001, and subsequent correspondence, requesting an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations for X and Y to file a election to be treated as partnerships for federal tax purposes under § 301.7701-3(c). |
| 200229034(PDF, 12K) |
7/19/2002 |
| This is in response to your letter of December 4, 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. |
| 200229033(PDF, 19K) |
7/19/2002 |
| This is in response to your letter dated December 17, 2001, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make an allocation of Taxpayer’s generation-skipping transfer (“GST”) tax exemption. |
| 200229032(PDF, 19K) |
7/19/2002 |
| This is in response to your letter dated December 17, 2001, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make an allocation of Taxpayer’s generation-skipping transfer (“GST”) tax exemption. |
| 200229031(PDF, 16K) |
7/19/2002 |
| This ruling responds to letters dated January 9, 2002 and April 8, 2002, submitted by your authorized representative, requesting an extension of time, under § 301.9100-3 of the Procedure and Administration Regulations, for Taxpayer to make elections under § 198 of the Internal Revenue Code to expense qualified environmental remediation expenditures for its Year 2 and Year 3 taxable years. |
| 200229030(PDF, 12K) |
7/19/2002 |
| This replies to your letter on behalf of Parent, dated December 7, 2001, in which you requested a ruling on the definition of “United States property” under § 956(c)(1)(D) of the Internal Revenue Code as it relates to computer programs under § 1.861-18 of the Income Tax Regulations. |
| 200229029(PDF, 9K) |
7/19/2002 |
| This replies to a letter dated October 26, 2001, requesting that Taxpayer be granted an extension of time under Treasury Regulation § 301.9100-3 with respect to the following: (i) to file with its tax return for the tax year ended on FYE A the election and agreement required by § 1.1503-2(g)(2)(i) with respect to the dual consolidated losses incurred by Entity in the tax year ended on FYE A; (ii) to file with its tax return for the tax year ended on FYE B the election and agreement required by § 1.1503-2(g)(2)(i) with respect to the dual consolidated losses incurred by Entity in the tax year ended on FYE B, and to file the annual certification required by § 1.1503-2(g)(2)(vi)(B) with respect to the dual consolidated losses incurred by Entity in the tax year ended on FYE A; and (iii) to file with its tax return for the tax year ended on FYE C annual certifications required by § 1.1503-2(g)(2)(vi)(B) with respect to the dual consolidated losses incurred by Entity in tax years ended on FYE A and FYE B. The information submitted for consideration is substantially as set forth below. |
| 200229028(PDF, 8K) |
7/19/2002 |
| This private letter ruling responds to your request, dated February 7, 2002, submitted on behalf of X, seeking a written determination granting an extension of time to file a § 754 election under § 9100 of the Internal Revenue Code. |
| 200229027(PDF, 8K) |
7/19/2002 |
| This responds to a letter dated December 4, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling that certain rental income of X is not passive investment income as defined under § 1362(d)(3) of the Internal Revenue Code. |
| 200229026(PDF, 6K) |
7/19/2002 |
| This letter responds to your letter dated October 11, 2001, as well as subsequent correspondence, requesting on behalf of Company a ruling under § 1362(b)(5) of the Internal Revenue Code regarding Company's late S corporation election. |
| 200229025(PDF, 25K) |
7/19/2002 |
| This is in response to a letter dated December 4, 2001, submitted on behalf of Distributing, requesting rulings under §§ 355 and 368 of the Internal Revenue Code with respect to a proposed transaction. Additional information was received in letters dated February 11, 2002, and March 8, 2002. |
| 200229024(PDF, 10K) |
7/19/2002 |
| This letter responds to your letter dated March 20, 2001, and subsequent correspondence submitted on behalf of X, requesting inadvertent termination relief under § 1362(f) of the Internal Revenue Code. |
| 200229023(PDF, 6K) |
7/19/2002 |
| This letter responds to a letter, dated November 26, 2001, from your authorized representative requesting, on behalf of X, a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200229022(PDF, 7K) |
7/19/2002 |
| This replies to your letter dated September 12, 2001, submitted on behalf of Taxpayer, requesting that Taxpayer be granted an extension of time under Treasury Regulation § 301.9100-3 to file an annual certification described in § 1.1503-2(g)(2)(vi)(B) for the tax year ended on Date A with respect to the losses of Entity occurring in the tax year ended on Date B. The information submitted for consideration is substantially as set forth below. |
| 200229021(PDF, 25K) |
7/19/2002 |
| In accordance with § 8.07(2)(a) of Rev. Proc. 2001-1, 2001-1 I.R.B. 1, 43, this Chief Counsel Advice advises you that consent for a change in accounting method has been denied to a taxpayer within your jurisdiction. Pursuant to § 6110 (k)(3), this Chief Counsel Advice is not to be cited as precedent. |
| 200229020(PDF, 32K) |
7/19/2002 |
| Issues: (1) Whether the Refunding Bonds are arbitrage bonds under § 148(a) of the Internal Revenue Code because an artifice or device was employed within the meaning of Treasury Regulation § 1.103-13(j). (2) Whether the Refunding Bonds were issued in connection with a device employed to obtain a material financial advantage (based on arbitrage) apart from savings attributable to lower interest rates as described in § 149(d)(4) of the Code. |
| 200229019(PDF, 27K) |
7/19/2002 |
| This responds to your request dated August 14, 2001, and supplemented by letters dated February 26, 2002, March 19, 2002, and March 27, 2002, for a private letter ruling concerning whether Taxpayer may apply the principles of Rev. Proc. 65-17, 1965- 1 C.B. 833, in accordance with Rev. Proc. 99-32, 1999-2 C.B. 296, under the cInternal Revenue Codeumstances described below. |
| 200229018(PDF, 33K) |
7/19/2002 |
| This is in response to your July 23, 2001 letter and other correspondence requesting rulings concerning the income, gift, estate, and generation-skipping transfer tax consequences of the proposed severance of the Marital Trust. |
| 200229017(PDF, 10K) |
7/19/2002 |
| This is in reply to your request for a letter ruling directed to the Employee Plans Division of the Internal Revenue Service on behalf of the Plan. Your letter presented two specific ruling requests. The Employee Plans division has advised us that ruling request 2 has been withdrawn. They asked that we respond to ruling request 1, concerning whether supplemental contributions to the Plan made by the Employer pursuant to a collective bargaining agreement are “wages” for purposes of the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA). |
| 200229016(PDF, 12K) |
7/19/2002 |
| This is in reply to a request for a ruling concerning whether for purposes of § 162(m) of the Internal Revenue Code, certain amendments to Company’s Plan made after February 17, 1993, will constitute material modifications. |
| 200229015(PDF, 20K) |
7/19/2002 |
| This letter responds to your letter, dated January 23, 2002, submitted on behalf of Distributing requesting rulings under § 355 of the Internal Revenue Code with respect to a proposed transaction. Additional information was submitted in a letter dated March 11, 2002. The information submitted is summarized below. |
| 200229014(PDF, 12K) |
7/19/2002 |
| This letter is in response to your letter dated December 6, 2001, requesting a ruling that you may include your share of the costs of a shoreline stabilization project in the adjusted basis of X, the residence that you sold in March 2001. |
| 200229013(PDF, 41K) |
7/19/2002 |
| This letter responds to your letter dated March 14, 2001, submitted by you as the authorized representative of A, B, and C, requesting certain rulings under the Internal Revenue Code. |
| 200229012(PDF, 8K) |
7/19/2002 |
| This is in response to your letter dated June 14, 2001, requesting a ruling that A’s renunciation of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated November 20, 2001, and March 19, 29, and April 12, 2002. The information submitted for consideration is substantially as set forth below. |
| 200229011(PDF, 19K) |
7/19/2002 |
| Issue: Whether a payor can satisfy the § 6001 “books and records” requirement by imaging its paper Forms W-8 and W-9 and storing the images in an electronic storage system. |
| 200229010(PDF, 55K) |
7/19/2002 |
| This letter responds to a letter, dated December 12, 2000, and subsequent submissions, requesting a private letter ruling concerning the tax consequences of the sale of a nuclear power plant and associated assets and liabilities, including nuclear decommissioning liability, between Seller and Buyer. Specifically, you have requested rulings regarding the tax consequences under § 468A of the Internal Revenue Code to Seller’s nuclear decommissioning funds and Buyer’s nuclear decommissioning funds as well as rulings regarding the proper realization and recognition of gain and loss on the sale of the nuclear power plant and associated assets. |
| 200229009(PDF, 55K) |
7/19/2002 |
| This letter responds to a letter, dated December 12, 2000, and subsequent submissions, requesting a private letter ruling concerning the tax consequences of the sale of a nuclear power plant and associated assets and liabilities, including nuclear decommissioning liability, between Seller and Buyer. Specifically, you have requested rulings regarding the tax consequences under § 468A of the Internal Revenue Code to Seller’s nuclear decommissioning funds and Buyer’s nuclear decommissioning funds as well as rulings regarding the proper realization and recognition of gain and loss on the sale of the nuclear power plant and associated assets. |
| 200229008(PDF, 62K) |
7/19/2002 |
| Issues: (1) What is the legal status of Tribe B and its Tribal Council? (2) What informal procedures should be followed to contact Tribe B, its Tribal Council, and/or members of Tribe B prior to serving subpoenas for testimony and/or records? (3) Does the United States Tax Court have the power to enforce a subpoena served on Tribe B, its Tribal Council, and/or the members of Tribe B, in a case where Tribe B is not a party but a participant in the transaction? (4) If the Tax Court has such power, on whom should a subpoena for testimony and/or records be served, and how should service be made if Tribe B, its Tribal Council, and/or member of Tribe B will not voluntarily accept service? (5) Other than a Tax Court subpoena, what, if any, procedures are available for obtaining testimony and/or documents from Tribe B, its Tribal Council, and/or members of Tribe B? (6) Can we employ letters rogatory to seek, through the Tribal Court, information from Tribe B, the Tribal Council, and/or members of Tribe B? (7) Can a subpoena for documents, served on Tribe B’s attorney’s and accountants (who are not members of Tribe B) be enforced? |
| 200229007(PDF, 21K) |
7/19/2002 |
| This Chief Counsel Advice responds to your memorandum dated January 7, 2002. In accordance with Internal Revenue Code § 6110(k)(3), this Chief Counsel Advice should not be cited as precedent. |
| 200229006(PDF, 32K) |
7/19/2002 |
| Issue: Whether Promoter’s lease-in/lease-out (LILO) transactions may be aggregated for purposes of § 6111(c)(4). |
| 200229005(PDF, 17K) |
7/19/2002 |
| This letter is in reply to your letters dated November 30, 2001, January 24, 2002, February 1, 2002 and February 15, 2002. |
| 200229004(PDF, 9K) |
7/19/2002 |
| This is in response to your letter of October 17, 2001 in which you asked for consent to revoke an election you made under § 83(b) of the Internal Revenue Code. |
| 200229003(PDF, 9K) |
7/19/2002 |
| This letter responds to your letter dated November 28, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling that rental income received by X will not constitute “passive investment income” within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 200229002(PDF, 9K) |
7/19/2002 |
| This is in response to a request submitted by Agency for an extension of time under § 301.9100-1 of the Procedure and Administrative Regulations to file Form 8328 (Carryforward Election of Unused Private Activity Bond Volume Cap) to make a carryforward election under § 146(f) of the Internal Revenue Code with respect to $a of Agency's unused Year 1 volume cap for Project. |
| 200229001(PDF, 25K) |
4/19/2002 |
| This responds to your request for a ruling submitted in a letter dated July 19, 2001, and subsequent correspondence on behalf of Entity X concerning X's proposed nonqualified deferred compensation plan (the "Plan") and a related trust (the "Trust"). You represent that X is exempt from federal income tax under § 501(c)(3) of the Internal Revenue Code and that it is a public charity within the meaning of § 509(a) of the Code. The Plan is designed to be an ineligible deferred compensation plan within the meaning of § 457(f) of the Code and to benefit solely X's president, Employee A. You represent that A is a member of a "select group of management or highly compensated employees" of X. |
| 200228035(PDF, 82K) |
4/19/2002 |
| This is in response to the letter, submitted by your authorized representative on your behalf, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. |
| 200228034(PDF, 37K) |
4/18/2002 |
| This is in response to X's ruling request dated August 22, 2001, requesting advance approval of its scholarship grants procedures under § 4945(g)(l) of the Code. |
| 200228033(PDF, 74K) |
4/18/2002 |
| This is in reference to a ruling request dated August 3, 2000 submitted by counsel for B, C, and D concerning a proposed transfer of the assets of B (the “Foundation”) to two newly formed non-profit corporations. |
| 200228032(PDF, 73K) |
4/18/2002 |
| This is in reference to a ruling request dated August 3, 2000 submitted by counsel for B, C, and D concerning a proposed transfer of the assets of B (the “Foundation”) to two newly formed non-profit corporations. |
| 200228031(PDF, 71K) |
4/18/2002 |
| This is in reference to a ruling request dated August 3, 2000 submitted by counsel for B, C, and D concerning a proposed transfer of the assets of B (the “Foundation”) to two newly formed non-profit corporations. |
| 200228030(PDF, 85K) |
4/17/2002 |
| This is in reply to your rulings request of May 29, 2001, on P's proposed transfer of approximately one-half of its assets to R and S pursuant to § 507(b)(2) of the Internal Revenue Code. |
| 200228029(PDF, 70K) |
4/16/2002 |
| This is in reference to your ruling request dated September 25, 2001 concerning the federal income and excise tax consequences of proposed payments by the Trust to a corporation for certain services described below. |
| 200228028(PDF, 58K) |
4/16/2002 |
| This is in reference to your ruling request dated September 25, 2001 concerning the federal income and excise tax consequences of proposed payments by the Trust to a corporation for certain services described below. |
| 200228027(PDF, 48K) |
4/16/2002 |
| This is in reference to your ruling request dated September 25, 2001 concerning the federal income and excise tax consequences of proposed payments by the Trust to a corporation for certain services described below. |
| 200228026(PDF, 64K) |
4/16/2002 |
| This is in reference to your ruling request dated September 25, 2001 concerning the federal income and excise tax consequences of proposed payments by the Trust to a corporation for certain services described below. |
| 200228025(PDF, 76K) |
4/18/2002 |
| Issues: (1) That a transfer of the IRA Accounts in a custodian to trustee transfer to one or more special IRA accounts in the name of Trustor with Bank X as IRA trustee, payable to Bank X as trustee of Trust X for the benefit of all primary and Contingent Beneficiaries thereof is not a taxable distribution. (2) That commencing in the year 2000, the required minimum distributions from the IRA Accounts payable to Bank X as trustee of Trust X must be based on the life expectancy of the oldest beneficiary, including Contingent Beneficiaries, named in Trust X. |
| 200228024(PDF, 91K) |
4/10/2002 |
| This is in response to a letter dated February 24,2002, as supplemented by correspondence dated March 8, 2002, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. You submitted the following facts and representations in connection with your request. |
| 200228023(PDF, 89K) |
4/15/2002 |
| This is in response to the request for letter ruling submitted on your behalf by your authorized representative, as supplemented by correspondence dated , in which you, through your authorized representative request a series of letter rulings relating to the transaction described below. This letter revokes Private Letter Ruling (PLR) 200204048 dated October 31, 2001, and substitutes the following letter ruling. This letter also considers the correspondence submitted on your behalf by your authorized representative which clarified several facts relating to the PLR. The following facts and representations support your ruling request. |
| 200228022(PDF, 14K) |
6/10/2002 |
| Issues: (1) Should the language detailing the “S” case election in the notice of deficiency be clarified in future versions of the notice? (2) If the language needs to be clarified, should the changes be made nationwide? |
| 200228021(PDF, 28K) |
7/12/2002 |
| Issues: (1) Must math error procedures be used in addressing a current year EIC claim when the math error was the result of a previous EIC disallowance through statutory deficiency procedures? (2) If not, may the CSR response to the taxpayer advising that EIC cannot be claimed for any tax year ending prior to the 2-year ban? |
| 200228020(PDF, 6K) |
7/12/2002 |
| This responds to your letter dated October 30, 2001, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200228019(PDF, 9K) |
7/12/2002 |
| This ruling responds to a letter dated November 30, 2001 and additional submissions, submitted on behalf of Transferee Trust (“Taxpayer”) by Trustee requesting a ruling concerning the income tax consequences of the proposed transfer of three life insurance policies from Trust 2 to Taxpayer. |
| 200228018(PDF, 5K) |
7/12/2002 |
| This letter responds to a letter received on December 18, 2001, and subsequent correspondence, requesting a ruling under § 1362 of the Internal Revenue Code. |
| 200228017(PDF, 6K) |
7/12/2002 |
| This responds to your letter dated December 14, 2001 requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200228016(PDF, 9K) |
7/12/2002 |
| This letter is in regard to LTR 9853007 (PLR-112482-97) issued to Taxpayer on September 29, 1998. In LTR 9853007, the Internal Revenue Service concluded that Taxpayer was permitted to deduct a certain payment made to charity as an ordinary and necessary business expense under § 162 of the Internal Revenue Code. In a letter dated March 18, 2002, the Service notified Taxpayer that it was considering revoking LTR 9853007. On March 25, 2002, Taxpayer requested that the Service exercise its discretionary authority under § 7805(b) to limit the retroactive effect of any revocation. The purpose of this letter is to revoke LTR 9853007 because it is not in accordance with the current views of the Service. This letter also addresses Taxpayer’s request for relief under § 7805(b) to limit the retroactive effect of the revocation. |
| 200228015(PDF, 15K) |
7/12/2002 |
| This letter responds to a letter dated December 4, 2001, submitted on behalf of Parent, the common parent of the consolidated group of which Purchaser is a member, 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 or deemed acquisition, on Date B, of the stock of: Target2, Target3, Target4, Target5, Target6, Target7, Target8, Target9, Target2Sub1, Target2Sub2, Target2Sub3, Target4Sub1, and Target7Sub1 (sometimes hereinafter referred to as the “Targets”). For convenience, the foregoing “§ 338 election” is sometimes hereinafter referred to as the “Election.” All of Targets are foreign corporations. All citations in this letter to regulations under § 338 are to regulations in effect on Date B. Additional information was received in letters transmitted via facsimile dated February 19, 2002 and April 1, 2002. The material information is summarized below. |
| 200228014(PDF, 13K) |
7/12/2002 |
| This responds to the letter dated October 22, 2001, submitted on behalf of T, requesting relief under §1361(e)(3) of the Internal Revenue Code. |
| 200228013(PDF, 14K) |
7/12/2002 |
| This responds to the letter dated October 22, 2001, submitted on behalf of T, requesting relief under §1361(e)(3) of the Internal Revenue Code. |
| 200228012(PDF, 25K) |
7/12/2002 |
| Issue: Whether the transferred accumulated maintenance reserves described in the below purchase transaction constitute income to A under A’s established method of accounting for maintenance reserves. |
| 200228011(PDF, 24K) |
7/12/2002 |
| This is in response to your letter dated August 16, 2001, requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to sever Second Spouse’s share into Trust X and Trust Y under § 26.2654-1(b)(1) of the Generation-Skipping Transfer Tax Regulations and to make a “reverse” qualified terminable interest property (QTIP) election for Trust X under § 2652(a)(3) of the Internal Revenue Code. The letter also requests a ruling that the automatic allocation rules of § 2632(e) will apply to Trust X with the result that Trust X will have an inclusion ratio of zero for purposes of the GST tax. |
| 200228010(PDF, 13K) |
7/12/2002 |
| This responds to the letter dated October 22, 2001, submitted on behalf of T, requesting relief under §1361(e)(3) of the Internal Revenue Code. |
| 200228009(PDF, 13K) |
7/12/2002 |
| This responds to the letter dated October 22, 2001, submitted on behalf of T, requesting relief under §1361(e)(3) of the Internal Revenue Code. |
| 200228008(PDF, 20K) |
7/12/2002 |
| We respond to your letter dated December 5, 2001, in which you requested rulings as to the federal income tax consequences of a proposed transaction. Specifically, you requested rulings under § 355 and 1361 of the Internal Revenue Code. Additional information was received in a letter dated March 29, 2002. |
| 200228007(PDF, 19K) |
7/12/2002 |
| This is in response to your letter dated May 4, 2001, in which a ruling was requested concerning the generation-skipping transfer tax consequences of a proposed modification of Trust. |
| 200228006(PDF, 8K) |
7/12/2002 |
| This responds to a letter dated October 30, 2001, and subsequent correspondence, written on behalf of X, by X’s authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200228005(PDF, 29K) |
7/12/2002 |
| Issues: (1) Whether settlement proceeds received by Taxpayer should be treated as income to Taxpayer or as a reduction in the basis of Taxpayer’s land. (2) Whether certain settlement costs, including legal fees and costs incurred for the acquisition of certain water rights and discharge units, should be treated as capital expenditures under § 263. |
| 200228004(PDF, 7K) |
7/12/2002 |
| This letter responds to a letter dated November 7, 2001, submitted on behalf of LLC by its authorized representative, requesting an extension of time for LLC to elect under § 301.7701-3(c) of the Procedure and Administration Regulations to be treated as an association taxable as a corporation. |
| 200228003(PDF, 38K) |
7/12/2002 |
| This responds to your memorandum dated December 27, 2001, in which you asked for our comments on the debtor’s proposed Chapter 11 plan and disclosure statement with respect to the liquidating trust. We forwarded these documents to the office of Associate Chief Counsel (Passthroughs & Special Industries), and the following reflects their views. |
| 200228002(PDF, 70K) |
7/12/2002 |
| Issue: Whether a bareboat lease of a vessel by a domestic corporation is treated as the lease of export property for foreign sales corporation purposes under § 927(a)(2)(A) and Temporary Treasury Regulation § 1.927(a)-1T(f)(2) where the lease is for use by a lessee that is a member of the lessor’s controlled group and the lessee derives income from the time charter of the vessel to an unrelated person. |
| 200228001(PDF, 35K) |
7/12/2002 |
| Issues: Your ruling request presents the following Issues: (1) Does Taxpayer, as a Company cardholder, make a charitable contribution under § 170 when a rebate – a percentage of the price of an item (less an administration fee) purchased with a Company card at a participating merchant – is transferred to a qualified charitable organization? (2) In what tax year can Taxpayer claim a deduction under § 170 for rebates transferred by Company to a charitable organization? (3) Does § 170(f)(8) apply to amounts transferred by Company to a charitable organization? (4) Does Taxpayer realize income from participation in the program? |
| 200227044(PDF, 247K) |
4/12/2002 |
| We have considered your ruling request dated May 14, 2001 on the proper treatment of a proposed settlement agreement under § 4941 and 4945 of the Internal Revenue Code. |
| 200227042(PDF, 286K) |
4/10/2002 |
| This letter is in response to a letter submitted on your behalf by your authorized representative, in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations (the "regulations"). |
| 200227041(PDF, 348K) |
4/9/2002 |
| This letter modifies three of the four rulings issued to Company C in PLR 9839030 on June 29, 1998, and in response to the request from your authorized representative dated February 14, 2002, will limit the retroactive effect of such revocation pursuant to § 7805(b) of the Internal Revenue Code. |
| 200227040(PDF, 346K) |
4/9/2002 |
| This letter modifies three of the four rulings issued to Company C in PLR 9839030 on June 30, 1998, and in response to the request from your authorized representative dated February 14, 2002, will limit the retroactive effect of such revocation pursuant to § 7805(b) of the Internal Revenue Code. |
| 200227039(PDF, 122K) |
4/8/2002 |
| This is in reference to your letter of March 5, 2002, requesting advance approval of your grant procedures under § 4945(g) of the Internal Revenue Code. |
| 200227038(PDF, 12K) |
7/5/2002 |
| This letter responds to a letter dated November 15, 2001, submitted on behalf of Purchaser and Sellers 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 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 Date A acquisition of the stock of Target (sometimes referred to herein as the “Election”). 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 February 4, 2002. The material information is summarized below. |
| 200227037(PDF, 6K) |
7/5/2002 |
| This letter responds to your letter on behalf of X, dated March 4, 2002, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200227036(PDF, 29K) |
7/5/2002 |
| This is in response to your letter of Date 1, as supplemented, requesting a waiver pursuant to §§ 101(f)(3)(H) and 7702(f)(8) of the Internal Revenue Code for certain insurance contracts issued by Taxpayer A and Taxpayer B (hereinafter sometimes referred to as “Taxpayers”) that failed to meet the requirements of §§ 101(f) and 7702(a). |
| 200227035(PDF, 8K) |
7/5/2002 |
| This letter responds to a letter dated December 28, 2001, and subsequent correspondence, requesting a ruling under § 1362 of the Internal Revenue Code. In particular, the letter requests a ruling that the termination of Taxpayer’s S corporation election was an inadvertent termination within the meaning of § 1362(f). |
| 200227034(PDF, 10K) |
7/5/2002 |
| This responds to your letter dated January 25, 2002, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code. |
| 200227033(PDF, 11K) |
7/5/2002 |
| This responds to your letter dated January 25, 2002, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code. |
| 200227032(PDF, 36K) |
7/5/2002 |
| This replies to a letter dated August 8, 2001, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file agreements required under § 1.1503- 2(g)(2)(iv)(B)(2)(iii) with respect to the dual consolidated losses of the entities and the respective tax years listed on Schedule A, which is attached and is part of this ruling letter. The information submitted for consideration is substantially as set forth below. |
| 200227031(PDF, 14K) |
7/5/2002 |
| This letter responds to a letter dated October 16, 2001, and subsequent correspondence, requesting rulings under § 301.9100 of the Procedure and Administration Regulations and under § 1362(f) for an inadvertently invalid S election. |
| 200227030(PDF, 8K) |
7/5/2002 |
| This is in response to your letter dated December 27, 2001, 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. |
| 200227029(PDF, 9K) |
7/5/2002 |
| This is in response to your letter of January 10, 2002, and subsequent correspondence, in which you requested an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make an alternate valuation election under § 2032 of the Internal Revenue Code. |
| 200227028(PDF, 6K) |
7/5/2002 |
| This responds to your letter dated December 19, 2001 requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200227027(PDF, 14K) |
7/5/2002 |
| This responds to the letter dated October 22, 2001, submitted on behalf of T, requesting relief under §1361(e)(3) of the Internal Revenue Code. |
| 200227026(PDF, 10K) |
7/5/2002 |
| This letter responds to a letter dated October 17, 2001, submitted on behalf of Company requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200227025(PDF, 6K) |
7/5/2002 |
| This responds to a letter dated January 21, 2002, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200227024(PDF, 17K) |
7/5/2002 |
| We respond to your letter dated November 30, 2001, requesting rulings on the federal income tax consequences of a proposed transaction. Additional information was submitted in and with a letter dated March 13, 2002. |
| 200227023(PDF, 7K) |
7/5/2002 |
| This is in reply to the letter dated November 7, 2001 from your authorized representative, requesting a ruling that Authority is a political subdivision, as defined in Treasury Regulation § 1.103-1(b), and that its income is not subject to federal income tax. |
| 200227022(PDF, 23K) |
7/5/2002 |
| This letter responds to a letter dated March 26, 2001, and subsequent correspondence submitted by the authorized representative of Trust 1 and Trust 2 (collectively, the Trusts), requesting certain rulings under the Internal Revenue Code. |
| 200227021(PDF, 10K) |
7/5/2002 |
| This letter responds to your letter, dated March 14, 2001, and subsequent correspondence, submitted on behalf of Company, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200227020(PDF, 37K) |
7/5/2002 |
| This is in response to your September 26, 2001 letter in which you requested a ruling on the income, gift, estate, and generation-skipping transfer tax consequences of a proposed transfer of Trust 1 corpus to a newly created trust, Trust 2, pursuant to § 10-6.6(b)(1) of the New York Estate, Powers, and Trust Law. |
| 200227019(PDF, 12K) |
7/5/2002 |
| This letter responds to a letter dated November 15, 2001, 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)-1T(c) of the Income Tax Regulations with respect to Purchaser’s Date A acquisition of the stock of Target (sometimes referred to herein as the “Election”). 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 February 4, 2002. The material information is summarized below. |
| 200227018(PDF, 51K) |
7/5/2002 |
| Issues: (1) Whether the lease-in/lease-out transaction lacks economic substance. (2) What is the significance of the tail period, defined as the balance remaining on the headlease following the expiration of the renewal option period or the new sublease option period, if those options are chosen. (3) If the lease-in/lease-out transaction lacks economic substance, whether Exam should make adjustments a) disallowing the related rent and interest deductions claimed by A; b) eliminating the annual rental income from C under the sublease recognized by A; and c) disallowing any related deductions for fees paid by A to C, F, outside legal counsel, valuation experts, and others. (4) If the lease-in/lease-out transaction lacks economic substance, whether Exam should require A to accrue income annually in connection with the proceeds of the swap agreement with C which are to be paid in Year 2, Year 9, Year 13, and Year 17. (5) What should Exam consider in determining whether to assert penalties? |
| 200227017(PDF, 21K) |
7/5/2002 |
| We received your authorized representative’s submission, dated September 19, 2001, and previous 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. This letter responds to that request. |
| 200227016(PDF, 35K) |
7/5/2002 |
| This letter responds to a letter dated September 14, 2001, requesting rulings concerning the federal income tax consequences of a proposed transaction. The information submitted in that letter and subsequent correspondence is summarized below. |
| 200227015(PDF, 22K) |
7/5/2002 |
| This is in response to your letter dated May 8, 2001, in which you requested rulings under § 2055 of the Internal Revenue Code. |
| 200227014(PDF, 38K) |
7/5/2002 |
| Issue: In determining the foreign sales corporation (FSC) commission payable by Corp A to Corp A-FSC, whether the taxpayer may group transactions on the basis of both a broader product line and a narrower product line subsumed within the broader product line, where the taxpayer assigns each product to only one of such product lines. CONCLUSION: |
| 200227013(PDF, 36K) |
7/5/2002 |
| Issues: (1) How should Taxpayer compute its credit for increasing research activities under § 41 (research credit) for the taxable year including the date it distributed all of its stock in Subsidiary 1, a wholly-owned subsidiary, to its shareholders? (2) How should Subsidiary 1 compute its research credit for its taxable year beginning on the day following the date Taxpayer distributed all of its stock in Subsidiary 1 to Taxpayer’s shareholders? (3) How should Taxpayer compute its research credit for the taxable year including the date it distributed all of its stock in Subsidiary 2, a wholly-owned subsidiary, to its shareholders? (4) How should Subsidiary 2 compute its research credit for its taxable year beginning on the day following the date Taxpayer distributed all of its stock in Subsidiary 2 to Taxpayer’s shareholders? |
| 200227012(PDF, 20K) |
7/5/2002 |
| This is in response to your May 29, 2001 request for rulings on behalf of P. Additional information was received in a letter dated December 7, 2001. |
| 200227011(PDF, 9K) |
7/5/2002 |
| This responds to your request for advice as to which years are required to be included in the report to the Joint Committee in the subject case. As we understand the facts, the sole issue for each of the years under examination ( through ) is whether the taxpayer was exempt from income tax under § 892 and therefore entitled to refunds of all § 1441/1442 withholding from its U.S.-source investment income. |
| 200227010(PDF, 9K) |
7/5/2002 |
| 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 June 30, to a taxable year ending December 31, effective The taxpayer has requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations. |
| 200227009(PDF, 3K) |
7/5/2002 |
| This technical advice memorandum (TAM) modifies TAM 200043016 (July 14, 2000) to make it consistent with Revenue Ruling 2002-9, 2002-10 I.R.B. 614, as it applies to the issue of impact fees. |
| 200227008(PDF, 9K) |
7/5/2002 |
| Issue: Whether Taxpayer is exempt from the tax imposed by § 4251 of the Internal Revenue Code with respect to the communications services described below by reason of § 4253(f). |
| 200227007(PDF, 47K) |
7/5/2002 |
| Issues: (1) Whether the amounts Subsidiary received from Corporation pursuant to certain Agreements constitute nontaxable shareholder contributions to capital under Code § 118 or taxable payments for goods and services. (2) Whether the amounts Subsidiary received from Corporation pursuant to certain Agreements constitute nontaxable non-shareholder contributions to capital under Code § 118 or taxable payments for goods and services. |
| 200227006(PDF, 39K) |
7/5/2002 |
| Issues: (1) Whether the multi-party financing arrangement should be recharacterized under the “anti-conduit” regulations under § 881. (2) Whether an Amount A loan between the Taxpayer and an affiliated finance company should be ignored or recharacterized under case law principles of substance over form. (3) Whether the substance of the Amount A loan was equity instead of debt. |
| 200227005(PDF, 46K) |
7/5/2002 |
| Issues: (1) Are the tractors described below highway vehicles for purposes of §§ 4041(a) and 4051(a) of the Internal Revenue Code and highway motor vehicles for purposes of § 4481(a)? (2) Are the sand dump trucks described below highway vehicles for purposes of §§ 4041(a) and 4051(a) and highway motor vehicles for purposes of § 4481(a)? |
| 200227004(PDF, 12K) |
7/5/2002 |
| This responds to your letter of September 14, 2001, requesting a ruling that the rental income that X received from certain properties is not passive investment income within the meaning of § 1362(d)(3)(C) of the Internal Revenue Code, or alternatively seeking a ruling under § 1362(f). |
| 200227003(PDF, 24K) |
7/5/2002 |
| You have asked us whether citizens over the age of 60 (“senior citizens”) who, pursuant to a program authorized by Massachusetts law, receive property tax abatements of up to $500 for performing certain volunteer services for participating municipalities may exclude the abatements from gross income. On April 5, 2001, Massachusetts State Senator Richard Moore wrote a letter (copy attached) to the IRS Taxpayer Advocate in Boston asking why the abatements could not be considered tax-exempt. We have examined the underlying statute and two CCAs issued by CC:TEGE. We conclude that payments under the program are includible in the gross income of the recipients. |
| 200227002(PDF, 18K) |
7/5/2002 |
| Issue: Does the vaporization of oil in the apex and expanded gas cap regions of the Reservoir constitute a qualified tertiary recovery method for purposes of § 43 of the Internal Revenue Code? |
| 200227001(PDF, 18K) |
7/5/2002 |
| Issue: Whether a subsidiary's permanently unrestored loss under § 1.267(f)-1T(c)(6) from a sale of assets to its parent reduces the subsidiary's earnings and profits (E&P), thereby requiring the parent to make a § 1.1502-32(b)(2)(i) basis reduction in its subsidiary's stock. |
| 200226046(PDF, 216K) |
4/3/2002 |
| In a letter dated January 28, 2002, your authorized representative requesting a ruling on your behalf in which you request relief under § 301.9100-3 of the Procedure and Administration Regulations. The following facts and representations support your ruling request. |
| 200226045(PDF, 288K) |
4/2/2002 |
| This is in response to your letter dated December 31, 2001, in which you requested certain rulings with respect to § 507, 4942, 4943, 4944, 4945 of the Internal Revenue Code. |
| 200226044(PDF, 19K) |
6/28/2002 |
| Issues: (1) What is the proper method of computing interest on the recovery of erroneous refunds made in slavery reparations credit cases where the Service recovers the erroneous refund through deficiency procedures? (2) What is the proper method of computing interest on the recovery of erroneous refunds made in slavery reparations credit cases where the Service recovers the erroneous refund through mathematical or clerical error assessment procedures? (3) What is the proper method of computing interest on the recovery of erroneous refunds made in slavery reparations credit cases where the Internal Revenue Service recovers the erroneous refund through an erroneous refund suit? |
| 200226043(PDF, 13K) |
6/28/2002 |
| Issue: Whether both B and C should be treated as the taxpayer for § 7602(c) purposes when a worker files a FORM SS-8 request. |
| 200226042(PDF, 17K) |
6/28/2002 |
| This letter is in reply to your letter of October 31, 2001, requesting rulings regarding the proposed division of a trust that, because it was irrevocable as of September 25, 1985, is not subject to generation-skipping transfer tax. Specifically, you requested the following rulings: |
| 200226041(PDF, 17K) |
6/28/2002 |
| This responds to your letter dated September 19, 2001 requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to make a “reverse” qualified terminable interest property (“QTIP”) election under § 2652(a)(3) of the Internal Revenue Code. |
| 200226040(PDF, 10K) |
6/28/2002 |
| This responds to your letter dated September 4, 2001, and subsequent correspondence submitted on behalf of X, requesting time extensions 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 to elect to treat Y as a qualified subchapter S subsidiary (QSub), and relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200226039(PDF, 24K) |
6/28/2002 |
| This is in response to a request for ruling submitted on your behalf concerning the application of § 453(d) of the Internal Revenue Code with respect to the sale of stock of Y Corp described herein. |
| 200226038(PDF, 5K) |
6/28/2002 |
| This responds to a letter January 22, 2002, requesting a ruling under §1362(b)(5) of the Internal Revenue Code. |
| 200226037(PDF, 28K) |
6/28/2002 |
| This is in response to a request for rulings dated November 2, 2001, submitted on behalf of Coop by your authorized representative. |
| 200226036(PDF, 15K) |
6/28/2002 |
| This letter responds to your November 5, 2001 letter requesting rulings on certain federal income tax consequences of a proposed transaction. The information submitted in such request and subsequent correspondence is summarized below. |
| 200226035(PDF, 13K) |
6/28/2002 |
| This letter responds to a letter dated November 1, 2001, and subsequent correspondence, that was submitted on behalf of the Agency and the Partnership by their authorized representative, requesting permission under § 42(n)(4) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to correct an administrative error. |
| 200226034(PDF, 5K) |
6/28/2002 |
| This letter responds to a letter dated December 28, 2001, requesting a ruling under §1362(b)(5) of the Internal Revenue Code. |
| 200226033(PDF, 13K) |
6/28/2002 |
| This letter responds to a letter dated November 1, 2001, and subsequent correspondence, that was submitted on behalf of the Agency and the Partnership by their authorized representative, requesting permission under § 42(n)(4) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to correct an administrative error. |
| 200226032(PDF, 19K) |
6/28/2002 |
| This responds to a letter dated March 26, 2002, together with prior correspondence, requesting rulings under § 1361 of the Internal Revenue Code. |
| 200226031(PDF, 12K) |
6/28/2002 |
| This responds to your letter dated November 28, 2001, and subsequent correspondence requesting several rulings under the Internal Revenue Code. |
| 200226030(PDF, 6K) |
6/28/2002 |
| This letter responds to your request dated November 23, 2001, and subsequent submissions submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200226029(PDF, 7K) |
6/28/2002 |
| This letter responds to your letter dated December 12, 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. |
| 200226028(PDF, 7K) |
6/28/2002 |
| This letter responds to your letter dated November 20, 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. |
| 200226027(PDF, 9K) |
6/28/2002 |
| This responds to your letter dated September 24, 2001, together with subsequent correspondence, requesting relief under §1362(f) of the Internal Revenue Code. |
| 200226026(PDF, 20K) |
6/28/2002 |
| This letter responds to your letter, dated April 27, 2001, and subsequent correspondence, submitted on behalf of Trust, requesting rulings under §§ 2652(a)(3) and 2654(b)(2) of the Internal Revenue Code. |
| 200226025(PDF, 9K) |
6/28/2002 |
| This responds to your letter dated, January 7, 2002, in which you requested a ruling that X’s rental income from certain properties will not constitute passive investment income within the meaning of § 1362(d)(3) of the Internal Revenue Code. |
| 200226024(PDF, 8K) |
6/28/2002 |
| This letter is in response to your request, dated November 6, 2001, on behalf of X, seeking a private letter ruling under § 1362(d) of the Internal Revenue Code that X’s rental income from commercial properties is not passive investment income. |
| 200226023(PDF, 6K) |
6/28/2002 |
| This responds to the letter dated February 5, 2002, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200226022(PDF, 6K) |
6/28/2002 |
| This responds to a letter dated January 14, 2002, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200226021(PDF, 6K) |
6/28/2002 |
| This letter responds to a letter dated October 26, 2001, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200226020(PDF, 11K) |
6/28/2002 |
| This is in response to your authorized representative’s letter dated December 3, 2001, in which you request a ruling that the Service disregard the qualified terminable interest property (QTIP) election made on the Decedent’s federal estate tax return. |
| 200226019(PDF, 6K) |
6/28/2002 |
| This responds to a letter dated January 15, 2002, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200226018(PDF, 11K) |
6/28/2002 |
| Issues: (1) That Company is not required to file an information return under either
section 6041 or § 6049 of the Code; and
2. That Company is not required to engage in backup withholding under
section 3406 of the Code since no portion of any of the periodic payments
constitutes a “reportable payment” within the meaning of § 3406. |
| 200226017(PDF, 6K) |
6/28/2002 |
| This responds to the letter dated February 18, 2002, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code. |
| 200226016(PDF, 6K) |
6/28/2002 |
| This responds to a letter dated February 7, 2002, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200226015(PDF, 9K) |
6/28/2002 |
| This letter responds to your letter dated April 2, 2001, and subsequent correspondence submitted by you as the authorized representative of X, requesting a ruling under § 643 of the Internal Revenue Code. |
| 200226014(PDF, 33K) |
6/28/2002 |
| Issue: What arguments may the Service raise to challenge the following transactions. |
| 200226013(PDF, 21K) |
6/28/2002 |
| Issues: (1) Trust A Additional Loans, as described herein, secured by partnership interests qualify as “real estate assets” for purposes of § 856(c)(4)(A) of the Code. (2) The interest income earned on such loans qualifies as “interest on obligations secured by mortgages on real property or on interests in real property” for purposes of § 856(c)(3)(B) of the Code. |
| 200226012(PDF, 33K) |
6/28/2002 |
| This is in response to a letter dated September 15, 2000, and subsequent correspondence submitted on behalf of the taxpayer, requesting a ruling that a proposed transfer to a foreign foundation of cash and an interest in property will qualify for the federal gift tax charitable deduction under § 2522 of the Internal Revenue Code. |
| 200226011(PDF, 7K) |
6/28/2002 |
| This responds to a letter dated December 31, 2001, and subsequent correspondence, written on behalf of X, by X’s authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 200226010(PDF, 22K) |
6/28/2002 |
| This memorandum responds to your e-mail to Jerry Traficanti dated February 25, 2002, requesting clarification about when a taxpayer may claim the § 911 exclusion on a Form 2555 that is filed late. Specifically, your guidelines under Treasury Regulation §1.911-7(a)(2)(i)(D), instruct tax examiners to look at the total tax line before payments to determine whether taxpayers have satisfied the “owes no federal income tax” requirement under that regulation. If a taxpayer owes tax before payments such as withholding, whether or not there is a tax liability remaining after payment, the tax examiner will disallow the claim for the § 911 exclusion, and refer the taxpayer to the Office of Associate Chief Counsel (International) for a private letter ruling addressing retroactive relief. Thus, the issue is whether the phrase “owes no federal income tax” under Treas. Reg. §1.911-7(a)(2)(i)(D), means a taxpayer’s tax liability before or after any payments, such as withholding tax, estimated tax, tax credit, and etc. |
| 200226009(PDF, 14K) |
6/28/2002 |
| This letter responds to a letter dated December 11, 2001, submitted on behalf of X by X’s authorized representative, requesting that X be given an extension of time under § 301.9100 of the Procedure and Administrative Regulations in which to elect to treat its subsidiary as a qualified subchapter S subsidiary (QSub). The letter also requests a ruling that a disproportionate distribution by X to its shareholders did not terminate X’s S election. |
| 200226008(PDF, 8K) |
6/28/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200226007(PDF, 23K) |
6/28/2002 |
| We respond to your letter dated December 4, 2001, requesting rulings on the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated January 10, 2002, January 23, 2002, February 4, 2002 and February 22, 2002. |
| 200226006(PDF, 13K) |
6/28/2002 |
| This letter responds to a letter dated November 4, 2001 and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 200226005(PDF, 19K) |
6/28/2002 |
| This ruling is directed only to the taxpayer requesting it. Internal Revenue Code § 6110(k)(3) provides that it may not be used or cited as precedent. |
| 200226004(PDF, 87K) |
6/28/2002 |
| Issues: (1) Whether the effective date of the classification change from corporation to partnership occurs in Tax Year 1. (2) Whether Corp X is entitled to a worthless securities deduction under § 165(g) of the Internal Revenue Code in the amount of $Q in Tax Year 1. |
| 200226003(PDF, 8K) |
6/28/2002 |
| Issues: (1) Reimbursements received under the Plan by employees of the Taxpayer will be excludable from the gross income of the employees pursuant to § 105(b) of the Internal Revenue Code ; and (2) The federal tax treatment of welfare benefits received by employees of the Taxpayer under welfare benefit plans other than the Plan will not be affected by reimbursements received under the Plan. |
| 200226002(PDF, 32K) |
6/28/2002 |
| This letter is in response to your request for a ruling that the Project constitutes a solid waste disposal facility within the meaning of § 142(a)(6) of the Internal Revenue Code. |
| 200226001(PDF, 41K) |
3/26/2002 |
| Issues: (1) Whether Plan X is required to file a separate Form 5330 for the reversion of pension assets received on or about date T. (2) Whether Plan X may amend the 1999 Form 5330 to include the reversion of pension assets received on or about date T, after the reconciliation of all accounts and the completion of administrative matters. (3) If Plan X may amend its 1999 Form 5330, is the IRS foreclosed from collecting any additional tax due based on the closing agreement determining X’s 1999 Form 5330 liability under Internal Revenue Code § 4980? (4) May the closing agreement be construed as requiring the Internal Revenue Service to settle the § 4980 tax due for the year 2000 on a basis consistent with the settlement of the tax due on the 1999 Form 5330? (5) On what basis should the second reversion from Plan X be settled? (6) Is the 20 percent (20%) rate set forth in § 4980 automatically available for a reversion of pension assets received after the filing of the liquidating Chapter 11 petition? (7) Does Plan Y have to increase the benefits of active and inactive plan participants by at least twenty percent (20%) of the amount of the reversion, prior to receiving a reversion of the Plan Y assets in order to qualify for the 20% tax rate under § 4980? If Employer A has no obligation to participants, active or inactive, must Employer A pay tax on fifty percent (50%) of the reversion pursuant to § 4980(d)? (8) On what basis should the third reversion be settled? |
| 200225047(PDF, 305K) |
3/29/2002 |
| This is in response to the January 7, 2002 letter, submitted by your authorized representative, in which your request relief under § 301.9100-3 of the Procedure and Administration Regulations. The following facts and representations support your ruling request. |
| 200225046(PDF, 752K) |
3/26/2002 |
| We have considered a ruling request dated October 10, 2001, submitted on M's behalf by its attorney relating to the tax consequences flowing from the formation by M of a wholly-owned for-profit subsidiary, N. |
| 200225045(PDF, 262K) |
3/26/2002 |
| This letter responds to X's request dated September 22, 2000 for rulings pertaining to the proposed early termination of a split-interest trust. |
| 200225044(PDF, 471K) |
3/26/2002 |
| We have considered the letter dated July 25, 2001, and subsequent correspondence submitted on your behalf by your attorney, who requested a ruling on the proper treatment of revenues generated from a manufacturing work activity program. This program was created specifically for the development of disabled individuals. |
| 200225043(PDF, 291K) |
3/25/2002 |
| This letter constitutes notice that the request to extend the amortization periods for amortizing the unfunded liabilities (described in § 412(b)(2)(B) of the Internal Revenue Code (the "Code") and § 304(a) of the Employee Retirement Income Security Act of 1974 (ERISA)) of the Plan has been granted. The extension is granted for a period of four years and is effective for amortization periods for unfunded liabilities of the Plan for the plan year beginning 1999. |
| 200225042(PDF, 355K) |
3/25/2002 |
| This is in response to X's request dated October 16, 2001, for rulings under § 4941 of the Internal Revenue Code, submitted by X's legal representative. |
| 200225041(PDF, 225K) |
3/25/2002 |
| We have considered your ruling request dated July 26, 1999, and subsequent correspondence concerning the tax consequences of a transfer of assets of certain VEBAs upon termination of the acquired corporations by the acquiring corporation and the merger of the VEBA assets with assets held by the VEBAs of the acquiring corporation. |
| 200225040(PDF, 242K) |
3/25/2002 |
| This is in response to a letter submitted on May 29, 2001, as supplemented on July 29, 2001, February 27, 2002, and March 20, 2002, in which your authorized representative requested a ruling under § 72(t)(1) and 72(t)(4) of the Internal Revenue Code . The following facts and representations were submitted to support the ruling request. |
| 200225039(PDF, 626K) |
3/15/2002 |
| This is in response to a letter dated August 31, 2001, from your authorized representatives, who have requested certain rulings on your behalf. This letter addresses issues arising in connection with the merger of N into M, including the treatment under § 501(c)(8), 511 through 514, and other provisions of the Internal Revenue Code . |
| 200225038(PDF, 637K) |
3/15/2002 |
| This is in response to a letter dated August 31, 2001, from your authorized representatives, who have requested certain rulings on your behalf. This letter addresses issues arising in connection with the merger of N into M, including the treatment under § 501(c)(8), 511 through 514, and other provisions of the Internal Revenue Code . |
| 200225037(PDF, 138K) |
3/25/2002 |
| This letter is in response to X's letter dated November 14, 2000, requesting a ruling under § 4941 of the Internal Revenue Code. |
| 200225036(PDF, 219K) |
3/25/2002 |
| This is in reply to X's ruling request dated December 18, 2001, for approval of a set-aside of funds under the suitability test of § 4942(g)(2)(B)(i) of the Internal Revenue Code and § 53.4942(a)-3(b)(2) of the Foundation and Similar Excise Taxes Regulations, for its tax year ending December 31, 2001. |
| 200225035(PDF, 8K) |
6/21/2002 |
| This is in response to your letter dated January 2, 2002, requesting a ruling that A’s loss of U.S. citizenship (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 31, and March 13, 2002. The information submitted for consideration is substantially as set forth below. |
| 200225034(PDF, 18K) |
6/21/2002 |
| Issues: (1) A loan secured by 100 percent of the membership interest of a limited liability company that is disregarded as a separate entity for federal income tax purposes under Treasury Regulation § 301.7701-3(b)(1), and substantially all of the assets of which consist of real property, is a “real estate asset” for purposes of § 856(c)(4)(A) of the Code. (2) A loan secured by a partnership interest in a partnership, substantially all of the assets of which consist of real property, is a “real estate asset” for purposes of § 856(c)(4)(A) of the Code. |
| 200225033(PDF, 19K) |
6/21/2002 |
| Issues: (1) The Trust B F Additional Loan, described herein, secured by partnership interests qualifies as a “real estate asset” for purposes of § 856(c)(4)(A) of the Code. (2) The interest income earned on the Trust B F Additional Loan qualifies as “interest on obligations secured by mortgages on real property or on interests in real property” for purposes of § 856(c)(3)(B) of the Code. |
| 200225032(PDF, 19K) |
6/21/2002 |
| This is in response to a letter, dated November 9, 2001, from your authorized representative requesting rulings under § 901 and 305 of the Internal Revenue Code (Code). The information submitted for consideration is substantially as set forth below. |
| 200225031(PDF, 25K) |
6/21/2002 |
| This is in reply to your letter dated December 17, 2001, requesting that we rule on certain federal income tax consequences of a transaction. The information submitted in that request and in subsequent correspondence is substantially as set forth below. |
| 200225030(PDF, 12K) |
6/21/2002 |
| Issue: Whether an employee may claim a deduction for state income taxes under § 164 of the Internal Revenue Code with respect to payments to a state made by the employer to satisfy the employee’s state income tax liabilities for previous years, where the employer treats the payments as wages paid to the employee. |
| 200225029(PDF, 16K) |
6/21/2002 |
| This is in response to your letter dated December 14, 2001 in which you requested a ruling concerning the generation-skipping tax consequences resulting from the proposed division of Trust. |
| 200225028(PDF, 13K) |
6/21/2002 |
| This letter responds to a letter dated October 1, 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 Purchaser’s acquisition of the stock of Target and the deemed acquisition of the stock of Target Affiliate 1, Target Affiliate 2, Target Affiliate 3, and Target Affiliate 4 (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.) The taxpayer submitted additional information in letters dated February 26 and March 8, 2002. The material information is summarized below. |
| 200225027(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225026(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225025(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225024(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225023(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225022(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225021(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225020(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225019(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225018(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225017(PDF, 8K) |
6/21/2002 |
| This letter responds to your letter, dated December 19, 2001, on behalf of X, requesting a ruling that X be granted an extension of time pursuant to § 301.9100-3 of the Procedure and Administration Regulations to file an election to be treated as a disregarded entity for federal income tax purposes under § 301.7701-3(c). |
| 200225015(PDF, 20K) |
6/21/2002 |
| This letter is in reply to your authorized representative’s letter, dated December 20, 2001, requesting rulings concerning a proposed disclaimer of an interest in Trust. |
| 200225014(PDF, 47K) |
6/21/2002 |
| This memorandum constitutes Chief Counsel Advice. In accordance with Internal Revenue Code § 6110(k)(3),1 this Chief Counsel Advice should not be cited as precedent. This Field Service Advice is not binding on Examination and Appeals and is not a final case determination. |
| 200225013(PDF, 47K) |
6/21/2002 |
| Issues: (1) Whether taxpayer’s Year 4 remittances to the Service relating to proposed tax adjustments for its Year 1 and Year 2 tax years should be characterized as payments or deposits in the nature of a cash bond and whether the Service could have assessed these remittances in Year (4) (2) Whether unpaid interest on a portion of taxpayer’s proposed income tax deficiencies for tax years Year 1 and Year 2 to which taxpayer allegedly agreed was accruable in Year 4 or in Year (6) (3) Whether taxpayer’s request to accrue the interest on a portion of its proposed income tax deficiencies in Year 4, rather than in Year 6, represents an unauthorized change in accounting method. |
| 200225012(PDF, 7K) |
6/21/2002 |
| This letter responds to your letter dated November 30, 2001, submitted on behalf of LLC, requesting an extension of time for LLC to elect under § 301.7701-3(c) of the Procedure and Administration Regulations to be treated as an association taxable as a corporation. |
| 200225011(PDF, 8K) |
6/21/2002 |
| This is in response to your letter dated November 28, 2001, requesting a ruling that your 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 November 30, 2001, February 12, 13, and March 1, 2002. The information submitted for consideration is substantially as set forth below. |
| 200225010(PDF, 13K) |
6/21/2002 |
| This is in response to your amended ruling request submitted on behalf of the Authority, requested a ruling that the Authority is an “instrumentality” of its governmental members. |
| 200225009(PDF, 69K) |
6/21/2002 |
| Issues: (1) Pursuant to Treasury Regulation § 1.482-7 (1995), whether a qualified cost sharing arrangement may be modified retroactively by a taxpayer. (2) Whether under Treasury Regulation § 1.482-7(1995) a buy-in payment must reflect the value of all pre-existing intangible property made available to a cost sharing arrangement, as opposed to the value of only those pre-existing intangibles that ultimately are embedded in a manufactured product. (3) Whether the conclusion for Issue 2 above differs with respect to acquired intangible property made available to a cost sharing arrangement. |
| 200225008(PDF, 46K) |
6/21/2002 |
| Issue: Whether Taxpayer may combine the replacements of two steam reheat lines to meet the requirements of the self-constructed transition property rule under § 203(b)(1)(B) of the Tax Reform Act of 1986 (TRA of 1986). |
| 200225007(PDF, 29K) |
6/21/2002 |
| Issue: Whether Taxpayer’s replacement transformers in the aggregate or each replacement transformer constitute the unit of property for purposes of determining eligibility under the self-constructed property transition rule under § 203(b)(1)(B) of the Tax Reform Act of 1986 (Act)? |
| 200225006(PDF, 25K) |
6/21/2002 |
| Issue: Whether a ruling letter issued by the National Office to the Taxpayer under the provisions of Rev. Proc. 92-20, 1992-1 C.B. 685, should be retroactively revoked or modified. |
| 200225005(PDF, 25K) |
6/21/2002 |
| We respond to your letter dated November 19, 2001, for rulings concerning the federal income tax consequences of a proposed transaction. Although your letter requests rulings under the jurisdiction of CC:CORP and CC:PSI, the rulings under the jurisdiction of CC:PSI have been severed from this request and are being answered in a separate letter ruling to be issued by CC:PSI. This letter will address only those rulings within the jurisdiction of CC:CORP. Additional information was submitted in letters dated February 1, March 6, March 11, and March 21, 2002. The material information submitted for consideration is summarized below. |
| 200225004(PDF, 31K) |
6/21/2002 |
| Issues: (1) Should the Internal Revenue Service use the same claim disallowance letter that it has used for the previous black or slavery reparation claims or does it need to change the language of the claim disallowance letter? (2) Does Chief Counsel Notice CC-2002-012 provide adequate direction on how to deal with this new type of claim or is further guidance necessary? (3) What procedures should the Service follow in processing these returns/claims? (4) Should the Service treat these new returns as “valid” returns for purposes of processing? (5) May the Service use mathematical or clerical error procedures to recover any erroneous refund issued on one of these returns/claims? (6) May the Service make summary assessments when it has not yet issued refunds? |
| 200225003(PDF, 22K) |
6/21/2002 |
| Issues: (1) Whether filing a Notice of Federal Tax Lien for post-petition taxes after a plan has been confirmed in a Chapter 13 bankruptcy violates the automatic stay. (2) Whether a Collection Due Process (“CDP”) hearing under § 6320 of the Internal Revenue Code seeking to review the filing of a NFTL for post-petition taxes violates the automatic stay. |
| 200225002(PDF, 45K) |
6/21/2002 |
| Issues: (1) Where an injured spouse and a liable spouse reside in Texas, and file a joint return in Year 1 claiming an overpayment, what is the proper amount of the overpayment the IRS may offset towards Liable Spouse’s separate liability pursuant to Internal Revenue Code § 6402(a)? (2) Where an injured spouse and a liable spouse reside in Texas, and file a joint return in Year 1 claiming an overpayment, what is the proper amount of the overpayment the IRS must offset towards Liable Spouse’s separate liability pursuant to I.R.C. § 6402(c), (d) and/or (e)? (3) Whether there is a conflict between Medaris v. United States, 884 F.2d 832 (5 th Cir. 1989) and Ragan v. Commissioner, 135 F.3d 329, 332 (5 th Cir. 1998) with respect to the Fifth CInternal Revenue Codeuit’s treatment of Texas community property laws. |
| 200225001(PDF, 16K) |
6/21/2002 |
| Issue: How should the Internal Revenue Service Issue: Form 1099-INT when a taxpayer is entitled to look-back interest under § 460(b)(2) as shown on Form 8697 and overpayment interest under § 6611 of the Internal Revenue Code (“Code”)? |
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