1999 Chief Counsel's
Written Determinations
199945000 to 199949999
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.
| 199949034(PDF, 32K) |
12/2/1999 |
| Issues: (1) Whether the payments made by Corporate Debtor on Taxpayers' behalf which are subsequently avoided pursuant to a bankruptcy trustee's avoidance powers extinguished the Taxpayers' tax liabilities or tax assessments. (2) Whether the Service was required to give Taxpayers due process before remitting avoidable payments to the bankruptcy trustee, when the payments were made by Corporate Debtor against Taxpayers' tax liabilities. |
| 199949033(PDF, 26K) |
12/2/1999 |
| Issue: Does the special support test in � 152(e) of the Internal Revenue Code apply to determine if a child is a dependent of one of two parents who have never married each other? |
| 199949032(PDF, 36K) |
11/19/1999 |
| Issue: Whether there is a conflict between IRM 5.11.1.2.2.3 and Internal Revenue Code § 7429(a)(1)(A). |
| 199949031(PDF, 30K) |
11/19/1999 |
| Issue: Whether furniture displayed by Corporation should be treated for tax purposes as inventory or depreciable property used in its trade or business? |
| 199949030(PDF, 26K) |
12/13/1999 |
| Treasury Regulation § 1.1503-2(g)(2)(iii): This Chief Counsel Advice is not binding on Examination or Appeals and is not a final case determination. This document is not to be cited as precedent. |
| 199949029(PDF, 9K) |
11/19/1999 |
| Requests an extension of time under Treasury Regulation § 301.9100-3 to elect the provisions of Revenue Procedure 89-45, 1989-2 C.B. 596 for the Deferral Years. |
| 199949028(PDF, 6K) |
11/19/1999 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was organized on Date (1) A, as X's president and sole shareholder, represents that it was A's intent that X elect to be an S corporation effective for Year 1, X's first taxable year, as evidenced by X's Board of Directors' consent statement. |
| 199949027(PDF, 25K) |
11/19/1999 |
| Request dated October 7, 1998, and supplemented by letter dated May 21, 1999, for a private letter ruling concerning whether interest income may be allocated to Taxpayer under � 482 or � 7872 of the Internal Revenue Code with respect to certain advance payments made by Taxpayer for intercompany purchases under the cInternal Revenue Codeumstances described. |
| 199949026(PDF, 26K) |
11/19/1999 |
| Requesting a ruling that the noncompliance of certain of Taxpayer's policies with the requirements of § 7702 be waived pursuant to § 7702(f)(8). This ruling applies to the a contracts listed in Exhibit A. |
| 199949025(PDF, 27K) |
11/19/1999 |
| Rulings are requested on the application of the estate, gift, and generation-skipping transfer tax to a proposed settlement agreement regarding the Trust. The Trust was created by the Settlor during life and became irrevocable at his death in 1981. |
| 199949024(PDF, 19K) |
11/22/1999 |
| Requested rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated November 17, 1998, January 19, 1999, January 25, 1999, February 3, 1999, March 2, 1999, March 4, 1999, April 8, 1999, May 4, 1999, June 8, 1999, and June 14, 1999. |
| 199949023(PDF, 12K) |
12/1/1999 |
| Requested several ruling concerning the application of §§ 2518 and 2056 of the Internal Revenue Code. Decedent died on Date 1, survived by Spouse who was designated as personal representative of the estate. |
| 199949022(PDF, 6K) |
12/2/1999 |
| Response to a request filed on behalf of the above-named taxpayer regarding the late filing of a Form 8716, Election To Have a Tax Year Other Than a Required Tax Year. The taxpayer has requested that its late-filed Form 8716 be considered timely filed under authority contained in � 301.9100-3 of the Procedure and Administration Regulations. |
| 199949021(PDF, 8K) |
11/19/1999 |
| June 15, 1999, and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199949020(PDF, 12K) |
11/22/1999 |
| July 23, 1999, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199949019(PDF, 11K) |
11/22/1999 |
| July 23, 1999, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199949018(PDF, 13K) |
12/2/1999 |
| Requesting relief under § 1362(f) of the Internal Revenue Code and requesting the classification of Trust as a qualified subchapter S trust (QSST) under § 1361(d). FACTS: X incorporated under STATE1 law in D1 and elected subchapter S status as of D2. Grantor is one of three shareholders of X. |
| 199949017(PDF, 7K) |
11/19/1999 |
| August 2, 1999, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199949016(PDF, 55K) |
11/19/1999 |
| Issues: (1) Whether assets not involving distillation, fractionation, and catalytic cracking of crude petroleum may be reclassified from Class 13.3-Petroleum refining to Class 28.0 - Manufacture of Chemicals and Allied Products. (2) Whether an asset is excluded from MACRS Guideline Class 13.3 if it is used in a process that refines crude oil and produces gasoline and other components of crude oil, but does not involve the processes of "distillation, fractionation, and catalytic cracking of crude petroleum into gasoline and its other components." |
| 199949015(PDF, 7K) |
11/19/1999 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A, the chief executive officer and sole shareholder of X, represents that A consulted with a representative of the Small Business Administration as to the best method of forming X, and was advised that X should be an S corporation. |
| 199949014(PDF, 12K) |
11/19/1999 |
| Request for a ruling concerning whether compensation paid under the Plan upon the attainment of a performance goal will be considered performance-based compensation under � 162(m) (4)(C) of the Internal Revenue Code even though the compensation could have been paid upon the executive's termination without cause or for "good reason". |
| 199949013(PDF, 8K) |
11/19/1999 |
| Requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1 under State law. The shareholder of X intended that X elect to be treated as an S corporation for federal tax law purposes effective D2. However, the election to be treated as an S corporation was not timely filed. |
| 199949012(PDF, 8K) |
11/19/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The shareholders of X desired that X elect S corporation treatment for X, effective on Date 1, but the election to be treated as an S corporation was not timely filed. Accordingly, X requests a ruling that it will be treated as an S corporation effective Date 1. |
| 199949011(PDF, 17K) |
11/19/1999 |
| Requesting an extension of time under §301.9100-3 of the Procedure and Administration Regulations to file the waiver statement under Rev. Proc. 91-71, 1991-2 C.B. 900, with respect to the inclusion of Sub in Parent's consolidated federal income tax return for Year 2 and all subsequent taxable years. |
| 199949010(PDF, 6K) |
12/2/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The first date on which X had shareholders, acquired assets, or began doing business was Date (2) The sole shareholder of X desired that X elect S corporation treatment for X, effective on Date 2, but the election to be treated as an S corporation was not timely filed. |
| 199949009(PDF, 26K) |
12/3/1999 |
| Requesting rulings under � 280G of the Internal Revenue Code. Specifically, you requested a ruling that, under the facts outlined below, the Merger described below will not cause a change in the ownership or effective control of Corporation B, or in the change in the ownership of a substantial portion of the assets of Corporation B within the meaning of � 280G(b)(2) of the Code. |
| 199949008(PDF, 40K) |
12/13/1999 |
| Ruling request submitted on behalf of Company dated March 4, 1999, and supplemental letters dated May 6, 1999; June 25, 1999; July 29, 1999; and August 26, 1999. You have requested the following rulings: (1) the Trust will constitute a "qualified settlement fund" under § 468B of the Internal Revenue Code and § 1.468B-1 of the Income Tax Regulations, and (2) Company's payments to the Trust will be deductible by Company under §§ 162 and 461 when they are made. |
| 199949007(PDF, 6K) |
11/19/1999 |
| Requesting permission to change their accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective The taxpayers have requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations. |
| 199949006(PDF, 32K) |
11/19/1999 |
| Issue: Whether an IRS Economist may disclose, in his expert report to be included in the examination files of two separate entities which formed a joint venture, return information of those two separate entities where that expert report discusses the valuation of assets contributed by one of the two entities to the joint venture, and where the return information to be disclosed was obtained by the Service during the respective examinations of those two separate entities. |
| 199949004(PDF, 9K) |
11/19/1999 |
| Issues: (1) Who is liable for the excise tax imposed by § 4001 of the Internal Revenue Code when a vehicle is leased pursuant to the four party arrangements described below? (2) Who is liable for any additional excise tax resulting from an error made in computing the selling price of a vehicle? |
| 199949003(PDF, 33K) |
11/19/1999 |
| Issues: (1) Whether Taxpayer should be required to capitalize the periodic costs it incurs to clean, sandblast, prime and paint certain barge hulls under Internal Revenue Code § 263(a). (2) Whether costs incurred by Taxpayer to perform towboat engine maintenance in Years 1, 2 and 3 must be capitalized under � 263(a) or may those costs be deducted under � 162.(3) Whether in answering Issue 2 the analysis required by � 263 regarding material increases in value and life should be considered from the perspective of a composite asset only or should the towboat engines be considered separately from the towboats. |
| 199949002(PDF, 60K) |
11/19/1999 |
| Issue: Whether a $aa net operating loss ("NOL") carryover of the Corp2 and Subsidiaries consolidated return group can offset the Year8 through Year9 post-acquisition taxable income of Corp3, the survivor of a merger with the Corp4 group's Corp5, when Corp4's Corp5 was not a member of Corp2's consolidated return group during the pre-acquisition years and Corp3 was a defunct, empty shell corporation when it merged with Corp5. |
| 199949001(PDF, 43K) |
11/22/1999 |
| Issues: (1) Whether, for purposes of calculating the gain recognized in a transaction under Internal Revenue Code § 304(a)(1) in TY1, Sub1 should increase its basis in the stock of Fsub1 by the amount of an exchange gain recognized under I.R.C. § 986(c)(1) with respect to the deemed distribution of previously taxed income (PTI) under I.R.C. § 959. (2) Whether Fsub2's distribution to Sub1 in TY2 constituted a dividend rather than a return of capital. |
| 199948040(PDF, 35K) |
11/24/1999 |
| Issues: (1) Are the governmental rental subsidy payments described below and made directly to a low-income owner of a manufactured home for the owner's use in renting pad space for the manufactured home excludible from the owner's gross income? (2) Does the governmental payor of the rental subsidies described below have any information reporting obligations under the Internal Revenue Code as to a recipient owner of a manufactured home? |
| 199948029(PDF, 55K) |
12/3/1999 |
| Jack Schulman, an independent insurance agent for Primerica Life Insurance Company, died intestate on June 30, 1996. Primerica paid Schulman on commission, including commissions for policy renewals that continue to be paid to Schulman's estate. The amount of commission income to the estate is between $10,000 and $15,000 per month. Primerica will continue to pay commission income to Schulman's estate as long as policies he issued or managed continue to be renewed. The estate owes federal taxes on 1991, 1992, 1995 and 1996 tax assessments against Schulman, 1 although the 1995 and 1996 assessments were made after his death. The 1991 and 1992 taxes, totaling about $245,000, are secured by notices of federal tax lien filed in 1993. The 1995 and 1996 taxes, assessed on July 6, 1998 and totaling about $138,000, are unsecured. |
| 199948028(PDF, 34K) |
11/24/1999 |
| Issue: Whether the district could enter into agreements with the states of Virginia and West Virginia for the acceptance of joint or simultaneous offers to compromise both Federal and state tax liabilities. |
| 199948027(PDF, 26K) |
11/17/1999 |
| Issues: (1) Does an overstatement of the nonrefundable portion of the child tax credit under § 24(a) of the Internal Revenue Code result in a deficiency that may be assessed under the deficiency procedures? (2) Does an overstatement of the refundable portion of the child tax credit under § 24(d) result in a deficiency that may be assessed under the deficiency procedures? |
| 199948026(PDF, 7K) |
11/17/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. X's shareholders intended that X be a subchapter S corporation, effective D2; however, an S corporation election under § 1362 was not timely filed. |
| 199948025(PDF, 16K) |
11/17/1999 |
| Requesting a ruling that the use of no more than i residential rental units as after-school care rooms as described in the below facts will qualify as a common area that is functionally related and subordinate to Project within the meaning of § 1.103-8(a)(3) and § 1.103-8(b)(4) (iii) of the Income Tax Regulations. The Internal Revenue Service District Office that has examination jurisdiction over the Taxpayer is the b District. |
| 199948024(PDF, 19K) |
11/17/1999 |
| Requested rulings regarding the estate, gift and generation-skipping transfer tax consequences of an irrevocable qualified terminable interest property (QTIP) trust under §§ 2044, 2523, 2631, 2632(a)(2), and 2652 of the Internal Revenue Code. |
| 199948023(PDF, 8K) |
11/17/1999 |
| Requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS X was incorporated under State law on D1. The shareholders of X intended that X elect to be treated as an S corporation for federal tax law purposes effective D1. However, the election to be treated as an S corporation was not timely filed. |
| 199948022(PDF, 10K) |
11/17/1999 |
| Requesting that we supplement our letter ruling dated March 26, 1998 (PLR-117406-97) (the "Prior Letter Ruling"). Additional information was submitted in letters dated July 1, July 29, August 5, August 6, and August 11, 1999. Capitalized terms retain the meanings assigned to them in the Prior Letter Ruling. |
| 199948021(PDF, 8K) |
11/17/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The sole shareholder of X desired that X elect S corporation treatment for X, effective on Date 1, but the election to be treated as an S corporation was not timely filed. Accordingly, X requests a ruling that it will be treated as an S corporation effective Date 1. |
| 199948020(PDF, 8K) |
11/17/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The first date on which X had shareholders, acquired assets, or began doing business was Date (2) The sole shareholder of X desired that X elect S corporation treatment for X, effective on Date 2, but the election to be treated as an S corporation was not timely filed. |
| 199948019(PDF, 46K) |
11/17/1999 |
| Issue: What are the rules for determining the proper tax treatment of reimbursements that X provides to its personnel who are required to incur daily transportation expenses in going between their residences and a business location other than the designated office of each. |
| 199948018(PDF, 45K) |
11/17/1999 |
| Issue: What are the rules for determining the proper tax treatment of reimbursements that X provides to its personnel who are required to incur daily transportation expenses in going between their residences and a business location other than the designated office of each. |
| 199948017(PDF, 8K) |
11/17/1999 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. However, operations did not begin and shares were not issued until Year 1. |
| 199948016(PDF, 39K) |
11/17/1999 |
| Issue: What are the rules for determining the proper tax treatment of reimbursements that X provides to its personnel who are required to incur daily transportation expenses in going between their residences and a business location other than the designated office of each. |
| 199948015(PDF, 7K) |
11/17/1999 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A is the sole shareholder and president of X. A intended that X elect to be an S corporation beginning Year 1, its first taxable year. |
| 199948014(PDF, 19K) |
11/17/1999 |
| Ruling was requested that the implementation of a proposed settlement agreement will not cause Trust or any distributions from Trust to be subject to the Generation-Skipping Transfer Tax under § 2601 of the Internal Revenue Code. |
| 199948013(PDF, 7K) |
11/17/1999 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. X's shareholders intended that X be a subchapter S corporation, effective D1; however, an S corporation election under § 1362 was not timely filed. |
| 199948012(PDF, 27K) |
11/17/1999 |
| Requesting an extension of time, under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations, for Parent to make late elections. Parent (as the common parent of the consolidated group that now includes the foreign purchasing corporation and deemed foreign purchasing corporation (i.e., Purchaser and "new" Target #1, respectively) and as the United States shareholder thereof) |
| 199948011(PDF, 21K) |
11/17/1999 |
| Ruling is requested that the Plan qualifies as an "employee stock purchase plan," as defined in � 423(b) of the Internal Revenue Code. Additional rulings are requested concerning the tax consequences of the Plan. |
| 199948010(PDF, 10K) |
11/24/1999 |
| Requesting a ruling that the rental income received by X from renting commercial real estate (Properties) is not passive investment income within the meaning of � 1362(d)(3)(C)(i). FACTS: X was incorporated in State on D1 and elected under � 1362(a) to be taxed as a subchapter S corporation effective D2. |
| 199948009(PDF, 8K) |
11/17/1999 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation election will be effective as of the taxable year beginning D1. FACTS: According to the information submitted, X, wholly owned by A, was incorporated on D1 and it was decided that X would be an S corporation. The Form 2553, Election by a Small Business Corporation, however, was not timely filed. |
| 199948008(PDF, 7K) |
11/17/1999 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a under the laws of State. Company has several shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199948007(PDF, 7K) |
11/17/1999 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a in State. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since b. |
| 199948006(PDF, 36K) |
11/17/1999 |
| Issue: Whether three promissory notes executed by P are includible in eligible basis for purposes of calculating the allowable amount of low-income housing tax credits. |
| 199948005(PDF, 41K) |
11/17/1999 |
| Issues: (1) Who is the proper party to execute a Form 872 (Consent to Extend the Time to Assess Tax) with respect to the Consolidated Group for the group's Year 1 tax year and Year 2 short tax year ending on Date. (2) What is the proper language to use on the Form 872 extending the time to assess the tax of the Consolidated Group for the Year 1 tax year and Year 2 short tax year ending on Date.(3) Who should sign the Form 872 on behalf of the proper corporate agent for the Consolidated Group.(4) What documents should the Service secure to insure that the Form 872 is valid. |
| 199948004(PDF, 22K) |
11/29/1999 |
| Issue: Whether levies upon taxpayers' Social Security benefits using Form 668-W are proper. |
| 199948003(PDF, 26K) |
11/17/1999 |
| Issues: (1) For purposes of applying the foreign sales corporation (FSC) administrative pricing rules to the "full costing" combined taxable income (CTI) of a FSC and its related supplier under � 925(a) of the Internal Revenue Code (Code), if a taxpayer elects to group transactions into products, may products be selectively included in a second level of grouping that includes more than one product but less than every product in a product line determined in accordance with either the recognized trade or industry usage or SIC code standard under Temporary Treasury Regulation § 1.925(a)-1T(c)(8)(ii)? (2) In computing the overall profit percentage (OPP) pursuant to the marginal costing rules under � 925(b) of the Code, is a permissible method of grouping under Temp. Treas. Reg. § 1.925(b)-1T(b)(3)? |
| 199948002(PDF, 35K) |
11/17/1999 |
| Issue: Whether bonuses paid to employees of the Company in are considered amounts deferred under a nonqualified deferred compensation plan that should be taken into account under Treasury Regulation § 31.3121(v)(2)-1(b)(3)(i) as FICA wages. |
| 199948001(PDF, 52K) |
11/17/1999 |
| Issue: Whether a truck driver is an employee of a labor leasing company or the trucking company that is the leasing company's client. |
| 199947029(PDF, 28K) |
11/18/1999 |
| Issue: In a real property condemnation, when a state's lump-sum payment to a landowner includes both the proceeds of the condemnation and an interest component, what information returns must be filed? |
| 199947028(PDF, 37K) |
11/10/1999 |
| Issue: What is the character and source of the Lump Sum Payment from Corp X paid to Corp B pursuant to the Endorsement Contract. |
| 199947027(PDF, 41K) |
11/10/1999 |
| Issue: Whether Taxpayer A, a model and actor, is an "entertainer" with respect to Taxpayer A's activities under the Agreement, for purposes of Artistes and Athletes Article of the U.S.- Country X Treaty. |
| 199947026(PDF, 44K) |
11/10/1999 |
| Issues: (1) Whether rolling stock or other mobile assets (hereafter, collectively referred to as "mobile assets) that are used both on and off an Indian reservation satisfy the requirements of � 168(j)(4)(A)(i) and (ii)? (2) If a taxpayer mistakenly used a recovery period in � 168(c) for qualified Indian reservation property on two or more consecutively filed federal tax returns, may the taxpayer file amended returns to change from that recovery period to the applicable recovery period in � 168(j)? |
| 199947025(PDF, 9K) |
11/18/1999 |
| Requesting relief under § 1362(f) of the Internal Revenue Code. The information submitted states that in Year 1, X analyzed the benefits of being an S corporation. Following its analysis, X decided to elect to be an S corporation for its taxable year beginning on D1. |
| 199947024(PDF, 16K) |
11/10/1999 |
| May 26, 1999, requesting rulings as to the income tax consequences of a proposed transaction. |
| 199947023(PDF, 8K) |
11/10/1999 |
| Requests an extension of time under Treasury Regulation § 301.9100-3 to file Form 8279, Election To Be Treated as a FSC or as a Small FSC, pursuant to Temp. Treas. Reg. § 1.921-1T(b)(1), Q&A 1, effective for the tax year beginning on Date A. |
| 199947022(PDF, 24K) |
11/18/1999 |
| April 12, 1999, from your authorized representative requesting rulings under §§ 642, 2055, and 2518 of the Internal Revenue Code. |
| 199947021(PDF, 6K) |
11/10/1999 |
| Requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending to a taxable year ending, 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. |
| 199947020(PDF, 38K) |
11/10/1999 |
| May 17, 1999 for rulings about the federal income tax consequences of a proposed transaction. We have received additional information in letters dated July 28, 1999, August 18, 1999, August 19, 1999, August 26, 1999 and August 27, 1999. |
| 199947019(PDF, 20K) |
11/10/1999 |
| November 23, 1998, for rulings concerning the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated March 23, 1999, April 8, 1999, April 28, 1999, June 28, 1999, June 30, 1999, July 1, 1999, July 6, 1999, and July 19, 1999. |
| 199947018(PDF, 7K) |
11/10/1999 |
| 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, to a taxable year ending, 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. |
| 199947017(PDF, 7K) |
11/10/1999 |
| 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, to a taxable year ending, 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. |
| 199947016(PDF, 7K) |
11/10/1999 |
| 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, to a taxable year ending, 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. |
| 199947015(PDF, 7K) |
11/10/1999 |
| 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, to a taxable year ending, 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. |
| 199947014(PDF, 22K) |
11/10/1999 |
| October 25, 1998, requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to file an election. Purchaser and Sellers are requesting the extension to file a "section 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 (the "Election"), with respect to Purchaser's acquisition of Target on Date B. |
| 199947013(PDF, 9K) |
11/10/1999 |
| February 23, 1999, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreement and certification described in § 1.1503-2(g)(2)(i) and (vi) for the fiscal year ending on Date A and for the short year ended on Date B. Supplementary information was submitted in letters dated June 24, 1999, and July 30, 1999. |
| 199947012(PDF, 9K) |
11/10/1999 |
| May 12, 1999, and subsequent correspondence submitted on behalf of X by X's authorized representative, requesting that X be given an extension of time in which to treat Y as a qualified subchapter S subsidiary under § 1361(b)(3)(B) of the Internal Revenue Code. |
| 199947011(PDF, 70K) |
11/18/1999 |
| Issue: Is DSub4 taxable under � 367(a)(1) upon its reincorporation as FSub1, followed by FSub1's disposition of a percent of its Interests to FCorp3, an unrelated foreign company? |
| 199947010(PDF, 41K) |
11/18/1999 |
| Issue: Whether Temporary Treasury Regulation § 1.453C-10T is a valid interpretation of � 811(c)(2) of the Tax Reform Act of 1986, relating to obligations arising from certain installment sales by manufacturers to dealers, because in drafting the regulation the Treasury Department limited the statute's scope so as to benefit a single taxpayer, in contravention of the statute's wording but in accordance with what was perceived to be congressional intent? |
| 199947009(PDF, 29K) |
11/10/1999 |
| Issue: Are the survivor benefits that Taxpayer received from the U.S. government after she renounced her U.S. citizenship on Date E exempt from U.S. federal income tax under the U.S.- German income tax treaty 1? |
| 199947008(PDF, 40K) |
11/10/1999 |
| Issue: Whether, for the Year 1, Year 2, and Year 3 taxable years, Taxpayer is entitled to the special deduction under � 11305(c)(3) of the Revenue Reconciliation Act of 1990 ("the 1990 Act"), 1991-2 C.B. 484, 507. |
| 199947007(PDF, 10K) |
11/18/1999 |
| Issue: Does � 461(h) of the Internal Revenue Code prevent Taxpayer from deducting the amount of a judgment entered against him, prior to its payment? |
| 199947006(PDF, 61K) |
11/10/1999 |
| Issues: (1) Are Taxpayer's foreign currency losses characterized as ordinary or capital losses? (2) Did Taxpayer's trading activities rise to the level of a trade or business? |
| 199947005(PDF, 31K) |
11/10/1999 |
| Issue: How should the limitation on entertainment expense deductions provided by Internal Revenue Code § 274(n) be applied to entertainment expenses incurred by X's employees at X-operated facilities and reimbursed by X under an accountable plan? |
| 199947004(PDF, 35K) |
11/24/1999 |
| Issues: (1) Whether Husband may deduct in Year 3 50 percent of the losses on the Franchise, a trade or business he embarked upon jointly with Wife while they were still married, on the theory that he had a community property interest in the Franchise. (2) Whether a partnership existed between Husband and Wife in connection with the Franchise that would enable him to claim 50 percent of the losses of the Franchise in the year at issue. |
| 199947003(PDF, 72K) |
11/9/1999 |
| Issues: (1) Do Taxpayer's claims for refund with respect to amounts paid under its severance plan, stock option plan, and Performance Unit Plan, filed under � 3121(v)(2) after the publication date of the Proposed Regulations but before the effective date of the Final Regulations, satisfy the requirements for a "reasonable, good faith interpretation" of � 3121(v)(2)? (2) Should Taxpayer's claims for refund, treating amounts paid under its severance plan, stock option plan, and Performance Unit Plans as nonqualified deferred compensation under � 3121(v)(2) for years preceding the effective date of the Final Regulations, be granted? |
| 199947002(PDF, 55K) |
11/9/1999 |
| Issue: Whether contributions to Fund A by TP2, a Subchapter S corporation wholly-owned by TP1, fall within the � 419A(f)(5) exception to the account limit rules of � 419A of the Code. |
| 199947001(PDF, 21K) |
11/18/1999 |
| Request for rulings dated June 8, 1998, on the federal income tax consequences of a proposed transaction. You have submitted additional information in letters dated October 1, 1998, November 18, 1998, and December 3, 1998. |
| 199946027(PDF, 7K) |
11/2/1999 |
| August 19, 1998, and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199946026(PDF, 6K) |
11/2/1999 |
| February 25, 1999, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199946025(PDF, 7K) |
11/10/1999 |
| May 18, 1999, and subsequent correspondence, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199946024(PDF, 8K) |
11/2/1999 |
| January 6, 1999 letter and subsequent correspondence submitted on behalf of X by X's authorized representative requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199946023(PDF, 7K) |
11/2/1999 |
| May 4, 1999, and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199946022(PDF, 7K) |
11/2/1999 |
| May 15, 1999, and subsequent correspondence submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199946021(PDF, 16K) |
11/2/1999 |
| Trustee 1 seeks rulings that the Trust is exempt from the generation-skipping transfer tax and that certain proposed modifications to the trustee succession provisions of the Trust will not result in the imposition of the GST tax on distributions from such trust to skip persons. |
| 199946020(PDF, 9K) |
11/10/1999 |
| June 1, in which you requested a ruling 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 of 1986. |
| 199946019(PDF, 8K) |
11/10/1999 |
| March 25, 1999, requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's loss 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. |
| 199946018(PDF, 52K) |
11/2/1999 |
| April 30, 1999 request for rulings on certain federal income tax consequences of a proposed transaction and its effects on prior rulings issued by this office in letters dated October 30, December 4, and December 5, 1996, and May 27, 1997 (collectively, the "Prior Rulings"). |
| 199946017(PDF, 6K) |
11/2/1999 |
| Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayers, requesting permission to change their accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective. The taxpayers have requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations. |
| 199946016(PDF, 7K) |
11/2/1999 |
| Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayers, requesting permission to change their accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective. The taxpayers have requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations. |
| 199946015(PDF, 7K) |
11/2/1999 |
| Responds to a letter dated March 17, 1999, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 of Year 1. |
| 199946014(PDF, 10K) |
11/2/1999 |
| February 18, 1999, ruling request and subsequent correspondence submitted on behalf of X by its authorized representative, concerning relief under § 1362(f) of the Internal Revenue Code. |
| 199946013(PDF, 21K) |
11/2/1999 |
| March 31, 1999 letter, or behalf of the above taxpayers, 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 the extension to file a "section 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 (the "Election"), with respect to Purchaser's acquisition of the Target stock on Date A. |
| 199946012(PDF, 11K) |
11/1/1999 |
| Requested the Service's determination that your enhanced oil recovery project in the A qualifies for the credit under § 43 of the Internal Revenue Code. Specifically you requested rulings that: (1) Each of the two tertiary recovery methods used are qualified tertiary recovery methods, and; (2) the project is a "qualified enhanced oil recovery project" within the meaning of § 43(c)(2) of the Code. |
| 199946011(PDF, 22K) |
11/1/1999 |
| April 2, 1999, in which rulings are requested regarding the federal income tax consequences of a proposed transaction. |
| 199946010(PDF, 30K) |
11/1/1999 |
| Issue: With respect to the proposed waivers and closing agreements: (a) what is the proper language to identify the taxpayer on them and (b) who is the proper party to execute them? |
| 199946009(PDF, 20K) |
11/2/1999 |
| Request dated June 11, 1999, submitted on your behalf by your authorized representative, for rulings on the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated July 28, 1999 and August 5, 1999. |
| 199946008(PDF, 62K) |
11/2/1999 |
| Issues: (1) Whether the issuance and redemption of preferred stock of the taxpayer's subsidiary, which generated a net tax benefit to the taxpayer from foreign tax credits, should be disregarded for federal income tax purposes. (2) Whether the taxpayer's claimed deduction for a foreign exchange loss arising in connection with the preferred stock transaction should be denied. |
| 199946007(PDF, 14K) |
11/2/1999 |
| March 26, 1999, requesting rulings as to the income tax consequences of a proposed transaction. Additional information was submitted in a letter dated June 25, 1999. |
| 199946006(PDF, 11K) |
11/22/1999 |
| Rulings dated December 2, 1998, on the federal income tax consequences of a proposed transaction concerning § 355 of the Internal Revenue Code. We received additional information in letters dated May 27 and August 12,1999. |
| 199946005(PDF, 14K) |
11/1/1999 |
| Issues: (1) Are amounts $b and $c, paid to P by X, Y, and the other partners in P as monthly fixed costs and hourly aInternal Revenue Coderaft usage charges, respectively, subject to the excise tax on amounts paid for taxable transportation under § 4261 of the Internal Revenue Code? (2) Is the $c hourly aInternal Revenue Coderaft usage charge subject to the § 4261 tax for a flight in which an employee of one of the partners acts as a pilot of the aInternal Revenue Coderaft? |
| 199946004(PDF, 42K) |
11/1/1999 |
| Issues: (1) Whether a property and casualty insurer which issues claims-made medical malpractice insurance policies 1 may maintain an unearned premium reserve attributable to the projected cost of providing tail coverage 2 during the extended reporting period triggered by the insured's death, when the insured is not deceased at the end of the taxable year. (2) Whether a property and casualty insurer which issues claims-made medical malpractice insurance policies may maintain an unearned premium reserve attributable to the projected cost of providing tail coverage during the extended reporting period triggered by the insured's disability, when the insured is not disabled at the end of the taxable year. (3) Whether a property and casualty insurer which issues claims-made medical malpractice insurance policies may maintain an unearned premium reserve attributable to the projected cost of providing tail coverage during the extended reporting period triggered by the insured's retirement, when the insured is not retired at the end of the taxable year. (4) Whether, assuming that all or some of the above-mentioned reserve is properly treated as unearned premium for federal income tax purposes, taxpayer may treat such unearned premium reserves as life insurance reserves pursuant to Internal Revenue Code § 832(b)(7)(A), thereby avoiding the 20% "haInternal Revenue Codeut" applicable to unearned premium reserves for property and casualty insurance pursuant to § 832(b)(4).3 (5) Whether, assuming that all or some of the above-mentioned reserve should be treated as an unearned premium reserve, such reserve should be reduced by potential ceded losses. |
| 199946003(PDF, 56K) |
11/10/1999 |
| Issues: (1) For purposes of determining whether the production of wine grape vines may be exempted from § 263A of the Internal Revenue Code under § 263A(d)(1), is the nationwide weighted average preproductive period of wine grape vines greater than two years? (2) For purposes of determining the actual preproductive period for cost capitalization under § 263A, did the taxpayers produce a marketable quantity of wine grapes in Year 4, Year 5, or Year 6?(3) Does the actual preproductive period for cost capitalization under § 263A end when the first marketable quantity of wine grapes is harvested or at the beginning of the annual growing cycle that produces such a harvest?(4) Did the taxpayers make an effective election under § 263A(d)(3)(D) such that § 263A does not apply to their production of wine grape vines? |
| 199946002(PDF, 17K) |
11/2/1999 |
| January 20,1999, requesting rulings as to the federal income tax consequences of certain proposed transactions. Additional information was submitted by letter on July 7, 1999. |
| 199946001(PDF, 17K) |
11/1/1999 |
| Issues: (1) Where X manufactures and sells as a single unit a concrete mixer vehicle, the chassis of which is subject to tax under § 4051 of the Internal Revenue Code and the body of which is exempt from the tax under § 4053(5), how does X determine the taxable portion of the price? (2) Is X considered to have further manufactured the vehicle chassis by adding a pusher axle?(3) If X is considered to have further manufactured the vehicle chassis by adding a pusher axle to the chassis, does the § 4052(b)(4)(A) four percent presumed markup apply to the taxable portion of the price?(4) For purposes of the tax under § 4051, are charges for delivery of the concrete mixer vehicle from the manufacturer to the purchaser excluded from the sale price of the mixer vehicle? |
| 199945043(PDF, 25K) |
10/27/1999 |
| Issue: Do the information reporting requirements imposed on a broker who effects a sale of stock over the Internet differ from the reporting requirements imposed if the sale is effected in the traditional manner, i.e., not over the Internet? |
| 199945042(PDF, 29K) |
11/1/1999 |
| Issues: (1) In a Chapter 7 case, when the Internal Revenue Service files a Notice of Federal Tax Lien prepetition, are the penalties that accrue postpetition a secured claim if the tax lien is oversecured? (2) In what priority order should prepetition secured nonpecuniary loss penalties be paid in a Chapter 7 case? |
| 199945041(PDF, 15K) |
11/1/1999 |
| Federal Rules of Criminal Procedure - New Rule 32.2 Approved This memorandum provides a review of new Rule 32.2 of the Federal Rules of Criminal Procedure approved by the U.S. Judicial Conference and sent for approval to the U.S. Supreme Court. The new rule creates a comprehensive guide for criminal forfeiture cases, replaces current Rules 7(c)(2), 31(e) and 32(d)(2), and strikes the forfeiture related provisions of Rule 38(e). |
| 199945040(PDF, 6K) |
11/2/1999 |
| Resubmission of Case involving Pursuant to CCDM Part (31)4(15)0(4), we have reviewed your resubmission of the case against (hereinafter referred to as ) for filing false income tax returns for the years through in violation of Internal Revenue Code § 7206(1). On June 9, 1999, this case was referred to the Department of Justice for prosecution; and on July 2, 1999, the Tax Division declined prosecution. |
| 199945039(PDF, 7K) |
11/1/1999 |
| April 14, 1999, and subsequent correspondence submitted on X's behalf, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. The shareholders of X are A, B, C, and D. B, as X's secretary, represents that it was the shareholders' intent that X elect to be an S corporation effective D2 of Year 1. |
| 199945038(PDF, 13K) |
10/27/1999 |
| Request for a private letter ruling, submitted on behalf of the above-named Taxpayer, relating to a transaction intended to qualify, at the election of the Taxpayer, for nonrecognition of gain under � 1033 of the Internal Revenue Code . |
| 199945037(PDF, 40K) |
11/1/1999 |
| Issue: Are pre-November 19, 1990 extraordinary gain dispositions eliminated from both the extraordinary gain disposition ("EGD") and the positive investment adjustment ("PIA") accounts in computing the loss disallowance amount under Treasury Regulation § 1.1502-20 ("-20")? |
| 199945036(PDF, 23K) |
11/2/1999 |
| March 5, 1999, requesting, on behalf of Purchaser, 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 Purchaser to file an election under § 338(g) of the Internal Revenue Code (the "Code") and § 1.338-1(d) of the Income Tax Regulations, with respect to Purchaser's acquisition of Target stock on Date A (hereinafter referred to as the "Election"). |
| 199945035(PDF, 8K) |
10/27/1999 |
| April 10, 1999, submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1. X intended to be treated as an S corporation for federal income tax purposes effective on D1, but the S election was not timely filed. |
| 199945034(PDF, 6K) |
10/27/1999 |
| February 3, 1999, and subsequent correspondence, submitted by you on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on Date 1. |
| 199945033(PDF, 17K) |
10/27/1999 |
| May 21, 1999, on behalf of Decedent's estate, in which you request rulings concerning a "reverse" qualified terminable interest property (QTIP) election under § 2652(a)(3) of the Internal Revenue Code and the generation-skipping transfer tax consequences of a division of a trust. |
| 199945032(PDF, 10K) |
10/28/1999 |
| July 2, 1999, requesting rulings on behalf of Fund. Fund seeks consent to revoke an election previously made under § 4982(e)(4)(A) of the Internal Revenue Code to apply §§ 4982(b)(1)(B), 4982(e)(2), and 4982(e)(5) on the basis of Fund's taxable year in lieu of the twelve-month period ending on October 31. |
| 199945031(PDF, 12K) |
11/2/1999 |
| May 21, 1999, submitted on behalf of Funds 1 through 49, that the Internal Revenue Service rule as follows: (1) No fund or shareholder will recognize gain or loss on the conversion of Class A shares, Class B shares, or Class C shares to Class D shares of the same fund pursuant to a proposed conversion feature; (2) Each shareholder's basis in the Class D shares received on the conversion will equal the shareholder's basis in the converted Class A, Class B, or Class C shares immediately before the conversion; and (3) Each shareholder's holding period for the Class D shares received on the conversion will include the shareholder's holding period for the converted Class A, Class B, or Class C shares, provided that the shareholder held those converted shares as capital assets immediately before the conversion. |
| 199945030(PDF, 12K) |
10/27/1999 |
| May 10, 1999, requesting rulings about the federal income tax consequences of a partially completed transaction. The information submitted is summarized below. Acquiring is a State A corporation engaged in Business X. Acquiring is a publicly traded corporation with common and preferred stock authorized and common stock outstanding. |
| 199945029(PDF, 28K) |
10/27/1999 |
| April 26, 1999 letter, on behalf of the above taxpayers, requesting an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 199945028(PDF, 36K) |
11/2/1999 |
| January 27, 1999, requesting our review of the language of a draft Form 872 Consent To Extend The Time To Extend Tax, for the years ending Year 1 and Year 2, attached to your memorandum. We have the following comments concerning the currency gains issue. |
| 199945027(PDF, 7K) |
10/27/1999 |
| July 26, 1999, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a under the laws of State. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199945026(PDF, 7K) |
11/2/1999 |
| June 1, 1999, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a under the laws of State. Company has two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199945025(PDF, 7K) |
10/26/1999 |
| May 27, 1999, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a under the laws of State. Company has two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199945024(PDF, 7K) |
10/26/1999 |
| June 2, 1999, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a under the laws of State. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199945023(PDF, 28K) |
10/26/1999 |
| Ruling concerning the Fund's information reporting obligations as to the distributions described below. FACTS The Fund is a qualified settlement fund (QSF) as described in § 468B of the Internal Revenue Code. The Fund was created to settle numerous lawsuits brought against Defendant and others relating to Plaintiffs' investment in certain partnership interests. |
| 199945022(PDF, 19K) |
10/26/1999 |
| Response to your authorized representative's letter dated June 22, 1999, and previous correspondence requesting rulings on the estate, gift, and generation-skipping transfer tax (GSTT) consequences of a proposed modification of three trusts established under the will of Decedent. |
| 199945021(PDF, 11K) |
10/28/1999 |
| March 2, 1999, together with subsequent correspondence, written on behalf of X, requesting a ruling under � 1361 of the Internal Revenue Code and a ruling that X be given an extension of time to elect to treat Y as a Qualified Subchapter S Subsidiary for federal tax purposes for its taxable year beginning D1. |
| 199945020(PDF, 10K) |
10/26/1999 |
| April 16, 1999, and subsequent correspondence, submitted on behalf of Fund A and Fund B (Funds) requesting an extension of time for each Fund to make an election under § 851(b)(1) of the Internal Revenue Code to be treated as a regulated investment company (RIC) beginning with its initial taxable year. Each Fund requests that its election be considered timely filed pursuant to §§ 301.9100-1 and -3 of the Procedure and Administration Regulations. |
| 199945019(PDF, 13K) |
10/26/1999 |
| Requesting an extension of time for each Fund to make an election under § 851(b)(1) of the Internal Revenue Code to be treated as a regulated investment company (RIC) beginning with its initial taxable year. Each Fund requests that its election be considered timely filed pursuant to §§ 301.9100-1 and -3 of the Procedure and Administration Regulations. |
| 199945018(PDF, 9K) |
10/26/1999 |
| June 29, 1999, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation status will be effective as of the taxable year beginning D1. FACTS: According to the information submitted, X was incorporated on D1 and it was decided that X would be an S corporation. |
| 199945017(PDF, 32K) |
10/28/1999 |
| Issues: (1) Did Shareholder, a majority shareholder in Corporation, an S corporation (that was formerly a C corporation) receive constructive dividends in the amount of the fair rental lease value for the use of Asset, given that Shareholder did not pay Corporation for use of Asset from YEAR 6 to YEAR 8? (2) In the alternative, what are the Subchapter S consequences resulting from a determination that retaining Asset is compensation to Shareholder as opposed to a constructive dividend? |
| 199945016(PDF, 12K) |
10/28/1999 |
| Requested rulings regarding your purchase of gas properties. You represented that: B owned certain interests in gas producing properties and contracts for the gathering, transportation, processing and sale of gas from the properties (the Assets). A, a wholly owned entity disregarded for federal tax purposes, was formed to acquire the Assets of B. C is the sole member of A. |
| 199945015(PDF, 36K) |
11/2/1999 |
| Request for a ruling on behalf of the Company and the Fund concerning certain income and employment tax consequences of the payment of contributions to and benefits paid from the Fund. |
| 199945014(PDF, 38K) |
10/26/1999 |
| Issues: (1) Whether the amounts paid to settle a lawsuit are specified liability losses within the meaning of Internal Revenue Code § 172(f)(1). (2) Whether legal expenses incurred in the lawsuit are specified liability losses. |
| 199945013(PDF, 100K) |
11/12/1999 |
| Issue: Whether payments of contingent interest made to Corporation Y and Corporation X were constructive dividends. |
| 199945012(PDF, 16K) |
11/3/1999 |
| Requested rulings concerning the gift and generation-skipping transfer tax consequences of a proposed disclaimer. This letter responds to your request. The information submitted and representations made are summarized as follows: A died testate on a, prior to January 1, 1977. |
| 199945011(PDF, 69K) |
11/2/1999 |
| Issues: (1) Whether application of the comparable profits method (CPM) under � 482 requires adjustments, based on the potential for imposition of antidumping duties on U.S. imports of tangible merchandise, and the obligation to post cash deposits for the estimated amount of such duties. (2) Whether the taxpayer must ignore antidumping duty deposits as "extraordinary," or consistently treat them both for purposes of determining taxable income and evaluating arm's length results for purposes of � 482.(3) Assuming that the taxpayer's basic position with respect to antidumping duties and deposits were correct, whether it correctly calculated the adjustment to income pursuant to Treasury Regulation §§ 1.482-1(a)(3) and 1.482-1(f)(2)(iii). |
| 199945010(PDF, 24K) |
11/2/1999 |
| Requested rulings concerning the gift and generation-skipping transfer tax consequences of a proposed disclaimer. |
| 199945009(PDF, 37K) |
10/28/1999 |
| Issue: Whether Taxpayer and its subsidiaries are entitled to deductions for "insurance" premiums paid to C pursuant to a brother-sister captive insurance arrangement. |
| 199945008(PDF, 17K) |
10/26/1999 |
| Issue: Are the proceeds that result from the sale of the right to receive lottery winnings capital gain or ordinary income? |
| 199945007(PDF, 22K) |
11/2/1999 |
| Potential Impact of Richardson v. United States on Criminal Tax Cases In Richardson v. United States, No. 97-8629, 1999 U.S. LEXIS 3640 (June 1, 1999), a six-member majority held that in a prosecution under the federal "continuing criminal enterprise" ("CCE") statute, 21 U.S.C. § 848, a jury must unanimously agree on the specific drug violations constituting the "continuing series." |
| 199945006(PDF, 44K) |
11/3/1999 |
| Issues: (1) Whether X's acquisition of C Corporation fails to qualify as a tax-free reorganization under Internal Revenue Code § 368(a)(2)(E) because "substantially all" of the assets of C Corporation were not held by C Corporation after its merger with Newco? 2 Whether X's acquisition of C Corporation fails to qualify as a tax-free reorganization under the continuity of business enterprise doctrine? 3 Whether X's acquisition of C Corporation fails to qualify as a tax-free reorganization under the continuity of interest doctrine? |
| 199945005(PDF, 42K) |
10/26/1999 |
| Issue: Whether a proposed closing agreement should be entered into by the Internal Revenue Service. |
| 199945004(PDF, 58K) |
10/28/1999 |
| Issues: (1) Whether Corp A may currently deduct attorneys' fees and accountants' fees incurred for the Initial Public Offering (IPO) of a Real Estate Investment Trust (REIT). (2) Whether � 482 could be applicable to the present case. |
| 199945003(PDF, 11K) |
10/26/1999 |
| December 17, 1998, submitted by your authorized representative requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that your loss of United States citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199945002(PDF, 36K) |
10/26/1999 |
| Issues: (1) Whether, under the specific cInternal Revenue Codeumstances cited, there was a violation of Internal Revenue Code § 6103(a). (2) Whether it is appropriate for a special agent to contact an AUSA where an informant has alleged violations of both tax and non-tax federal laws. |
| 199945001(PDF, 5K) |
10/26/1999 |
| Request in this case, based in part, on their conclusion that there had been disclosure violations arising from the manner in which a CID special agent brought together an informant and Assistant United States Attorney. This Office became involved for we were lead to believe what occurred herein might be standard practice in the New England District. |
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