Chief Counsel's Written Determinations Issued from 200235000 to 200239999

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.

200238054(PDF, 50K)	6/25/2002
This is in reference to your letter of May 23, 2002, requesting advance approval of your grant procedures under § 494549) of the Internal Revenue Code.
200238053(PDF, 60K)	6/24/2002
This is in reply to your request for a ruling regarding your proposal to pay fees to a related management company in return for certain services it will be providing you.
200238052(PDF, 57K)	6/25/2002
This is in response to a ruling request dated October 16, 2001, as supplemented by additional correspondence dated December 6, 2001, from your authorized representative, concerning the pick up of certain employee contributions to Plan X under § 414(h)(2) of the Internal Revenue Code.
200238051(PDF, 130K)	6/7/2002
This is in response to a letter from your authorized representative requesting a series of rulings on your behalf regarding the tax consequences associated with the transactions described below. The purpose of the transactions is to effectuate a joint operating agreement.
200238050(PDF, 104K)	6/25/2002
This is in reply to your rulings request dated December 13, 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.
200238049(PDF, 62K)	6/25/2002
This is in response to your letter dated April 26, 2002, in which you requested certain rulings with respect to a proposed transfer of all of the assets of C to B.
200238048(PDF, 55K)	6/25/2002
This is in response to your letter dated April 26, 2002, in which you requested certain rulings with respect to a proposed transfer of all of the assets of C to B.
200238047(PDF, 30K)	9/20/2002
Issues: (1) Is income received by individual tribal members from the sale of arts and crafts made on federal trust allotted land exempt from federal income tax because the income is directly derived from the land? (2) If the income is derived in part from the tribe member’s labor to produce the products and, in part, directly derived from federal trust allotted land, does this affect its taxability? (3) If the income is directly derived from leased land rather than federal trust allotted land under the General Allotment Act of 1887 does this affect its taxability?
200238046(PDF, 17K)	9/20/2002
This letter responds to your request for private letter ruling dated January 15, 2002, and subsequent submissions. You requested that we rule on certain tax consequences, under § 468A of the Internal Revenue Code, to Taxpayer and Holding Company (through its divisions Energy and Nuclear) and their qualified nuclear decommissioning funds, of the transfer of the Plant in the context of a reorganization.
200238045(PDF, 63K)	9/20/2002
Issues: (1) Whether the deduction of certain losses claimed on the Parent Group’s consolidated return can be disallowed by the application of § 269(a) to (i) the acquisition of Newco 1 by group members, or (ii) Newco 1's acquisition of property from group members. (2) Whether the deduction of certain losses claimed on the Parent Group’s consolidated return can be disallowed because the transactions giving rise to such deductions lack economic substance, were engaged in solely for tax avoidance purposes, and lack a business purpose. (3) Whether the payment to terminate the management agreement under the facts presented is ordinary income to the recipient.
200238044(PDF, 28K)	9/20/2002
Issues: (1) Whether US Corp 1 and ForCorp are considered related parties per § 6038A and the regulations thereunder. (2) Whether the sales transactions between US Corp 1 and ForCorp must be reported on a Form 5472 (Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business).
200238043(PDF, 22K)	9/20/2002
Issue: Whether a third party alleging that it was wrongfully levied upon can maintain a refund suit under United States v.Williams, 514 U.S. 527 (1995), after the statute of limitations for filing a wrongful levy has expired?
200238042(PDF, 16K)	9/20/2002
Issue: Following a timely assessment of tax in respect of a return, what is the period of limitations for making a reversal of a withheld income tax credit which is overstated on the return?
200238041(PDF, 31K)	9/20/2002
This memorandum responds to your request for advice. In accordance with Internal Revenue Code § 6110(k)(3), this Chief Counsel Advice should not be cited as precedent.
200238040(PDF, 24K)	9/20/2002
Issue: Whether the consolidated group, of which Company C is the parent (the “Company C group”), may deduct the compensation payments made to and included in income by the employees of Company A and Company B (the “Employees”) when they sold their callable nonstatutory options for Company C stock to Company C.
200238039(PDF, 15K)	9/20/2002
This is in response to your December 7, 2001, letter in which you requested a ruling on the Federal gift tax consequences of a proposed disclaimer.
200238038(PDF, 6K)	9/20/2002
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 March 31, to a taxable year ending June 30, effective for the tax year beginning April 1 and ending June 30. 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.
200238037(PDF, 12K)	9/20/2002
This letter responds to a letter dated March 18, 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)-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 June 11, 2002. The material information is summarized below.
200238036(PDF, 6K)	9/20/2002
This responds to your letter dated March 10, 2002, and related correspondence, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code.
200238035(PDF, 15K)	9/20/2002
This is in response to your letter dated February 7, 2002, on behalf of Taxpayer 1 and Taxpayer 2, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make allocations of Generation-Skipping Transfer exemption.
200238034(PDF, 23K)	9/20/2002
This is in response to your July 6, 2001 letter and other correspondence requesting a ruling concerning the income and generation-skipping transfer tax consequences of the proposed merger and division of two trusts.
200238033(PDF, 13K)	9/20/2002
This letter responds to a letter dated March 21, 2002, submitted on behalf of Purchaser and Seller, 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 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 letters dated April 8, 2002, May 8, 2002, May 29, 2002, and May 30, 2002. The material information is summarized below.
200238032(PDF, 29K)	9/20/2002
Issues: (1) Should the distributions totaling $z by SellerSub to Seller during Year 1 constitute dividends or a portion of the consideration paid to purchase Seller’s stock in SellerSub? (2) Is Seller entitled to a dividends received deduction for Year 1 for the distribution of $z from SellerSub under § 243 of the Code?
200238031(PDF, 8K)	9/20/2002
This responds to your letter dated November 14, 2001, in which you requested a ruling and closing agreement that premiums received by Taxpayer on policies of insurance or reinsurance of United States risks are exempt from the insurance excise tax imposed by § 4371 of the Internal Revenue Code pursuant to the Income Tax Convention between the United States and the Government of Ireland (“Convention”).
200238030(PDF, 15K)	9/20/2002
This responds to a private letter ruling request dated September 10, 2001. The Taxpayer requests a ruling that the proposed amendment to its lease with B and subsequent lease assignment, will not affect the deductibility under § 164 of the Internal Revenue Code of the tax equivalency payments (the “PILOT”) made to the Taxpayer by other unrelated residential lessees pursuant to leases of other sites within A (the “Unrelated Lessees”) B holds legal title to certain real property and the improvements located thereon (the “Project”) pursuant to a Declaration of Interest, of record, on behalf of C, the owner of all of the beneficial and equitable interest therein.
200238029(PDF, 15K)	9/20/2002
This letter responds to your letter dated February, 19, 2002, 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 request a waiver under § 1504(a)(3)(B) of the Internal Revenue Code and Rev. Proc. 91-71, 1991- 2 C.B. 900, with respect to the inclusion of Subsidiary 1 and its subsidiaries in Parent’s Year 2 consolidated federal income tax return. Additional information was received in letters dated April 4, May 2, May 30, and June 4, 2002. The material information submitted for consideration is summarized below.
200238028(PDF, 15K)	9/20/2002
This is in response to your letter dated February 7, 2002, on behalf of Taxpayer 1 and Taxpayer 2, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make allocations of Generation-Skipping Transfer exemption.
200238027(PDF, 5K)	9/20/2002
This responds to your letter dated May 8, 2002, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200238026(PDF, 11K)	9/20/2002
This letter responds to a letter dated April 25, 2002, 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. The extension is being requested for Parent, Former Parent, Sub #1, and Sub #2 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, effective for Year 1 (sometimes hereinafter referred to as the “Election”). Additional information was received in a letter dated June 4, 2002. The material information is summarized below.
200238025(PDF, 39K)	9/20/2002
Issues: (1) Whether Country A Sub was a separate entity eligible to make an election effective on Date 7 under the check-the-box regulations (Treasury Regulation § 301.7701-3). (2) Whether § 382 limits, or eliminates, the amount of taxable income that can be offset by the loss recognized by USCo on its sale of the Division 1 assets to Foreign Co. (3) Whether § 269(b)(1) may apply to disallow USCo’s loss on the sale of the Division 1 assets to Foreign Co. (4) Whether, under the authority of § 482, the Service may disregard Country A Co’s check-the-box election and then reallocate to Country A Co, as a separate entity, the loss recognized by USCo on the sale of Country A Sub stock to Foreign Co.
200238024(PDF, 6K)	9/20/2002
This responds to your letter dated March 20, 2002, submitted on behalf of X, requesting relief under §1362(b)(5) of the Internal Revenue Code.
200238023(PDF, 13K)	9/20/2002
This responds to a letter dated April 3, 2002, together with related documents, submitted on behalf of X, requesting a ruling under §1362(f) of the Internal Revenue Code.
200238022(PDF, 46K)	9/20/2002
Issues: (1) Whether the facts support reclassifying a portion of certain accounts payable to a controlled party as equity. (2) As an alternative to reclassifying a portion of accounts payable as equity, whether the IRS may apply § 482 to impute payments of interest on those accounts payable. (3) Whether the IRS has a policy of excluding foreign-owned companies as potential uncontrolled comparables under the Treasury Regulation § 1.482-5 comparable profits method.
200238021(PDF, 12K)	9/20/2002
This letter responds to a letter dated May 23, 2001, and subsequent correspondence, requesting inadvertent termination relief under § 1362(f) of Internal Revenue Code.
200238020(PDF, 13K)	9/20/2002
This letter grants you and an extension of time to make an election to treat capital gains as investment income under §§ 163(d)(1) and (d)(4)(B) of the Internal Revenue Code for the 2000 tax year. You filed the income tax return containing this election late because of conditions beyond your control. The election in that return is made timely by this letter.
200238019(PDF, 11K)	9/20/2002
This is in reply to your ruling request dated January 28, 2002, concerning the proper federal income tax treatment of certain duty disability retirement benefits under § 104(a)(1) of the Internal Revenue Code .
200238018(PDF, 15K)	9/20/2002
This is in response to your letter dated February 7, 2002, on behalf of Taxpayer 1 and Taxpayer 2, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make allocations of Generation-Skipping Transfer exemption.
200238017(PDF, 8K)	9/20/2002
This letter responds to your January 9, 2002 request for rulings on certain federal income tax consequences of a consummated transaction on behalf of the above-captioned taxpayer. The material information submitted for consideration is summarized below.
200238016(PDF, 15K)	9/20/2002
This letter responds to a letter dated March 21, 2002 submitted on behalf of Taxpayer by its authorized representative, requesting rulings under § 29 of the Internal Revenue Code.
200238015(PDF, 8K)	9/20/2002
This is in response to A’s letter dated December 18, 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.
200238014(PDF, 7K)	9/20/2002
This is in response to your letter dated January 14, 2002, 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.
200238013(PDF, 8K)	9/20/2002
This is in response to a letter dated April 9, 2002, requesting a ruling that A’s prospective loss of lawful permanent resident status (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.
200238012(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238011(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238010(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238009(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238008(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238007(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238006(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238005(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238004(PDF, 12K)	9/20/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200238003(PDF, 15K)	9/20/2002
This is in response to your letter dated February 7, 2002, on behalf of Taxpayer, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make allocations of Generation-Skipping Transfer exemption.
200238002(PDF, 56K)	9/20/2002
Issue: Whether Internal Revenue Code § 265(a)(2) applies to disallow deductions for interest paid on Partnership’s repurchase agreements.
200238001(PDF, 10K)	9/20/2002
This is in response to your request for a ruling that the District is a political subdivision of the State, that the District’s income is excluded from gross income, and that the salaries and wages of the District’s employees are exempt from federal unemployment tax.
200237027(PDF, 72K)	6/18/2002
This is in response to a ruling request dated January 15, 2002, submitted on behalf of M requesting a ruling on the proper treatment of the proceeds of a proposed sale of a portion of M's property under § 512(a)(l) of the Internal Revenue Code.
200237026(PDF, 103K)	6/18/2002
This is in response to a request for a private letter ruling dated October 29, 2001, as supplemented by correspondence dated January 10, 2002, January 28, 2002, and February 7, 2002, submitted on your behalf by your authorized representatives, concerning the tax treatment of dividends paid on stock held by an employee stock ownership plan (“ESOP”) within the meaning of § 4975(e)(7) of the Internal Revenue Code. In support of your request, your authorized representatives have presented the following facts and representations:
200237025(PDF, 15K)	9/13/2002
This letter responds to a letter dated February 20, 2002, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations for Purchaser and Sellers 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 A. (All citations in this letter to regulations under § 338 are regulations in effect on Date A.) Additional information was received in and with letters dated April 29 and May 31, 2002. The material information is summarized below.
200237024(PDF, 58K)	9/13/2002
Issue: With respect to the FSC marginal costing rules, whether the numerator and denominator of the overall profit percentage (defined in Temporary Treasury Regulation § 1.925(b)-1T(c)(2)(i)) computed for sales of a product or product line include licensing royalties received in connection with such sales.
200237023(PDF, 12K)	9/13/2002
This letter responds to a letter dated January 28, 2002, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting relief under § 1362(f) of the Internal Revenue Code.
200237022(PDF, 21K)	9/13/2002
This letter responds to your request dated December 26, 2001, for rulings on the federal income tax consequences of a proposed transaction. You submitted additional information in letters dated February 15, 2002, March 27, 2002, April 3, 2002, April 11, 2002, April 30, 2002, and May 13, 2002.
200237021(PDF, 11K)	9/13/2002
This letter is in response to your letter of March 13, 2002, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make a timely Generation-Skipping Transfer tax exemption allocation pursuant to § 2642 of the Internal Revenue Code.
200237020(PDF, 58K)	9/13/2002
Issue: Is the transaction at Issue: a true sale-leaseback or, alternatively, a financing arrangement for federal income tax purposes?
200237019(PDF, 9K)	9/13/2002
This is in reply to your letter dated February 5, 2002, and subsequent correspondence submitted on behalf of LLC, requesting a ruling that LLC be given an extension of time to elect under § 301.7701-3(c) of the Procedure and Administration Regulations to be classified as an association taxable as a corporation for federal tax purposes and an extension to elect to be an S corporation under § 1362(b)(5) of the Internal Revenue Code.
200237018(PDF, 12K)	9/13/2002
This letter responds to a letter dated March 12, 2002, 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 (sometimes hereinafter referred to as the “Election”). Parent is requesting an extension to file a “§ 338 election” under § 338(g) with respect to the acquisition of the stock of Target, and the deemed acquisition of the stock of Target Sub 1 and Target Sub 2 (collectively referred to as the “Targets”) by Purchaser 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 May 13, 2002. The material information is summarized below.
200237017(PDF, 13K)	9/13/2002
Issue: Whether a corporation which converts under state law to a limited partnership, and subsequently elects under § 301.7701-3 of the regulations to be treated as a corporation for federal income tax purposes is eligible to be treated as if it had undergone a reorganization under § 368(a)(1)(F).
200237016(PDF, 21K)	9/13/2002
Issues: (1) Is the Facility available to serve, on a regular basis, the general public as required by § 142(a)(1) of the Internal Revenue Code and § 1.103-8(a)(2) and § 1.103-8(e)(1)of the Treasury Regulations? (2) Is the Facility a directly related and essential part of the Airport, an airport as defined by § 142(a)(1) and § 1.103-8(e)(2)(ii)(a), servicing aInternal Revenue Coderaft or enabling aInternal Revenue Coderaft to take-off and land?
200237015(PDF, 9K)	9/13/2002
This responds to a letter dated December 20, 2001, together with subsequent correspondence, submitted on behalf of X by X’s authorized representative, requesting a ruling that X's rental income from its commercial rental properties is not passive investment income within the meaning of §1362(d)(3)(C)(i) of the Internal Revenue Code.
200237014(PDF, 16K)	9/13/2002
This letter responds to your letter dated October 11, 2001, submitted on behalf of X requesting a ruling under §1362(f) of the Internal Revenue Code.
200237013(PDF, 6K)	9/13/2002
This responds to a letter dated September 7, 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.
200237012(PDF, 10K)	9/13/2002
This responds to a letter dated November 16, 2001, together with subsequent correspondence, requesting a ruling under §1362(f) of the Internal Revenue Code.
200237011(PDF, 16K)	9/13/2002
This letter responds to your letter dated October 11, 2001, submitted on behalf of X requesting a ruling under §1362(f) of the Internal Revenue Code.
200237010(PDF, 17K)	9/13/2002
This responds to your letter of February 8, 2002, and subsequent submissions, requesting certain rulings. The requested rulings are that: (1) the administrator obligor service agreements (the contracts) under which Company provides coverage for motor vehicles against mechanical breakdown (beyond the coverage afforded by the manufacturer’s and other warranties) qualify as insurance contracts for federal income tax purposes, (2) Company is an insurance company for federal income tax purposes in the year 2001, and (3) Company will be entitled to a deduction under § 832(b)(4) for premiums paid to a licensed insurance company for a policy protecting Company against losses incurred with respect to its obligations under the contracts.
200237009(PDF, 12K)	9/13/2002
This letter responds to a letter, dated November 27, 2001, and subsequent correspondence, submitted by you on behalf of X as its authorized representative, requesting inadvertent termination relief under § 1362(f) of the Internal Revenue Code.
200237008(PDF, 7K)	9/13/2002
This responds to a letter dated December 4, 2001, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 301.9100-3 of the Procedure and Administration Regulations.
200237007(PDF, 7K)	9/13/2002
This responds to a letter dated December 4, 2001, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 301.9100-3 of the Procedure and Administration Regulations.
200237006(PDF, 7K)	9/13/2002
This responds to a letter dated December 4, 2001, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 301.9100-3 of the Procedure and Administration Regulations.
200237005(PDF, 8K)	9/13/2002
This letter responds to a letter dated January 22, 2002, 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.
200237004(PDF, 13K)	9/13/2002
Issue: Whether the target acquisitions by Acquiring as well as the related IPO of Acquiring stock meet the “control” requirement of Internal Revenue Code § 351.
200237003(PDF, 76K)	9/13/2002
Issues: What theories can the Internal Revenue Service pursue to disallow a loss created through a series of transactions among related parties that include (1) the formation of a new foreign company, (2) the issuance of offsetting short-term intercompany notes, (3) the transfer by the foreign company (in a § 351 transaction) of a nominal amount of foreign currency in exchange for stock of a domestic transferee corporation and the purported assumption by the transferee corporation of the foreign corporation’s liability under one of the intercompany notes, and (4) the disposition of the foreign currency, for which an inflated basis is claimed as a result of step 3, at a substantial loss.
200237002(PDF, 11K)	9/13/2002
Issue: Is Taxpayer’s use of the vehicle described below subject to the excise tax imposed by § 4051(a)(1) of the Internal Revenue Code?
200237001(PDF, 14K)	9/13/2002
Issue: Whether the surplus proceeds remaining after the Internal Revenue Service’s administrative sale of the taxpayer’s property may be remitted to the taxpayer’s estate as a return of a deposit.
200236055(PDF, 36K)	6/21/2002
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
200236054(PDF, 55K)	6/21/2002
This is in response to a ruling request dated October 16, 2001. as supplemented by additional correspondence dated December 6, 2001, from your authorized representative, concerning the pick up of certain employee contributions to Plan X under § 414(h)(2) of the Internal Revenue Code.
200236053(PDF, 84K)	6/18/2002
This is in response to a request for a private letter ruling dated July 24, 2000, and subsequent correspondence. submitted on your behalf by your authorized representative. In support of your request, your authorized representative has submitted the following facts and representations.
200236052(PDF, 57K)	6/18/2002
This is in response to the February 15, 2002. request for letter rulings under § 408(d) of the Internal Revenue Code submitted on your behalf by your authorized representative. The following facts and representations support your ruling request.
200236051(PDF, 62K)	6/17/2002
This is in response to your letter of March 7, 2002, in which you request a private letter ruling regarding the effect of two new programs on your continued exemption under § 50l(c)(3) of the Internal Revenue Code. In addition, you request a ruling that the proposed additional activities will not result in unrelated business income tax under § 511 through 514 of the Code.
200236050(PDF, 30K)	6/12/2002
This letter constitutes notice that with respect to the above-named defined benefit pension plan, waivers of the 100 percent excise tax under § 4971(b) of the Internal Revenue Code have been granted for the excise taxes that would otherwise apply with respect to the plan years beginning January 1.
200236049(PDF, 85K)	6/11/2002
We have considered a ruling request concerning the proposed merger of A and B.
200236048(PDF, 74K)	6/10/2002
This is in response to a letter dated February 13, 2002. as supplemented by correspondence dated May 6, 2002. submitted on your behalf by your authorized representative, in which you request a private letter ruling that Plan K is a church plan within the meaning of §414(e) of the Internal Revenue Code .
200236047(PDF, 95K)	6/10/2002
This is in response to ruling requests submitted by your authorized representatives by letter dated July 12, 1999, as supplemented by correspondence received through May 3, 2002. These ruling requests relate to § 4016) and 402(g) of the Internal Revenue Code. You submitted the following facts and representations in support of the requested rulings.
200236046(PDF, 71K)	6/12/2002
In letters dated October 12, 2001, and December 6, 2001, your authorized representative requested a ruling on your behalf that the employee benefit plans maintained by Entity C, a State W nonprofit corporation, qualify as church plans under § 414(e) of the Internal Revenue Code.
200236045(PDF, 9K)	9/6/2002
This is in reply to a letter dated April 5, 2002, submitted by your authorized representative, requesting a ruling that certain identified short sales with respect to Stock will continue to fall within the exception to § 1259 of the Internal Revenue Code provided in § 1001(d)(2) of the Taxpayer Relief Act of 1997 (Public Law 105-34).
200236044(PDF, 17K)	9/6/2002
This letter responds to your January 16, 2002 request for rulings on certain federal income tax consequences of a proposed transaction. The information in that request and in later correspondence is summarized below.
200236043(PDF, 20K)	9/6/2002
Issues: 1) Can an unenrolled tax preparer sign returns on behalf of taxpayers in the situation described below? 2) Can an unenrolled tax preparer receive refund checks for taxpayers in the situation described below? 3) What should a Service Center do with undeliverable refund checks for taxpayers in the situation described below?
200236042(PDF, 18K)	9/6/2002
Issue: Whether, in calculating the failure to file and failure to pay penalties under Internal Revenue Code § 6651(a)(1) & (2), respectively, the Internal Revenue Service should use April 15 or June 15 as the date after which the penalties will accrue for taxpayers who qualify for an automatic two-month extension under Treasury Regulation § 1.6081-5, but file and pay late.
200236041(PDF, 8K)	9/6/2002
This letter is in response to your letter dated February 5, 2002, requesting a ruling granting Decedent’s estate an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make the alternate valuation election pursuant to § 2032(a) of the Internal Revenue Code.
200236040(PDF, 8K)	9/6/2002
This letter responds to a letter dated August 22, 2001, and subsequent correspondence, presented on behalf of Subsidiary 1, requesting a ruling under § 301.9100-3(a) of the Procedure and Administration Regulations that would result in an extension of time, pursuant to § 301.9100-1(a), to file an election for Subsidiary 2 to be treated as a corporation for federal tax purposes, pursuant to § 301.7701-3, retroactive to Date 1.
200236039(PDF, 5K)	9/6/2002
This is in reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted by you (TIN ), requesting permission to change your accounting period, for federal income tax purposes, from a taxable year ending March 31 to a taxable year ending December 31, effective. You have requested that the Form 1128 be considered timely filed under the authority contained in § 301.9100-3 of the Procedure and Administration Regulations.
200236038(PDF, 16K)	9/6/2002
This letter is in response to your letter of Date A requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was received in letters of Date B and Date C. The pertinent information submitted is summarized below.
200236037(PDF, 23K)	9/6/2002
This is in reply to a letter dated December 17, 2001, and subsequent correspondence, requesting a ruling on behalf of Trust. Specifically, you request a ruling that certain reimbursements and other funds collected by Operating Partnership will be excluded from Trust’s gross income for purposes of § 856 of the Internal Revenue Code.
200236036(PDF, 16K)	9/6/2002
This is in reply to your request for a ruling to allow Taxpayer to use an alternative method of basis recovery under § 15a.453-1(c)(7) of the Temporary Income Tax Regulations to report contingent payments, because the normal basis recovery rule method will substantially and inappropriately defer recovery of basis.
200236035(PDF, 11K)	9/6/2002
This replies to your letter dated September 26, 2001, requesting that Taxpayer be granted an extension of time under Treasury Regulation § 301.9100-3 with respect to the following: (a) to file elections and certifications pursuant to § 1.1503-2(g)(2)(i) and § 1.1503-2(g)(2)(vi)(B) with respect to the dual consolidated losses of Entity for each of the tax years listed on Attachment A; (b) to file a new agreement described in § 1.1503-2(g)(2)(i) pursuant to § 1.1503-2(g)(2)(iv)(B)(2)(iii) with respect to the dual consolidated losses of Entity for the tax year listed on Attachment B on behalf of Corp A; and (c) to file an agreement described in § 1.1503-2(g)(2)(i) pursuant to § 1.1503-2(g)(2)(iv)(B)(2)(iii) with respect to the dual consolidated losses of Entity for each of the tax years listed on Attachment A on behalf of Taxpayer.
200236034(PDF, 22K)	9/6/2002
This letter responds to the request of Taxpayer, filed for a revised schedule of ruling amounts that were issued in a ruling letter, pursuant to § 1.468A-3(i)(1)(iii)(A)(3) of the Income Tax Regulations. Commission A has decreased the amount of decommissioning costs to be included in Taxpayer’s cost of service for ratemaking purposes. Moreover, while the instant request was pending with this office: (1) Commission B approved decommissioning costs for the Plant on a basis consistent with the decommissioning costs approved by Commission A; and (2) subsequently, Commission A approved a Settlement which provided that the taxpayer will suspend accruals to its reserves for collections of nuclear decommissioning amounts. Information was submitted pursuant to § 1.468A-3(h)(2).
200236033(PDF, 8K)	9/6/2002
This is in response to A's letter dated March 13, 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.
200236032(PDF, 15K)	9/6/2002
This letter responds to a letter dated March 21, 2002 submitted on behalf of Taxpayer by its authorized representative, requesting rulings under § 29 of the Internal Revenue Code.
200236031(PDF, 17K)	9/6/2002
We respond to your request dated December 10, 2001, for rulings about the Federal income tax consequences of a proposed transaction. Additional information was provided in a letter dated April 4, 2002.
200236030(PDF, 29K)	9/6/2002
This is in response to your letter, dated June 1, 2001, in which a ruling was requested concerning the income, estate, gift, and generation-skipping transfer tax consequences of a proposed merger of two trusts.
200236029(PDF, 8K)	9/6/2002
This is in response to A’s letter dated January 3, 2002 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.
200236028(PDF, 27K)	9/6/2002
This letter responds to a letter dated November 28, 2001, submitted on behalf of Taxpayer requesting a ruling concerning the income tax consequences on the purchase, development, and implementation of a customized computer software database. Additional material was submitted on May 8, and May 17, 2002.
200236027(PDF, 24K)	9/6/2002
This responds to a private letter ruling request of July 29, 2001, submitted by your authorized representative, seeking rulings that payments made under a promotional program to charitable or civic organizations will be treated as advertising or promotional expenses.
200236026(PDF, 30K)	9/6/2002
This letter responds to your request for a private letter ruling, dated February 26, 2001, submitted on behalf of A, concerning § 1031 of the Internal Revenue Code. Additional information was submitted in letters dated August 28, 2001, and May 29, 2002.
200236025(PDF, 14K)	9/6/2002
Issues: Whether the Service has the authority under § 6402 of the Internal Revenue Code to issue Taxpayer a replacement refund?
200236024(PDF, 26K)	9/6/2002
This letter responds to your authorized representative’s letter dated February 22, 2002, and subsequent correspondence, submitted on behalf of Taxpayer, requesting a letter ruling concerning whether the transfer of an intertie from Generator to Taxpayer is a nonshareholder contributions to capital excludable from income under § 118(a) of the Internal Revenue Code.
200236023(PDF, 11K)	9/6/2002
This responds to your letter dated A, as supplemented by a letter from the Taxpayer’s authorized representative dated B, 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-Ireland income tax convention .
200236022(PDF, 13K)	9/6/2002
This is in reply to your request for a ruling dated February 25, 2002, submitted on behalf of the Department, regarding whether certain vehicles operated by employees of the Department are qualified non-personal use vehicles that are exempt from taxation under the fringe benefit regulations.
200236021(PDF, 9K)	9/6/2002
This letter is in response to your letter, dated April 15, 2002, requesting a ruling, pursuant to the authority of Revenue Procedure 2001-38, 2001-24 I.R.B. 1335, that the qualified terminable interest property (QTIP) election which was made in respect of the credit shelter trust established under Paragraph Sixth of Will, be treated as a nullity for purposes of § 2044(a), 2056(b)(7), 2519(a), and 2652 of the Internal Revenue Code.
200236020(PDF, 15K)	9/6/2002
This is in response to your authorized representative’s letter dated November 29, 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.
200236019(PDF, 20K)	9/6/2002
This is in response to your authorized representative’s letter dated November 29, 2001, and subsequent correspondence, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make allocations of Decedent’s Generation-Skipping Transfer exemption.
200236018(PDF, 7K)	9/6/2002
This letter responds to a letter dated March 8, 2002, submitted on behalf of A, requesting a ruling that A 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 classified as an association taxable as a corporation for federal tax purposes.
200236017(PDF, 14K)	9/6/2002
This is in response to your letter dated December 28, 2001, requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to make a qualified terminable interest property (“QTIP”) election under § 2056(b)(7) of the Internal Revenue Code.
200236016(PDF, 17K)	9/6/2002
This is in response to your letter dated December 26, 2001, and subsequent correspondence, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to make allocations of Generation-Skipping Transfer exemption.
200236015(PDF, 8K)	9/6/2002
This letter responds to your representative's letter dated April 27, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code.
200236014(PDF, 20K)	9/6/2002
This responds to a ruling request dated December 21, 2001, submitted on behalf of the City by its authorized representative, concerning whether line of duty disability benefits paid to disabled participants in the Plan are excludable from the gross income of the recipients under § 104(a)(1) of the Internal Revenue Code (the “Code“).
200236013(PDF, 17K)	9/6/2002
This letter responds to a letter dated November 6, 2001, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting relief under §1362(f) of the Internal Revenue Code.
200236012(PDF, 10K)	9/6/2002
This letter responds to a letter dated August 30, 2001, and subsequent correspondence, requesting rulings on behalf of Corporation under § 1362(b)(5) and (f) of the Internal Revenue Code.
200236011(PDF, 7K)	9/6/2002
This letter responds to your letter dated October 31, 2001, requesting a ruling on behalf of Company under Internal Revenue Code § 1362(b)(5).
200236010(PDF, 7K)	9/6/2002
This letter responds to your letter dated December 11, 2000, requesting a ruling on behalf of Company under Internal Revenue Code § 1362(b)(5).
200236009(PDF, 7K)	9/6/2002
This letter responds to your letter dated October 30, 2001, and subsequent correspondence, requesting a ruling on behalf of Company under Internal Revenue Code § 1362(b)(5).
200236008(PDF, 40K)	9/6/2002
This letter responds to Parent’s authorized representative’s letter dated July 5, 2001, requesting certain rulings under §§ 368 and 351 of the Internal Revenue Code of 1986, as amended , with respect to a series of proposed transactions. Additional information was received in letters dated October 11, 2001, November 21, 2001, January 9, 2002, January 22, 2002, April 2, 2002, April 9, 2002, and May 7, 2002. The material information submitted is summarized below.
200236007(PDF, 63K)	9/6/2002
Issues: (1) Whether Taxpayer's two broad-based corporate-owned life insurance ("COLI") programs, plans P1 and P2, were shams in substance, thereby precluding Taxpayer from claiming deductions under Internal Revenue Code § 163 with respect to interest expenses incurred on policy loans. (2) Whether Taxpayer paid four of the first seven years' annual premiums for its COLI policies by a means other than indebtedness, thereby satisfying the "four-out- of-seven" safe harbor set forth at former § 264(c)(1) and the accompanying regulations.
200236006(PDF, 18K)	9/6/2002
This letter is in response to your letter requesting rulings under § 280G of the Internal Revenue Code. Specifically, you requested a ruling that neither the approval, confirmation nor implementation of Taxpayer’s Reorganization Plan (Plan) constitutes a change in the ownership or effective control of Taxpayer or in the ownership of a substantial portion of Taxpayer’s assets within the meaning § 280G and 4999 of the Code. This ruling affects the determination of whether any options, severance payments, and warrants are subject to § 280G and 4999 of the Code. The facts, as represented by Taxpayer, are as follows:
200236005(PDF, 16K)	9/6/2002
This letter responds to your authorized representative’s letter dated December 4, 2001, in which you requested rulings under § 368 of the Internal Revenue Code. Additional information was submitted in letters dated December 13, 2001, January 8, 2002, and May 7, 2002. The material information submitted for consideration is summarized below.
200236004(PDF, 17K)	9/6/2002
This is in response to your authorized representative’s letter dated September 24, 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.
200236003(PDF, 53K)	9/6/2002
Issues: (1) What is the proper taxable year for inclusion of gross income of insurance proceeds claimed under a loss and business interruption insurance policy? 2A. Whether a restricted consent (on Form 872) prepared pursuant to Internal Revenue Code § 6501(c)(4) extends the general three year period of limitations under § 6501 to allow the assessment of tax on insurance proceeds? Has the period for assessment of the increase in tax shown on X’s amended return for year 1 has expired? 2B and 2C. Has the special period of limitations under §§ 1033(a)(2)(C) and (D) for assessing tax on insurance proceeds expired?
200236002(PDF, 22K)	9/6/2002
Issues: (1) Whether an individual’s income tax return was properly filed by hand-delivering it to the District Counsel’s office for the district in which the individual lived? (2) Whether an individual’s income tax return was properly filed if it was hand delivered to a secretary in the District Director’s office for the district in which the individual lived?
200236001(PDF, 23K)	9/6/2002
Issues: (1) What is the amount of the taxpayer/student’s personal exemption, and (2) Is the student/taxpayer entitled to claim a Hope Scholarship Credit on his own return?
200235043(PDF, 116K)	6/6/2002
This is in response to your request dated September 1, 1999, as supplemented by correspondence dated June 11, 2001, for a letter ruling on the proper treatment of Benefit Y, described below, under § 105, 106, 401 (a) (2), 401 (a) (17), 401 (a) (3 0 ), 401 (k) (3 ), 401 (k) (4) (A), 401 (m) (2), 402 (a), 402 (g) , 404 (a) (3 ) and 415(c) of the Internal Revenue Code .
200235042(PDF, 66K)	5/21/2002
This is reply to your request for a ruling submitted by your authorized representative dated December 1, 2000 that certain borrowings under a line of credit by funds organized under Trust M and Trust N for the purpose of facilitating redemptions do not give rise to unrelated debt financed income or create any "acquisition indebtedness" within the meaning of § 514 of the Internal Revenue Code. The request was supplemented by correspondence dated May 25, 2001.
200235041(PDF, 129K)	6/4/2002
This is in response to the request for private letter ruling submitted on your behalf by your authorized representative, as supplemented, in which you, through your representative, request several letter rulings. The following facts and representations support your ruling request.
200235040(PDF, 128K)	6/4/2002
This is in response to the request for private letter ruling submitted on your behalf by your authorized representative, as supplemented, in which you, through your representative, request several letter rulings. The following facts and representations support your ruling request.
200235039(PDF, 124K)	6/4/2002
This is in response to the request for private letter ruling submitted on your behalf by your authorized representative, as supplemented, in which you, through your representative, request several letter rulings. The following facts and representations support your ruling request.
200235038(PDF, 132K)	6/4/2002
This is in response to the request for private letter ruling submitted on your behalf by your authorized representative, as supplemented, in which you, through your representative, request several letter rulings. The following facts and representations support your ruling request.
200235037(PDF, 40K)	6/5/2002
This is in reference to your letter requesting advance approval of your grant procedures under § 4945(g) of the Internal Revenue Code.
200235036(PDF, 57K)	6/6/2002
This is in reply to your ruling request of December 7, 2001, requesting approval of a set-aside of your income 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, beginning in your tax year ended on December 31, 2001.
200235035(PDF, 120K)	6/5/2002
This is in reply to your letter of February 19, 2002, requesting a ruling that you are classified as a non-exempt charitable trust within the meaning of § 4947(a)(l) of the Internal Revenue Code.
200235034(PDF, 29K)	6/6/2002
This letter constitutes notice that a waiver of the minimum funding standard has been granted for the above-named pension plan for the plan year beginning July 23, 2000.
200235033(PDF, 64K)	6/12/2002
This is in response to the January 7, 2002 letter, as supplemented by correspondence dated May 28, 2002, and June 3, 2002, 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.
200235032(PDF, 91K)	6/3/2002
This is in response to a letter dated February 11, 2000, as supplemented by letters dated July 31, 2000, June 6, 2001, June 12, 2001, and April 23, 2002, in which your authorized representative requested a ruling letter on your behalf concerning whether Plan X is a church plan under § 414(e) of the Internal Revenue Code.
200235031(PDF, 15K)	8/30/2002
Issue: How should disallowed refundable child tax credit be reflected on notices of deficiency?
200235030(PDF, 19K)	8/30/2002
Issue: How should a taxpayer seek relief when he/she has reported income from the cancellation of a consumer debt and in a subsequent year makes a repayment on the debt?
200235029(PDF, 14K)	8/30/2002
Issue: Whether Service Centers should make refund payments to universities and colleges, or university and college professors, who file claims for refunds of the employer or employee portion of Federal Insurance Contributions Act (“FICA”) taxes paid based upon the North Dakota State University decision.
200235028(PDF, 28K)	8/30/2002
This Chief Counsel Advice (CCA) responds to your office’s request that we reconsider or confirm in writing the informal advice that we previously provided to you on the above subject. As described further below, we are herewith confirming our prior informal advice. In accordance with Internal Revenue Code § 6110(k)(3), this CCA should not be cited as precedent.
200235027(PDF, 15K)	8/30/2002
Issues: (1) Can a resident spouse sign a Form W-7 as a guardian of his/her unavailable spouse? (2) Can the Internal Revenue Service reject a Form W-7 if the applicant designates that he/she is a dependent of a U.S. person but has an address outside of the United States, Canada, or Mexico?
200235026(PDF, 23K)	8/30/2002
Issue: Whether an alien individual who at one time was admitted to the United States as a lawful permanent resident (“green card holder”), but would, upon attempted re-entry into the United States after a prolonged absence, likely be found by the INS to have abandoned his or her status as a lawful permanent resident, is entitled to a refund of U.S. income tax withheld from U.S. social security benefits.
200235025(PDF, 78K)	8/30/2002
Issues: (1) Should the Service follow the Hindenlang conclusion that a Form 1040 filed after Service has made a deficiency assessment based on an SFR prepared under § 6020(b) serves no tax purpose, and thus is not a return for purposes of the exception to discharge under B.C. § 523(a)(1)(B)(i) rather than reviewing the facts of each case to determine whether the taxpayer has made an honest endeavor to comply with the tax laws? (2) When a taxpayer files a Form 1040 listing a liability greater than that determined by the SFR, and files the document after a statutory notice of deficiency has been mailed and an assessment has been made, does the Form 1040 constitute a return for dischargeability purposes? (3) When a taxpayer files a Form 1040 listing a liability less than the amount determined by the Service via the SFR and assessed after a defaulted deficiency notice, does it constitute a return for dischargeability purposes where the Service accepts the information on the Form 1040 and abates a portion of the assessment in excess of the amount reported on the Form 1040?
200235024(PDF, 38K)	8/30/2002
Issue: For purposes of setting off pre-petition liabilities of a corporate debtor in a chapter 11 bankruptcy case, is the debtor’s right to claim an income tax refund or tentative carryback adjustment that is generated by the carryback of a net operating loss (NOL) prepetition debt if the carryback year (year to which the loss is carried) ends before the filing of the bankruptcy petition and the loss year (year in which the NOL is incurred) begins before, but ends after, the date on which the petition is filed?
200235023(PDF, 64K)	8/30/2002
Issues: (1) Who is liable for the tax resulting from the operation of a multi-member LLC? (2) Who is liable for the tax resulting from the operation of a single member LLC? (3) If the Internal Revenue Service makes an assessment against a disregarded LLC, is that a valid assessment against the single member owner? (4) If the Service files a Notice of Federal Tax Lien ("NFTL") naming the disregarded LLC as the taxpayer, is that a valid NFTL against the single member owner? (5) Are there state law theories that the Service could use to collect the single member owner's liability from the disregarded LLC?
200235022(PDF, 24K)	8/30/2002
Issue: Whether Taxpayer properly characterized and sourced the prejudgment interest portion of a settlement payment as damages rather than as interest or an interest equivalent under Temporary Treasury Regulation §1.861-9T.
200235021(PDF, 26K)	8/30/2002
Issues: 1(a). Whether taxpayer’s costs for monitoring, maintenance and control activities associated with the closing of Phases I, VI and VII through X of its waste disposal landfill constitute qualified closing costs for purposes of computing the deduction for closing costs pursuant to § 468 of the Code? Taxpayer conducted its solid waste landfill operations for these phases pursuant to a permit issued by the Agency. 1(b). Whether taxpayer’s costs for monitoring, maintenance and control activities associated with the closing of Phases II through V of its waste disposal landfill constitute qualified closing costs for purposes of computing the deduction for closing costs pursuant to § 468 of the Code? Taxpayer operated Phase II through Phase V under an Order on Consent, issued by the Agency after the filling of all but a small portion of Phase V was complete, but prior to the completion of the monitoring, maintenance and control activities associated with these phases. (2) Whether the cost of liners required to be used in the taxpayer’s landfill operations are depreciable assets or permanent improvements to the land? If it is determined that the liners are not permanent improvements, what is the proper amortization period of the liners?
200235020(PDF, 14K)	8/30/2002
This letter responds to a letter dated December 8, 2000, submitted on behalf of Purchaser and Parent, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Purchaser an
200235019(PDF, 13K)	8/30/2002
This letter responds to a letter dated December 8, 2000, submitted on behalf of Purchaser and Parent, 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 Parent are requesting an extension to file a “§ 338(h)(10) election” under §§ 338(g) and 338(h)(10) of the Internal Revenue Code and § 1.338(h)(10)-1(d) of the Income Tax Regulations with respect to Purchaser’s acquisition of the stock of Target, and the deemed acquisition of the stock of Target Affiliate #1 and Target Affiliate #2 (sometimes hereinafter referred to in the aggregate 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 July 31, 2000, March 19, 2001, and November 8, 2001. The material information is summarized below.
200235018(PDF, 14K)	8/30/2002
This letter responds to your letter dated February 13, 2002, and subsequent correspondence, submitted on behalf of Taxpayer concerning your request for a private letter ruling pertaining to § 42(d)(2)(B)(ii) of the Internal Revenue Code. The Internal Revenue Service Office that will have examination jurisdiction over the Taxpayer and New Partnership is located in City (1) The relevant facts as represented in these submissions are set forth below.
200235017(PDF, 12K)	8/30/2002
This letter responds to a letter dated January 28, 2002, submitted on behalf of Purchaser and Shareholder, 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 Shareholder 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 A. (All citations in this letter to regulations under § 338 are to regulations in effect on Date A.) The material information is summarized below.
200235016(PDF, 5K)	8/30/2002
This letter responds to a letter dated November 27, 2001, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200235015(PDF, 11K)	8/30/2002
This letter responds to a letter, dated August 2, 2001, and subsequent correspondence from your authorized representative, requesting, on behalf of X, inadvertent termination relief under § 1362(f) of the Internal Revenue Code.
200235014(PDF, 8K)	8/30/2002
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.
200235013(PDF, 18K)	8/30/2002
This is in response to your letter dated February 8, 2002, requesting, on behalf of Decedent’s estate, an extension of time under § 301.9100-3 of the Procedure and Administration Regulations and § 2642(g) of the Internal Revenue Code to make allocations of Decedent’s generation-skipping transfer tax exemption to Decedent’s lifetime transfers to a trust.
200235012(PDF, 6K)	8/30/2002
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 December 31, to a taxable year ending November, 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.
200235011(PDF, 21K)	8/30/2002
Issues: (1) Who is the proper party to execute a Form 872 for Corporation A for the period ended Date 3? (2) Who is the proper party to execute Forms 872 for Corporation A for the periods ended Date 9 and Date 11? (3) Who is the proper party to execute Forms 872 for Corporation B for the period ended Date 3 and the final consolidated return on Date 7? (4) How should Forms 872 and Forms SS-10 be executed for the members of the former Corporation B consolidated group that filed separate returns for the periods ended Date 9 and Date 11? (5) What language should be included for the Form 872 for Corporation E for the taxable period ended Date 11?
200235010(PDF, 27K)	8/30/2002
Issue: Whether the Taxpayer’s Year 2 election to have its shipping companies treated as a related group is effective in light of § 954(b)(2)’s repeal in 1986.
200235009(PDF, 12K)	8/30/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200235008(PDF, 12K)	8/30/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200235007(PDF, 12K)	8/30/2002
This is in reply to your letter, dated May 15, 2001, and subsequent correspondence, submitted on behalf of Trust requesting rulings under §§ 678 and 1361 of the Internal Revenue Code.
200235006(PDF, 28K)	8/30/2002
This is in reply to your letter dated November 28, 2001, submitted on behalf of A and certain related subsidiaries requesting a ruling on the proper treatment of deductions relating to its proposed business expense reimbursement program under § 274(d) and the accountable plan requirements of § 62(c) of the Internal Revenue Code. (Hereinafter, "A" refers to both the entity A and its subsidiaries who participate in the described reimbursement arrangement.)
200235005(PDF, 20K)	8/30/2002
Issue: Does the purported § 351 transaction involving F, Taxpayer and D qualify as a § 351 exchange?
200235004(PDF, 36K)	8/30/2002
Issues: (1) Whether certain advances of cash from a parent to a wholly owned subsidiary constitute debt or equity for federal income tax purposes. (2) Whether a parent is entitled to a bad debt deduction under Internal Revenue Code § 166 when the parent forgives a debt owed to it by one of its foreign subsidiaries. (3) Whether a parent is entitled to a worthless stock deduction under I.R.C. § 165 on the sale of the stock of its foreign subsidiary. (4) Whether I.R.C. § 482 may apply to the sale of a foreign subsidiary to another member of a controlled group.
200235003(PDF, 8K)	8/30/2002
This is in response to your letter dated March 11, 2002, 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 a letter dated May 8, 2002. The information submitted for consideration is substantially as set forth below.
200235002(PDF, 32K)	8/30/2002
Issues: (1) Whether the Petitioners provided the Internal Revenue Service (“IRS”) with a valid return for their Year 1 tax year, where the Petitioners added the language “Estimated Return” at the top of their Year 1 Form 1040. (2) Whether Petitioners filed their Year 1 Form 1040 with the IRS, where the Petitioners submitted their return to a revenue agent on or about Month Y Year (3) 3. Assuming that Petitioners failed to file a valid return, whether Internal Revenue Code § 66(applies to this case.
200235001(PDF, 6K)	8/30/2002
This letter responds to a letter dated August 10, 2001, and subsequent correspondence, requesting a ruling under § 301.9100-3(a) of the Procedure and Administration Regulations to file an election for Subsidiary to be treated as a disregarded entity for federal tax purposes.

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2002 Chief Counsel'sWritten Determinations

2002 Chief Counsel's
Written Determinations