For Tax Professionals  

2005 Chief Counsel's Written Determinations

INFO Files 2005-0001 thru 2005-0222

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.

Release Date: June 30, 2005    #05-0063 thru 05-0118
2005-0063 2005-0064 2005-0065 2005-0066 2005-0067 2005-0068 2005-0069 2005-0070 2005-0071 2005-0072 2005-0073 2005-0074 2005-0075 2005-0076 2005-0077 2005-0078 2005-0079 2005-0080 2005-0081 2005-0082 2005-0083 2005-0084 2005-0085 2005-0086 2005-0087 2005-0088 2005-0089 2005-0090 2005-0091 2005-0092 2005-0093 2005-0094 2005-0095 2005-0096 2005-0097 2005-0098 2005-0099 2005-0100 2005-0101 2005-0102 2005-0103 2005-0104 2005-0105 2005-0106 2005-0107 2005-0108 2005-0109 2005-0110 2005-0111 2005-0112 2005-0113 2005-0114 2005-0115 2005-0116 2005-0117 2005-0118

Release Date: September 30, 2005    #05-0119 thru 05-0197
2005-0119 2005-0120 2005-0121 2005-0122 2005-0123 2005-0124 2005-0125 2005-0126 2005-0127 2005-0128 2005-0129 2005-0130 2005-0131 2005-0132 2005-0133 2005-0134 2005-0135 2005-0136 2005-0137 2005-0138 2005-0139 2005-0140 2005-0141 2005-0142 2005-0143 2005-0144 2005-0145 2005-0146 2005-0147 2005-0148 2005-0149 2005-0150 2005-0151 2005-0152 2005-0153 2005-0154 2005-0155 2005-0156 2005-0157 2005-0158 2005-0159 2005-0160 2005-0161 2005-0162 2005-0163 2005-0164 2005-0165 2005-0166 2005-0167 2005-0168 2005-0169 2005-0170 2005-0171 2005-0172 2005-0173 2005-0174 2005-0175 2005-0176 2005-0177 2005-0178 2005-0179 2005-0180 2005-0181 2005-0182 2005-0183 2005-0184 2005-0185 2005-0186 2005-0187 2005-0188 2005-0189 2005-0190 2005-0191 2005-0192 2005-0193 2005-0194 2005-0195 2005-0196 2005-0197

Release Date: December 30, 2005    #05-0198 thru 05-0222
2005-0198 2005-0199 2005-0200 2005-0201 2005-0202 2005-0203 2005-0204 2005-0205 2005-0206 2005-0207 2005-0208 2005-0209 2005-0210 2005-0211 2005-0212 2005-0213 2005-0214 2005-0215 2005-0216 2005-0217 2005-0218 2005-0219 2005-0220 2005-0221 2005-0222

 
3/21/2005
Requesting general information concerning the taxation and withholding requirements for employers who hire employees who are H-3 visa holders.
1/8/2004
Requesting late S corporation election relief.
11/20/2003
Requesting recognition of an election to be an S corporation.
10/21/2004
Requesting information regarding certain qualified parking plans with reference to section 132 of the Internal Revenue Code.
11/18/2004
Requesting recognition of an election to be an S corporation.
3/29/2004
Requesting advice regarding Form 1099-R.
3/15/2004
Requesting information regarding a claim for the child tax credit.
3/30/2004
Requesting information regarding the capital gains tax with references to sections 121(a), 121(d)(3)(B) and 1.121-4(b)(2).
7/27/2004
Requesting information regarding non-profit hospitals described in section 501(c)(3) of the Internal Revenue Code.
3/24/2005
Requesting information regarding non-profit hospitals described in section 501(c)(3) of the Internal Revenue Code.
1/4/2005
Requesting information as to whether a tax-exempt organization would be deemed to have satisfied the public inspection and distribution requirements as set forth in section 301.6104(d)-1 of the Procedure and Administration Regulations.
1/26/2004
Requesting information regarding a hospital described in section 501(c)(3) of the Internal Revenue Code involved in a joint venture operating as a limited liability company.
2/14/2005
Requesting whether (1) a stipend payment under Article 18 section 23-18-201(1) issued to eligible students is subject to federal income taxation and (2) whether the answer to issue (1) would be different under pending legislation that would classify the stipend payments as refunds of taxes for state budgeting purposes.
2/3/2005
Requesting a private letter ruling concerning the federal income tax consequences of the sale of a remainder interest in a single family residential property.
3/3/2005
Requesting recognition of the Taxpayer’s S election.
3/3/2005
Requesting advice regarding § 301.7701-3 of the Procedure and Administration Regulations.
1/12/2005
Requesting certain information regarding Article 18 (Teaching and Research), of the Convention Between the United States of America and Trinidad and Tobago for the Avoidance of Double Taxation, the Prevention of Fiscal Evasion with Respect to Taxes on Income, and the Encouragement of International Trade and Development.
5/19/2004
Requesting rulings concerning the tax treatment of various expense reimbursements under section 62(c) and (a)(2)(A) of the Internal Revenue Code.
1/24/2005
Requesting recognition of an election to be an S corporation.
2/7/2005
Requesting a late S corporation election.
2/25/2005
Requesting an S corporation election.
2/8/2005
Requesting a late S corporation election.
3/2/2005
Requesting information on sections 6041 and 6041A of the Internal Revenue Code.
2/7/2005
Requesting views on a draft opinion regarding the applicability of the generationskipping transfer (GST) tax to certain group life insurance program benefits provided by the Department of Veterans Affairs.
2/15/2005
Requesting a waiver that will allow the City of Detroit Planning and Development Department to allocate commercial revitalization expenditure amounts to Taxpayer for a commercial building placed in service in the Detroit renewal community.
1/10/2005
Requesting recognition of Taxpayer’s election to be an S corporation.
1/12/2005
Requesting recognition of Taxpayer’s election to be an S corporation.
1/10/2005
Requesting recognition of Taxpayer’s election to be an S corporation.
3/2/2005
Requesting relief for the failure to file a timely Form 2553.
1/10/2005
Requesting recognition of an election to be an S corporation.
1/5/2005
Requesting clarification of the definition of the word “individual” in the context of Title 26, Chapter 2, of the Internal Revenue Code (the “Code”) imposing tax on self-employment income. Definition of the word “individual” as used in sections 1401-1403 of the Code. Also a note regarding section 6017 of the Code and its use of the word “individual”, as well as a Black’s Law Dictionary (Seventh Edition) definition of the word "individual".
12/7/2004
Requesting information concerning the law applicable to an incentive stock option (ISO) with reference to section 424 of the Internal Revenue Code.
1/26/2005
Requesting relief for the failure to file a timely Form 2253.
1/4/2005
Requesting recognition of an election to be an S corporation.
1/10/2005
Requesting the retroactive revocation of Taxpayer’s S corporation election.
1/4/2005
Requesting information regarding relief for a late S corporation election.
5/13/2004
Requesting an S corporation election.
3/2/2005
Requesting recognition of an election to be an entity taxable as an association with reference to section 301.7701 of the Procedure and Administration Regulations.
2/18/2005
Requesting general information regarding the applicability of Social Security coverage to firefighters. Tthe firefighters participate in their own mandatory firefighter pension system.
2/25/2005
Requesting recognition of an election to be an S corporation.
3/17/2004
Requesting automatic relief in order to establish the effective tax year for an S corporation election.
2/23/2005
Requesting information regarding the June 2004 memorandum in reference to the Flood Mitigation Assistance Program and other related programs.
1/24/2005
Requesting recognition of an election to be an S corporation.
2/23/2005
Requesting information regarding the June 2004 memorandum in reference to the Flood Mitigation Assistance Program, the Pre-Disaster Mitigation Program and the Hazard Mitigation Grant Program.
2/23/2005
Requesting a determination of eligibility to exclude housing allowance from gross income in light of the perceived similarities between the functions and qualifications of deacons as described in a 1998 letter ruling.
1/11/2005
Requesting information with concern that the recipient of a grant used to fund improvements to property under Federal Emergency Management Agency (FEMA) mitigation programs must include the grant in gross income.
3/7/2005
Requesting information regarding the offset of bond interest income with losses incurred on sales of stock.
6/24/2004
Requesting a ruling letter on the proper tax treatment of travel expense reimbursements paid to an employee who works out of residence in one state but who regularly travels to the taxpayer's office in another state and stays in a corporate apartment provided by the taxpayer for that time.
1/6/2005
Requesting information on new legislation, enacted as part of the Jobs Creation Act, that provides a deduction for production costs of certain film or television productions (Section 181 of the Internal Revenue Code). Specifically, whether the benefits of the provision will be available to corporate investors, individual investors, or both.
12/27/2004
Requesting information regarding the inclusion of income payments received from a corporation as reimbursement for the reduced market value of homes due to chemical contamination and how these payments should be reported on federal income tax returns.
11/15/2004
Requesting clarification of the rules determining whether certain agent-drivers and commission drivers are statutory employees (section 3121(d)(3)(A) of the Internal Revenue Code (the Code)). Also requesting reconsideration of the position taken in General Counsel Memorandum (GCM) 39853 (June 20, 1991), which concludes that route ownership is not an investment in facilities that exempts a worker from statutory employee status if the investment is substantial.
3/14/2005
Requesting information about deducting the cost of drugs imported from Canada.
10/15/2004
Requesting information regarding whether a city can transfer amounts from its eligible governmental section 457(b) deferred compensation plan to a governmental defined benefit plan for the purchase of permissive service credits, without tax consequences.
4/23/2004
Requesting information regarding the use of 401(k) savings to help supplement health care costs with oppostion to the 10 percent penalty incurred when using 401(k) funds for this purpose.
3/14/2005
Requesting information regarding the deduction of the cost of drugs and needles without insurance coverage.
3/4/2005
Requesting the name of a bill that taxes up to eighty percent of a social security recipient’s annuity based on the income of both spouses and the year the bill passed (possibly section 86 of the Internal Revenue Code).
3/2/2005
Requesting information regarding the June 2004 memorandum in reference to the Flood Mitigation Assistance Program, the Pre-Disaster Mitigation Program and the Hazard Mitigation Grant Program.
3/2/2005
Requesting information regarding the June 2004 memorandum in reference to the Flood Mitigation Assistance Program, the Pre-Disaster Mitigation Program and the Hazard Mitigation Grant Program.
2/28/2005
Requesting information about the new rules for vehicle donations under Section 170(f)(12) of the Internal Revenue Code and also if sales of donated vehicles by these organizations are in direct furtherance of the organizations’ charitable purposes.
2/14/2005
Requesting information regarding whether “reclassifying” a tuition voucher as a tax refund would increase an individual’s federal taxable income.
1/27/2005
Requesting a general information letter addressing six tax law principles affecting the adult fitness industry with reference to section 501(c)(3).
12/23/2004
Inquiry regarding the tax law changes affecting sections 1031 and 121 of the Internal Revenue Code.

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