| 200004043(PDF, 151K) |
8/9/2001 |
| The purpose of this letter is to inform you that LTR 9133034 is hereby revoked in accordance with � 12.04 of Rev. Proc. 99-1, 1999-l I.R.B. 6, 47. |
| 200004042(PDF, 191K) |
8/9/2001 |
| Establishment and operation of non-qualified excess benefit plan (Plan B) does not adversely affect the qualified status of a collectively bargained plan (Plan A) under � 401(a) of the Internal Revenue Code. |
| 200004041(PDF, 328K) |
8/9/2001 |
| You requested a ruling that the reorganization of H will not adversely affect H's, G's or S's tax exempt and public charity status nor generate for H. G or S any unrelated business taxable income under � 511-514 of the Internal Revenue Code. |
| 200004040(PDF, 787K) |
8/9/2001 |
| As set forth below, you have requested rulings regarding the tax consequences under � 468A of the Internal Revenue Code to the Seller's qualified nuclear decommissioning fund as well as rulings regarding the proper realization and recognition of gain and loss on the sale of the Plant and the proper allocation of basis. |
| 200004039(PDF, 245K) |
8/9/2001 |
| Requesting a private letter ruling under § 42(n)(4) of the Internal Revenue Code and § 1.42-l 3(b) of the Income Tax Regulations to correct an administrative error in an allocation of the low-income housing tax credit dollar amounts. |
| 200004038(PDF, 448K) |
8/9/2001 |
| Issues: (1) For plants that are sold at a net after-tax book gain, whether there would be a normalization violation if the remaining unamortized ADITC and ARAM benefits balances existing at the date of sale are incorporated in the gain on sale computation and returned to ratepayers through a Transition Cost Balancing Account ("TCBA"). (2) For plants that are sold at a net after-tax book loss, whether there would be a normalization violation if the remaining unamortized ADITC and ARAM benefits balances existing at the date of sale are incorporated in the loss on sale computation and returned to ratepayers by amortizing those amounts to a TCBA. (3) Alternatively, if ruling number two above is deemed to be a normalization violation, whether a proportionate part of the ADITC and ARAM benefits may be returned to ratepayers without causing a normalization violation. For purposes of this ruling, the proportionate part of the ADITC and ARAM benefits to be returned to ratepayers is based on the percentage of the plant cost remaining at the date of sale which is paid for by ratepayers through the loss recovery mechanism. |
| 200004037(PDF, 334K) |
8/9/2001 |
| You requested rulings concerning the transfer of property to a proposed qualified personal residence trust. Taxpayer proposes to create an irrevocable trust that is intended to satisfy the requirements of a qualified personal residence trust (QPRT) under § 25.2702-5(c) of the Gift Tax Regulations. |
| 200004036(PDF, 429K) |
8/9/2001 |
| Issue: Whether the transfer of Note by Pl to Partnership was a disguised sale under § 707(a)(W)? |
| 200004035(PDF, 494K) |
8/9/2001 |
| This letter responds to your request dated November 16, 1998, for rulings concerning the federal income tax consequences of a proposed transaction (the "Proposed Transaction"). |
| 200004034(PDF, 51K) |
1/28/2000 |
| In a unanimous decision only a month after oral argument, the Supreme Court ruled that an individual's state law disclaimer did not prevent pre-existing tax liens from attaching to an inheritance, in Drye Family 1995 Trust v. United States, 1999 U.S. LEXIS 8238 (S.Ct. Dec. 7, 1999). This significant victory for the Government confirms the primacy of the federal tax lien over state laws designed to protect property from the reach of creditors. It resolves a split among the cInternal Revenue Codeuits over whether the federal tax lien under Internal Revenue Code § 6321 attached to the taxpayer's right to inherit, if the taxpayer later disclaimed his inheritance under state law. |
| 200004033(PDF, 35K) |
1/27/2000 |
| Issues: (1) Whether the increased rate to the addition to tax under § 6651(a)(2) (failure to pay tax as shown on the return) as provided under § 6651(d) applies to assessments made under the SFR program. Assuming the increased rate under § 6651(d) applies to the § 6651(a)(2) penalty for an SFR, the following issues may arise. (2) Whether the increased rate to the § 6651(a)(2) penalty, currently in effect for an amount unpaid on an SFR, continues at the increased rate for an amount of unpaid tax shown on a delinquent return (other than a joint return) filed by the taxpayer for the same tax year as the SFR. (3) Whether the answer to issue number two is different if the taxpayer files a delinquent joint return. (4) Whether a spouse who files a delinquent joint return with a taxpayer currently liable for the increased rate to the § 6651(a)(2) penalty on an SFR is also liable for the increased rate to the § 6651(a)(2) penalty for the unpaid liability on the delinquent return. |
| 200004032(PDF, 9.2K) |
1/27/2000 |
| Request for rulings as to the federal income tax consequences of a proposed transaction. The information submitted in that request and in subsequent correspondence is set forth below. Company is a State A corporation that has elected to be an S corporation under §1362 of the Internal Revenue Code. The election was effective for the tax year beginning on date b, but has not been effective since Company's inception. |
| 200004031(PDF, 9.1K) |
1/27/2000 |
| Requesting an extension of time for Company to elect under § 1361(b)(3)(B) of the Internal Revenue Code to treat Subsidiaries as qualified subchapter S subsidiaries (QSubs). Company represents the following facts. On a, Company, an S corporation, acquired 100 percent of the outstanding stock of Subsidiaries, also S corporations. Taxpayer had intended to treat Subsidiaries as QSubs effective a. |
| 200004030(PDF, 18K) |
1/27/2000 |
| Requesting rulings under the Treaty and � 691, 871 and 1441 of the Internal Revenue Code with respect to distributions by you, as administrator of Decedent's estate (the "Estate"), to the nonresident alien intestate distributees of the Estate. |
| 200004029(PDF, 18K) |
1/27/2000 |
| Requesting rulings on the federal income tax consequences of completed and proposed transactions. Taxpayer is a closely held, domestic corporation and the parent of a consolidated group of corporations. Taxpayer has three classes of stock, all of which are owned by individuals or trusts. The classes of stock consist of a shares of preferred stock, b shares of voting common stock, and c shares of nonvoting common stock. |
| 200004028(PDF, 9.7K) |
1/27/2000 |
| Requesting a ruling under § 1362(g) of the Internal Revenue Code Regulations that X be granted consent to make a subchapter S election prior to the termination of the five-year waiting period imposed by § 1362(g). FACTS According to the information submitted, X and Y were two of eleven corporations owned by six related shareholders. |
| 200004027(PDF, 8.2K) |
1/27/2000 |
| 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 D. FACTS: According to the information submitted, X was incorporated on D 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. X requests a ruling that it will be recognized as an S corporation effective for the taxable year beginning D under § 1362(b)(5). |
| 200004026(PDF, 81K) |
1/27/2000 |
| Request dated June 28, 1999, for rulings about the Federal income tax consequences of a proposed transaction. |
| 200004025(PDF, 26K) |
1/27/2000 |
| Requesting rulings under � 368(a)(1)(D) of the Internal Revenue Code with respect to a proposed transaction. |
| 200004024(PDF, 12K) |
1/27/2000 |
| Requesting a ruling that the termination of X's S corporation status was an inadvertent termination under � 1362(f) of the Internal Revenue Code. FACTS: According to the information submitted, X was incorporated on Date (1) Subsequent to incorporation, X made an S corporation election effective Date 1, that was accepted by the applicable Service Center. |
| 200004023(PDF, 12K) |
1/27/2000 |
| Requested a ruling under § 2652 of the Internal Revenue Code and § 301.9100-1 of the Procedure and Administration Regulations. Decedent and Spouse created Trust, an inter vivos revocable trust. Decedent died testate on Date 1 survived by Spouse. At Decedent's death, the trustee of Trust was to divide the trust estate into separate trusts; the Survivor's Trust, the Exemption Trust, and the Marital Trust, and if applicable the Disclaimer Trust. |
| 200004022(PDF, 14K) |
1/27/2000 |
| Requesting a ruling on whether Taxpayers will be considered the owners of Residence for purposes of � 121(a) of the Internal Revenue Code during the period of time that the residence was owned by Partnership. |
| 200004021(PDF, 33K) |
1/27/2000 |
| Issue: Can the Service recover the erroneous refund issued to the taxpayer as a result of an "erroneous" abatement following a Chapter 7 discharge. |
| 200004020(PDF, 7.8K) |
1/27/2000 |
| 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. |
| 200004019(PDF, 6.4K) |
1/27/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The two 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. |
| 200004018(PDF, 6.4K) |
1/27/2000 |
| 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. |
| 200004017(PDF, 41K) |
1/27/2000 |
| Issue: Is a notice of deficiency defective if the Service made a determination without using the taxpayer's return where the Service was apparently unaware of the recently filed return. |
| 200004016(PDF, 64K) |
1/27/2000 |
| Issues: Is USParent entitled to claim a foreign tax credit in Year 1 under � 901 for United Kingdom Advance Corporation Tax ("ACT") paid by UKHybrid in Year 1 and used to offset U.K. corporate tax liabilities of UKHybrid and UKCFC in Years 2 and 3? |
| 200004015(PDF, 327K) |
1/27/2000 |
| Issues: What facts should be developed by the revenue agent in order to determine whether the disallowed loss reported by Ultimate Parent on the sale of its stock in Target Parent, a wholly owned affiliated subsidiary, under Treasury Regulation � 1.1502-20 (-20) was properly computed. |
| 200004014(PDF, 25K) |
1/27/2000 |
| Request rulings on behalf of the above-referenced taxpayers concerning the federal income, gift, estate and generation-skipping transfer tax consequences of a proposed settlement agreement. |
| 200004013(PDF, 48K) |
1/27/2000 |
| Issues: (1) Whether Taxpayer was a resident of Country A during Year K for purposes of the United States-Country A Income Tax Convention so that the amounts distributed to him from a qualified pension plan maintained by Corporation Y are subject to tax only by Country A. (2) Whether any part of the compensation received by Taxpayer for services performed outside the United States during Years J and K is excludible from his gross income. |
| 200004012(PDF, 7.7K) |
1/27/2000 |
| Requesting a ruling that X's S corporation status will be effective as of D1. FACTS: X incorporated under State law. X's shareholders intended that X be a subchapter S corporation for its tax year beginning D1; however, the S corporation election under § 1362 of the Internal Revenue Code was not filed timely. X requests a ruling that it will be recognized as a subchapter S corporation effective D1 pursuant to § 1362(b)(5). |
| 200004011(PDF, 91K) |
1/27/2000 |
| Issues: (1) Whether A is precluded from re-characterizing advances it received from its foreign related entities as equity when it originally classified those funds as debt on its books and records and its tax returns. (2) Whether withholding pursuant to � 1441 and 1442 may be imposed with respect to deemed interest payments that result from a � 482 allocation of interest income from A to its foreign related parties. (3) Whether interest should be imputed to foreign lenders pursuant to � 482 despite the fact that the debtor is financially distressed. |
| 200004010(PDF, 7.1K) |
1/27/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that Corporation's S corporation election will be effective as of D2. FACTS: Corporation was incorporated on D1. The shareholders of Corporation intended for Corporation to elect S corporation status, and prepared a Form 2553, Election by a Small Business Corporation, with an effective date of D2. The Form 2553, however, was never filed. |
| 200004009(PDF, 39K) |
1/27/2000 |
| Issue: The correct treatment in Tax Year 12 of final payments made to settle an earlier buyout agreement of stock owned by the taxpayer, Mr. X. |
| 200004008(PDF, 35K) |
1/27/2000 |
| Issues: (1) Whether Taxpayer may weight its Inventory Price Index Computation (IPIC) method category indexes (to determine its pool index) using end of the year inventory value. (2) Whether under its IPIC method Taxpayer must use a double-extension method or can use a link- chain method in computing the last-in, first-out (LIFO) value of its dollar-value pools. |
| 200004007(PDF, 29K) |
1/27/2000 |
| Issues: (1) Whether there will be any tax consequences to A as a result of its proposed sale of its stock to B. (2) Whether there will be any tax consequences to A as a result of its proposed redemption of its stock from shareholders, other than B. |
| 200004006(PDF, 32K) |
1/27/2000 |
| Issue: What is the appropriate exchange rate for translating Expenses attributable to Type 1 Income, as defined under the Closing Agreements? |
| 200004005(PDF, 37K) |
1/27/2000 |
| Issues: 1) Whether a developer of real estate may allocate the costs of a golf course and related facilities to the basis of homesite lots sold for purposes of determining gain or loss resulting from the sale. 2) How should the costs of the golf facilities be allocated in using the alternative cost method? |
| 200004004(PDF, 15K) |
1/27/2000 |
| Issue: When A, under the facts described, changed the classification of its aInternal Revenue Coderaft from depreciable assets to inventory, was this a change in method of accounting requiring the Commissioner's advance consent. |
| 200004002(PDF, 6.0K) |
3/21/2000 |
| Issue: Whether the automobile leasing transaction at issue requires lessor (A) to recognize income equal to the cash down payment and/or vehicle trade-in value received by the automobile dealer from the lessee at the inception of the lease. |
| 200004001(PDF, 30K) |
1/27/2000 |
| Issues: (1) Is a portion of the payment to a state university's foundation, for which the donor receives the right to purchase tickets for seating in a skybox at athletic events in an athletic stadium of such university, deductible under 170(l)? (2) Is a portion of the payment to a state university foundation, for which the donor receives the right to purchase tickets for seating in a skybox at athletic events in an athletic stadium of such university, that is otherwise deductible under § 170(l), disallowed because of the limitations of § 274(l)? (3) If an accrual-basis subchapter S corporation authorizes a charitable contribution on the last day of its taxable year and pays the contribution by the 15th day of the third month following the close of its taxable year, may the S corporation elect to treat such charitable contribution as paid during such taxable year under § 170(a)(2), or is the charitable deduction properly taken when paid under § 170(a)(1)? |
| 200003059(PDF, 475K) |
8/9/2001 |
| This letter responds to you request for the correction of an obvious error on page 1 of our prior ruling letter (PLR-115942-98), dated April 6, 1999. |
| 200003058(PDF, 366K) |
8/9/2001 |
| This is in response to a ruling request submitted to this office on your behalf by your authorized representative by letter dated February 10, 1999. You have requested rulings under � 402(e)(4)(8) of the Internal Revenue Code. |
| 200003057(PDF, 102K) |
8/9/2001 |
| You have requested a ruling that Plan Z satisfies the requirements of � 408(k) of the Internal Revenue Code. |
| 200003056(PDF, 561K) |
8/9/2001 |
| This is in reply to your rulings request of October 16, 1998, on X's proposed transfer of all of its assets to Y pursuant to � 5071 (l21) of the Internal Revenue Code. |
| 200003055(PDF, 94K) |
8/9/2001 |
| This is in response to M's request for certain rulings under � 501(c)(3) and 4940 of the Internal Revenue Code of 1986 (here after "Code"). |
| 200003054(PDF, 234K) |
8/9/2001 |
| This is in reply to your letter requesting several rulings regarding the transfer of the assets of a tax exempt health and welfare fund back to you. |
| 200003053(PDF, 376K) |
8/9/2001 |
| Issues: (1) The provision of the Supplemental Benefits by X in accordance with the terms of the Supplemental Plan will not result in the provision of benefits other than "life, sick, accident or other benefits" within the meaning of � 501(c)(9) of the Code. (2) Supplemental contributions would be deductible by employers who are signatory to the Collective Bargaining Agreement without regard to the reserve limits imposed by � 419 and 419A of the rode. (3) Investment income earned by the Supplemental Fund will be considered "exempt function income" within the meaning of � 512(a) (3) (B) of the Code. |
| 200003052(PDF, 134K) |
8/9/2001 |
| Requesting a ruling concerning the exclusion of income of Trust from gross income under § 115 of the Internal Revenue Code. Trust also has requested a ruling under § 509 of the Code. Pursuant to � 8.02(l) of Rev. Proc. 99-1, 1999-l I.R.B. 6, 30 |
| 200003051(PDF, 333K) |
8/9/2001 |
| This is in response to a ruling request dated July 22, 1999, submitted on your behalf by your authorized representatives. You are seeking rulings on the federal income tax consequences of a proposed transaction, under � 501(c)(3) of the Internal revenue Code, and is a private foundation described in � 509(a). |
| 200003050(PDF, 111K) |
8/9/2001 |
| 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. |
| 200003049(PDF, 222K) |
8/9/2001 |
| This is in response to your letter dated April 8, 1999, in which you requested certain rulings with respect to the proposed transfer of all of the net assets of B to C. |
| 200003048(PDF, 343K) |
8/9/2001 |
| 1. 5's exempt status under � 501(c) (2) of the Code will not be adversely affected if it uses the cash proceeds of the Sl/S2 note to pay off the T note, and invest the remaining amounts in long-term investments such as stocks and bonds, and uses the income from such investment (together with other income) to pay the expenses of owning and operating T, and remitting net income annually to Y in the form of rent-free use of T. Any income, in excess of the rent-free use, would be paid to Y periodically. (2) X will not be deemed to receive unrelated business taxable income under � 511 through � 514 of the Code when X receives the cash proceeds of the Sl/S2 note except to the extent that such proceeds constitute unrecognized gain on the sale of S1 and S2. |
| 200003047(PDF, 228K) |
8/9/2001 |
| This is in response to your letter dated April 30, 1999, in which you requested certain rulings with respect to a proposed transfer of assets from B and C to D. |
| 200003046(PDF, 227K) |
8/9/2001 |
| This is in response to your letter dated April 30, 1999, in which you requested certain rulings with respect to a proposed transfer of assets from B and C to D. |
| 200003045(PDF, 228K) |
8/9/2001 |
| This is in response to your letter dated April 30, 1999, in which you requested certain rulings with respect to a proposed transfer of assets from B and C to D. |
| 200003044(PDF, 128K) |
8/9/2001 |
| This responds to the letter dated June 10, 1999, submitted on behalf of X, requesting a waiver of the five-year waiting period imposed by § 1361 (b)(3)(D) of the Internal Revenue Code to permit X to make a subchapter S election under § 1362(a). |
| 200003043(PDF, 5.3K) |
1/21/2000 |
| Requesting a ruling on the federal tax consequences of Employer's deferred compensation plan (the "Plan") and related Trust under � 457 of the Internal Revenue Code as amended by the Small Business Job Protection Act of 1996. |
| 200003042(PDF, 55K) |
1/21/2000 |
| Issue: Does a bankruptcy court have jurisdiction over relief from joint and several liability under Internal Revenue Code § 6015? |
| 200003041(PDF, 7.0K) |
1/21/2000 |
| 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) A, the sole shareholder of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200003040(PDF, 7.0K) |
1/21/2000 |
| 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) A, the sole shareholder of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200003039(PDF, 22K) |
1/21/2000 |
| Request dated May 13, 1999, submitted on behalf of D, regarding whether certain income earned by its foreign subsidiary F is described in � 165(g)(3)(B) of the Internal Revenue Code. |
| 200003038(PDF, 42K) |
1/21/2000 |
| Issues: (1) Is the Taxpayer required to recapture the balance of its reserve for reclamation costs with respect to tracts that were totally reclaimed by date 1? (2) Does the Taxpayer's reserve for "removal excess" constitute qualified reclamation costs or closing costs that can be deducted under Internal Revenue Code � 468 before economic performance? (3) If the amounts designated as "removal excess" are not deductible under � 468, are the amounts deducted in year 2 and previous years subject to recapture in year 2 as a change of accounting method under � 481? |
| 200003037(PDF, 14K) |
1/21/2000 |
| Requesting a private letter ruling under § 42(d)(2)(D)(ii)(IV) of the Internal Revenue Code to permit an exception to the 10-year holding period requirement under § 42(d)(2)(B)(ii). Taxpayer represents that the facts are as follows: FACTS: Taxpayer is a calendar year taxpayer that uses the accrual method of accounting. The District Office of the Internal Revenue Service that has examination jurisdiction over Taxpayer is District. |
| 200003036(PDF, 11K) |
1/21/2000 |
| Requesting an extension of time under § 301.9100-1(c) of the Procedure and Administration Regulations for X to file a Form 970, Application To Use LIFO Inventory Method, which is to be effective for the tax year ended Date (1) This request is made in accordance with § 301.9100-3. |
| 200003035(PDF, 10K) |
1/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that your surrender of your U.S. Alien Registration Card (Green Card) 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 November 2, 1998. The information submitted for consideration is substantially as set forth below. |
| 200003034(PDF, 7.2K) |
1/21/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A, the president of X, represents that X intended to elect to be an S corporation beginning Year 1, its first taxable year. |
| 200003033(PDF, 7.1K) |
1/21/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A, the sole shareholder of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200003032(PDF, 7.6K) |
1/21/2000 |
| 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. |
| 200003031(PDF, 8.5K) |
1/21/2000 |
| 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. A, the sole shareholder of X, hired representatives to file X's Form 2553, Election by a Small Business Corporation, with an effective date of D1. The representatives, however, failed to timely file X's Form 2553. |
| 200003030(PDF, 7.2K) |
1/21/2000 |
| 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 two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200003029(PDF, 7.5K) |
1/21/2000 |
| 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 purposes effective D1. However, the election to be treated as an S corporation was not timely filed. |
| 200003028(PDF, 18K) |
1/21/2000 |
| Requested, on behalf of Parent and Seller, an extension of time under § 301.9100-1 and § 301.9100-3 of the Procedure and Administration Regulations to file a late election. Parent (as the common parent of the consolidated group that includes 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)-1(d) of the Income Tax Regulations with respect to Purchaser's acquisition of the Target stock on Date 1 (the "Election"). |
| 200003027(PDF, 10K) |
1/21/2000 |
| 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. |
| 200003026(PDF, 7.9K) |
1/21/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law. 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. |
| 200003025(PDF, 9.2K) |
1/21/2000 |
| Requests an extension of time under Treasury Regulation § 301.9100-3 to file (1) the agreement required by § 1.1503-2(g)(2)(i) with respect to the losses of DRC reflected in the U.S. consolidated tax return of Taxpayer for the tax years ended on Dates A and B; and (2) the annual certification required by § 1.1503-2(g)(2)(vi) with respect to the dual consolidated losses incurred in the tax year ended on Date A. |
| 200003024(PDF, 27K) |
1/21/2000 |
| Request permission to change its treatment of a portion of the cost of a building constructed in b from nondepreciable property to depreciable property, and to correct the amounts deducted on its federal income tax returns for the part of the roof demolished in c and for the other part of the roof replaced in d, thereby resulting in a net negative adjustment of $e under § 481(a) of the Internal Revenue Code. |
| 200003023(PDF, 17K) |
1/21/2000 |
| Requested several ruling concerning the application of § 2518 of the Internal Revenue Code to proposed disclaimers. Decedent, a resident of State X, died on Date 1, survived by Spouse. Under the terms of Decedent's will, executed on Date 2, Decedent's residuary estate passed to a revocable trust (Trust) also created on Date (2) Decedent and Spouse were co-settlors of the Trust. |
| 200003022(PDF, 14K) |
1/21/2000 |
| Requesting a ruling under § 42(n) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to allow Partnership and Agency to correct an administrative error or omission in an allocation of low-income housing credit dollar amounts. The Internal Revenue Service District Office that will have examination jurisdiction over the Partnership and the General Partner is located in City. |
| 200003021(PDF, 29K) |
1/21/2000 |
| Issues: (1) After receiving a Letter 1058, Final Notice of Intent to Levy and Notice of Your Right to a Hearing, can the taxpayer waive his right to a Collection Due Process (CDP) hearing before the 30-day period has run? (2) After waiving his right to a CDP hearing, can the taxpayer change his mind and request a CDP hearing before the 30-day period has run? |
| 200003020(PDF, 10K) |
1/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that your surrender of your U.S. Alien Registration Card (Green Card) 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 October 20, 1998. |
| 200003019(PDF, 7.2K) |
1/21/2000 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated in a. Company has four shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200003018(PDF, 6.5K) |
1/21/2000 |
| 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. |
| 200003017(PDF, 30K) |
1/21/2000 |
| Requested rulings regarding a proposed transaction. Additional information was provided in subsequent submissions. The facts provided indicate that Distributing 2 is the U.S. parent of a consolidated group (the "Group"). FP, a foreign corporation, owns all of the stock of Distributing (2) Distributing 2 owns all of the stock of Distributing 1 and six other companies, including Sub 1. |
| 200003016(PDF, 39K) |
1/21/2000 |
| Seeking the Secretary's consent to revoke, for Year A and subsequent calendar years thereafter, an election previously made by Fund 1 and Fund 2 (:"Fund" or "Funds") under � 4982(e)(4)(A) of the Internal Revenue Code of 1986 as amended ("the Code"). |
| 200003015(PDF, 17K) |
1/21/2000 |
| Requesting private letter rulings concerning the qualification of the Master Lease Agreement and Lease Order under § 7701(h) of the Internal Revenue Code. |
| 200003014(PDF, 16K) |
1/21/2000 |
| Requesting a ruling on behalf of the above-named Taxpayer concerning the application of � 1042 of the Internal Revenue Code of 1986 to the transaction described below. The Company is a domestic corporation incorporated on d1. The authorized capital stock of the Company consists of x shares of common stock of which y shares are outstanding. The Company has never had any stock outstanding that was readily tradable on an established securities market. The Taxpayer was one of the original shareholders of the Company. |
| 200003013(PDF, 14K) |
1/21/2000 |
| Issue: Whether contributions to College are deductible under § 170 of the Internal Revenue Code where College plans, but is not obligated, to use the contributions to build new fraternity houses as part of its policy of providing adequate student housing. |
| 200003012(PDF, 8.6K) |
1/21/2000 |
| Requested on behalf of Acquiring Parent regarding certain federal income tax consequences of a completed transaction. The information submitted is summarized below. Acquiring Parent is a State A corporation engaged in Business X. Acquiring Parent is the common parent of a consolidated group (the "Acquiring Group") that files its consolidated returns on a calendar year basis, using the accrual method of accounting. |
| 200003011(PDF, 11K) |
1/21/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. X elected subchapter S status, effective D2. On D3, A, an employee and shareholder of X, purchased shares of X stock with proceeds from his individual retirement account (IRA). Shortly thereafter, a stock |
| 200003010(PDF, 74K) |
1/21/2000 |
| Issues: (1) Whether the value of compensatory stock options 1 is a cost that must be shared with or charged out to affiliates under Treasury Regulation §§ 1.482-2A(d)(4) and 1.482-2(b)(1). (2) Whether the value of compensatory stock options should be measured on the date of grant of the options, on the date of their exercise, or on some other date, and how the value should be measured on the relevant date. (3) Whether the Federal Acquisition Regulations disallow the value of compensatory stock options as a cost in government contracts; if they do disallow the cost, whether there is any relevance of this fact to the issues above. |
| 200003009(PDF, 92K) |
1/21/2000 |
| Issues: 1.Whether A is precluded from re-characterizing advances it received from its foreign related entities as equity when it originally classified those funds as debt on its books and records and its tax returns. (2) Whether withholding pursuant to � 1441 and 1442 may be imposed with respect to deemed interest payments that result from a � 482 allocation of interest income from A to its foreign related parties. (3) Whether interest should be imputed to foreign lenders pursuant to � 482 despite the fact that the fact that the debtor is financially distressed. |
| 200003008(PDF, 12K) |
1/21/2000 |
| Issue: How does a hospital report cancellation of indebtedness of a physician who works at the hospital under a medical education loan program? |
| 200003007(PDF, 14K) |
1/21/2000 |
| Request for a supplemental ruling letter dated June 10, 1999. According to Rev. Proc. 99-1, 1999-1 I.R.B. 6, 13, � 2.04, an information letter is advisory only and has no binding effect on the Internal Revenue Service. It is the policy of the Internal Revenue Service to answer the inquiries of individuals and organizations regarding the tax effects of proposed or consummated transactions prior to the filing of returns or reports that are required by the revenue laws. However, due to the factual and procedural nature of the issue involved, the Service cannot issue another supplemental advance ruling letter in this case. |
| 200003006(PDF, 12K) |
1/21/2000 |
| Request for a ruling submitted on behalf of the taxpayer, City Y, concerning the availability of the exception from Medicare taxes provided in � 3121(u)(2)(C) of the Internal Revenue Code to former employees of the Water District. FACTS: The Water District was created on Date 1 under the State X Water Code. On Date 2, the Water District became a subsidiary district of City Y. The Water District is a not-for-profit local government organization. Control and supervision of the Water District is vested solely in the City Y Council. |
| 200003005(PDF, 47K) |
1/21/2000 |
| Issue: Is the taxpayer entitled to increased deductions under § 170(e)(3) of the Internal Revenue Code for its contributions of inventory to Charity? |
| 200003004(PDF, 33K) |
1/21/2000 |
| Issue: Whether, for purposes of computing the net operating loss carryover under Internal Revenue Code § 172(b)(2), taxable income is reduced by the preceding year's net operating loss carryover before the special deduction allowed under I.R.C. § 833(b) is applied. |
| 200003003(PDF, 27K) |
1/21/2000 |
| Issue: Whether the Tax Court has jurisdiction to determine the employment status of Taxpayer's workers based on a notice of determination (issued after the effective date of Code � 7436) predicated upon a controversy over Federal Unemployment Tax Act (FUTA) taxes, that were assessed and abated prior to the effective date of � 7436. |
| 200003002(PDF, 79K) |
1/21/2000 |
| Issue: Whether either the open transaction or relation back doctrine applies to the sale of US1 stock by FC1 so the gain realized by FC1 from the sale of the stock of US1 is not foreign personal holding company income under Internal Revenue Code § 954(a)(1). |
| 200003001(PDF, 92K) |
1/21/2000 |
| Issues: (1) Whether A is precluded from recharacterizing advances it received from its foreign related entities as equity when it originally classified those funds as debt on its books and records and its tax returns. (2) Whether withholding pursuant to � 1441 and 1442 may be imposed with respect to deemed interest payments that result from a � 482 allocation of interest income from A to its foreign related parties. (3) Whether interest should be imputed to foreign lenders pursuant to � 482 despite the fact that the debtor is financially distressed. |
| 200002052(PDF, 207K) |
8/9/2001 |
| This is in response to a ruling request dated April 9, 1999, as supplemented by correspondence dated August 24, 1999, submitted on your behalf by your authorized representative, concerning the federal income tax treatment, under � 414(h)(2) of the Internal Revenue Code , of certain contributions to Plan X. |
| 200002051(PDF, 308K) |
8/9/2001 |
| This letter is in reply to a request for a letter ruling dated July 14, 1998, as supplemented by a letter dated December 8, 1998, made on behalf of Employer M, concerning the federal tax treatment of certain contributions made to Plan X under � 414(h)(2) of the Internal Revenue Code . |
| 200002050(PDF, 206K) |
8/9/2001 |
| This letter is in response to a letter dated July 26, 1999, as supplemented by a letter dated September 10, 1999, in which a ruling was requested on your behalf with respect to the applicability of � 414(e) of the Internal Revenue Code to Plan X. |
| 200002049(PDF, 157K) |
8/9/2001 |
| Fund requests that its election be considered timely filed pursuant to §§ 301.9100-l and 3 of the Procedure and Administration Regulations. |
| 200002048(PDF, 209K) |
8/9/2001 |
| This letter responds to your letter dated June 16, 1999, submitted on behalf of Agency and Partnership, requesting a private letter ruling under § 42(n)(4) of the Internal Revenue Code and § 1.42-l 3(b) of the Income Tax Regulations to correct an administrative error in an allocation of the low-income housing tax credit dollar amounts. |
| 200002047(PDF, 584K) |
8/9/2001 |
| Whether, under the facts of this technical advice request, the cost of life insurance coverage provided by an employer to its employees under a "group life carve-out program" is includible in the employees' gross income pursuant to the provisions of � 79 of the Internal Revenue Code. |
| 200002046(PDF, 37K) |
1/19/2000 |
| Issue: Whether the IRS Criminal Investigation Division can participate in an organization identifying, investigating and preventing computer crimes, known as InfraGard. |
| 200002045(PDF, 9.9K) |
1/19/2000 |
| It is our understanding that some return preparers are reluctant to provide the Service with information absent a summons and cite Internal Revenue Code § 7216 as justification for not providing the information. � 7216 provides penalties and possible imprisonment if a return preparer knowingly or recklessly� (1) discloses any information furnished to him for, in connection with, the preparation of any such return, or (2) uses any such information for any purpose other than to prepare, or assist in preparing, any such return, shall be guilty of a misdemeanor, and, upon conviction thereof, |
| 200002044(PDF, 39K) |
2/9/2000 |
| Requested information on some general rules applicable to Appeals consideration of excise tax claims for refund. As described below, there are general rules applicable to excise taxes, but the regulations and the IRM do not provide detailed procedures for all aspects related to Appeals consideration of these claims. |
| 200002043(PDF, 18K) |
1/19/2000 |
| Issue: Whether a child's detention in a juvenile facility pending trial may be a "temporary absence from the household due to special cInternal Revenue Codeumstances" within the meaning of §1.2-2(c)(1) of the regulations. |
| 200002042(PDF, 11K) |
1/19/2000 |
| Requesting a ruling for an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make an election pursuant to § 860D(b)(1) of the Internal Revenue Code and § 1.860D-1(d) of the Income Tax Regulations to be treated as a real estate mortgage investment conduit (REMIC) for Year 1, and all subsequent years. |
| 200002041(PDF, 11K) |
1/19/2000 |
| 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. |
| 200002040(PDF, 18K) |
1/19/2000 |
| Request for a ruling concerning whether a portion of the remuneration you receive for services performed for your employer can be designated as a parsonage allowance and excluded from income pursuant to � 107 of the Internal Revenue Code (Code). FACTS The taxpayer was ordained as a minister in Year One by the Church. He is currently employed full time as a guidance counselor and teacher by the School. The School is sponsored by six different congregations of the Church. Four of the sponsoring congregations house branches of the School in their Church facilities. |
| 200002039(PDF, 13K) |
1/19/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code that the termination of Company's S corporation election was inadvertent. |
| 200002038(PDF, 11K) |
1/19/2000 |
| 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. |
| 200002037(PDF, 7.2K) |
1/19/2000 |
| 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 four shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200002036(PDF, 39K) |
1/19/2000 |
| Issues: (1) Whether the Internal Revenue Service has the legal authority to issue a certificate of lien release under � 6325(a). (2) Whether the Service has the legal authority to issue a certificate of nonattachment with respect to a lien pursuant to � 6325(e). (3) Whether the Service has the legal authority to issue a certificate of lien release under � 6326(b). |
| 200002035(PDF, 11K) |
1/19/2000 |
| 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. |
| 200002034(PDF, 13K) |
1/19/2000 |
| Request dated March 18, 1999, and supplemented by letters dated August 25, 1999, and August 31, 1999, on behalf of the above-referenced taxpayer, for a private letter ruling concerning the proper North American Industry Classification System (NAICS) and Standard Industrial Classification (SIC) codes for certain business activities for purposes of the Puerto Rico and possession tax credit under � 936 of the Internal Revenue Code . |
| 200002033(PDF, 9.8K) |
1/19/2000 |
| Ruling request and subsequent correspondence submitted on behalf of X by X's authorized representative concerning � 1362(d)(2) of the Internal Revenue Code. |
| 200002032(PDF, 6.9K) |
1/19/2000 |
| Requesting a ruling allowing X to make a late S corporation election. The information submitted states that X was incorporated on D1 of Year (1) A, the president of X, represents that the shareholders of X intended for X to be an S corporation effective for X's Year 1 taxable year. However, A further represents that the shareholders of X did not realize the importance of timely filing a Form 2553, Election by a Small Business Corporation, and forgot to do so. Therefore, no Form 2553 was timely filed for X effective for X's Year 1 taxable year. |
| 200002031(PDF, 8.8K) |
1/19/2000 |
| Ruling request and subsequent correspondence submitted on behalf of X by you, X's president, concerning � 1362(d)(2) of the Internal Revenue Code. The information submitted states that X incorporated as a C corporation on March 30, 1990, and has C earnings and profits as of March 31, 1999. |
| 200002030(PDF, 44K) |
1/19/2000 |
| Requesting a ruling as to whether the following benefits may be excluded from gross income pursuant to Internal Revenue Code §101(a): (1) $ r death benefit; (2) $ r accidental death benefit; (3) $ s burial benefit; and (4) $ t death benefit payable to a covered retiree upon the death of a spouse (collectively, "death benefits"). |
| 200002029(PDF, 15K) |
1/19/2000 |
| Requesting rulings under §§ 170 and 664 of the Internal Revenue Code concerning the effect of a proposed reformation of Trust on the qualification of Trust as a charitable remainder unitrust under § 664 and the applicable deduction to A and B under § 170. |
| 200002028(PDF, 7.0K) |
1/19/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X incorporated on Date 1 of Year 1 but was dormant until Date 2 of Year (2) An affidavit from X's attorney indicates that A, the president and sole shareholder of X, verbally instructed X's attorney to prepare and file the papers necessary to make a valid S corporation election for Year 2. |
| 200002027(PDF, 6.6K) |
1/19/2000 |
| Requesting a ruling under � 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. X's shareholder, A, intended that X elect to be an S corporation beginning with its Year 1 taxable year. |
| 200002026(PDF, 11K) |
1/19/2000 |
| Requesting a private letter ruling on behalf of Taxpayer regarding the application of Article 19 of the Treaty to the salary that Taxpayer receives from Employer. The ruling contained in this letter is based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for a ruling, it is subject to verification on examination. |
| 200002025(PDF, 11K) |
1/19/2000 |
| Requesting a ruling under § 721 of the Internal Revenue Code. The information submitted provides that P is a limited partnership engaged in acquiring marketable securities for investment. H and W hold a 1 percent general partnership interest in P as community property. The remaining 99 percent partnership interest is held by H and W's three children. H and W represent that more than 80 percent of P's assets are held for investment and are readily marketable stocks or securities. |
| 200002024(PDF, 14K) |
1/19/2000 |
| Requesting a ruling that the income received by Company from the Sources, including its distributive shares from the Partnerships, is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 200002023(PDF, 6.7K) |
1/19/2000 |
| 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) A, X's president and sole shareholder, represents that X was intended to be an S corporation effective from the date of incorporation. A further represents that X's accountant prepared a Form 2553, Election by a Small Business Corporation, for X, which A timely filed on D2 of Year 1. However, X's Internal Revenue service center has no record of receiving a Form 2553 for X. |
| 200002022(PDF, 6.3K) |
1/19/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X first had shareholders on Date (1) A, as X's secretary, represents that it was A's intent that X elect to be an S corporation effective for Year 1, X's first taxable year. A represents further that a Form 2553, Election by a Small Business Corporation, was prepared, and that the form was sent to the Internal Revenue Service, but the service center has no record of this. |
| 200002021(PDF, 13K) |
1/19/2000 |
| Requesting a ruling under � 1362(f) of the Internal Revenue Code. FACTS: The represented facts indicate that X, incorporated in State 1 on Date 1, elected to be treated as a Subchapter S corporation effective Date (2) At the time that X filed the election to be taxed as an S corporation X's shareholders included Trust 1, Trust 2 and Trust (3) It is represented that the three trusts possessed the elements of a qualified subchapter S trust (" QSST") described in � 1361(d)(3)(A). |
| 200002020(PDF, 30K) |
1/19/2000 |
| Requested a ruling on whether the proposed contribution by Taxpayer will be a qualified conservation contribution within the meaning of � 170(f)(3)(B)(iii)and 170(h) of the Internal Revenue Code. |
| 200002019(PDF, 32K) |
1/19/2000 |
| Issue: Is this transaction a lease-stripping transaction as described in IRS Notice 95-53, 1995-2 C.B. 334, for which the claimed tax treatment may be disregarded? |
| 200002018(PDF, 8.3K) |
1/19/2000 |
| Requesting a ruling under � 1362(b)(5) of the Code that Corporation's S corporation election will be effective as of D2. FACTS: A incorporated his business, Corporation, on D1. A had previously operated the business as a sole proprietorship. A intended for Corporation to be taxed as an S corporation effective D2. Due to a miscommunication between A, A's attorney, and A's accountant, Form 2553, Election by a Small Business Corporation, was never filed. |
| 200002017(PDF, 10K) |
1/19/2000 |
| Requesting a ruling concerning the proposed amended and revised deferred compensation plan (the "Plan") which M intends to be an eligible deferred compensation plan under � 457(b) of the Internal Revenue Code of 1986, as amended under � 1447 and 1448 of the Small Business Job Protection Act of 1996. M is represented to be a municipal governmental entity described in � 457(e)(1)(A) of the Code. |
| 200002016(PDF, 8.2K) |
1/19/2000 |
| Requesting a ruling under � 1362(b)(5) of the Code that Corporation's S corporation election will be effective as of D2. FACTS: Corporation was incorporated on D1. Shares of Corporation were issued to A, the sole shareholder, on D2. On D3, A and the director of Corporation held a meeting approving the election of S corporation status. |
| 200002015(PDF, 38K) |
1/19/2000 |
| Issues: (1) Whether the Year 1 closing agreement and Year 3 filing procedure address whether the sale of securities pledged as collateral to support a letter of credit to participate in Company generates passive income. (2) Whether under Internal Revenue Code § 469 and the applicable regulations, the sale of securities pledged as collateral to support a letter of credit to participate in Company generates passive income. |
| 200002014(PDF, 29K) |
1/19/2000 |
| Issues: (1) Whether tax-exempt bond proceeds deposited in a fund established at the requirement of a third party lender are spent, thereby precluding the issuer from using such proceeds to satisfy the requirement that 95 percent of the net proceeds be expended for qualified redevelopment activities. (2) Whether the term redevelopment activities, as used in � 1317(6) of the Tax Reform Act of 1986, differs from the term redevelopment purposes as used in Internal Revenue Code § 144(c)(3)(A). |
| 200002013(PDF, 9.2K) |
1/19/2000 |
| Issues: 1 Who is the proper party to sign the Form 872 for the Year 3 and Year 1 tax years for COMPANY A & Subsidiaries? 2 Who is the proper party to sign other documents and receive notices on behalf of COMPANY A & Subsidiaries for the Year 3 and Year 1 tax years? 3 Whether the power of attorney, which refers to the taxpayer as COMPANY A & Subsidiaries, is valid? |
| 200002012(PDF, 20K) |
1/19/2000 |
| Requested a ruling concerning the applicability of § 936 of the Internal Revenue Code to Taxpayer after Taxpayer's revocation of its § 936 election and a deemed sale of its assets pursuant to elections under §§ 338(g) and 338(h)(10). The rulings contained in this letter are predicated upon facts and representations submitted by the taxpayer and accompanied by penalty of perjury statements executed by an appropriate party. |
| 200002011(PDF, 17K) |
1/19/2000 |
| Request a ruling concerning the estate and income tax consequences under §§ 2055, 691 and 83 of the Internal Revenue Code related to the Taxpayer's designation, in the event of the Taxpayer's death, of one or more charitable organizations as the beneficiaries of certain deferred compensation to which he is entitled and to Taxpayer's bequest at his death to one or more charitable organizations certain stock options which he owns. |
| 200002010(PDF, 51K) |
1/19/2000 |
| Requesting rulings concerning the federal tax consequences of a proposed transaction. Additional information was submitted in subsequent submissions. In a telephone conversation on September 23, 1999, you withdrew the ruling in your September 9, 1999 submission. F Corp is a Country X mutual life insurance company. As a mutual insurance company, F Corp has no capital stock. |
| 200002009(PDF, 40K) |
1/19/2000 |
| P is the parent of a consolidated group of corporations. On Date 1, P owned 100% of the stock of S1, which P had purchased on Date (2) On Date 3, S1 incorporated S2. In incorporating S2, S1 contributed cash and its B and C businesses to S2 in exchange for S2 stock. S1 retained its D business. Subsequently, S1 distributed its S2 stock to P.1 |
| 200002008(PDF, 10K) |
1/19/2000 |
| Issue: Whether a self-unloading automobile truck body sold by the taxpayer is subject to the retailers tax on truck bodies imposed by § 4051 of the Internal Revenue Code? |
| 200002007(PDF, 20K) |
1/19/2000 |
| Issue: Whether interest is allowed under § 6611 of the Internal Revenue Code on a refund of an overpayment of income tax attributable to a carryback of a net operating loss when the Service refunds the overpayment within 45 days of the date on which a taxpayer files a claim for refund of the overpayment in a processible form. |
| 200002006(PDF, 10K) |
1/19/2000 |
| Issue: Whether a self-unloading automobile truck body sold by the taxpayer is subject to the retailers tax on truck bodies imposed by § 4051 of the Internal Revenue Code? |
| 200002005(PDF, 31K) |
1/19/2000 |
| Issue: Whether the amount of the taxpayer's claim for refund for fiscal year 1, which amount was disallowed as a refund to the taxpayer on the ground that a timely claim for refund was not filed, can now be utilized by the taxpayer to reduce a deficiency for Year 1 that was determined due to the disallowance of a portion of a net operating loss carryback from fiscal years Year 6 and Year 7 and a general business credit carryback from fiscal years Year 3 and Year 4? |
| 200002004(PDF, 46K) |
1/19/2000 |
| Issue: Is the taxpayer furnishing transportation to the general public in an automobile bus that is either scheduled and along regular routes or has a passenger seating capacity of at least 20 adults (not including the driver) and, therefore, eligible to claim a credit for amounts payable under § 6427 of the Internal Revenue Code for diesel fuel used in its vehicles? |
| 200002003(PDF, 40K) |
1/19/2000 |
| Issues: (1) With respect to net operating loss carryovers of X and the Pre-Merger X Subs, whether X, the new common parent of the Y group following the reverse acquisition, is a member of a SRLY subgroup composed of members of the terminating X group for Year 4 and Year (5) (2) Whether the portion of the pre-acquisition NOLs of the former X group, attributable
to X, are subject to the separate return limitation year ("SRLY") limitations. |
| 200002002(PDF, 35K) |
1/19/2000 |
| Issues: 1) Whether the claim for refund filed jointly by X and Y was timely filed pursuant to � 6511. 2) Whether X and Y are precluded from filing a suit for refund for Year 1; and if just X is precluded from filing a suit for refund because a decision was entered against X individually by the Tax Court for Year 1, whether Y may file a suit to recover Y's portion of the joint refund. |
| 200002001(PDF, 28K) |
1/19/2000 |
| Issue: Whether denial of the standard deduction to Taxpayer, a citizen of Greece, who filed a Form 1040NR is a violation of the nondiscrimination provision of the United States - Greece Income Tax Treaty. |
| 200001049(PDF, 282K) |
8/9/2001 |
| This is in reply to your letter of October 15, 1998, as amended by your letter of July 12, 1999, concerning the impact funding certain research activities will have on your tax exempt status under � 501(c)(3) of the Internal Revenue Code and requesting approval of your grant making procedures as required by � 4945 of the Code. |
| 200001048(PDF, 310K) |
8/9/2001 |
| This is in reply to Your rulings request dated October 30, 1998, on X's proposed transfer of all of its assets to Y pursuant to � 507(2f) of the Internal Revenue Code. |
| 200001047(PDF, 144K) |
8/9/2001 |
| This is in reply to your ruling request of June 1, 1999, requesting approval of a proposed set-aside of your income under the suitability test of � 49421(B) of the Internal Revenue Code and � 53.4942(a)-3fbh2) of the Foundation and Similar Excise Taxes Regulations. |
| 200001046(PDF, 158K) |
8/9/2001 |
| This is in response to your request originally submitted on April 13, 1999, and supplemented by letters dated August 10.1999, and September 8,1999, in which your authorized representative requested a private letter ruling concerning the federal income tax treatment under � 414(h)(2) of the Internal Revenue Code of certain contributions to Plan X. |
| 200001045(PDF, 396K) |
8/9/2001 |
| This is in response to your letter dated May 7, 1999, requesting a ruling concerning the validity and effect of a disclaimer that is intended to qualify under � 2518 of the Internal Revenue Code, on the Generation-Skipping Transfer tax applicable with respect to Decedent. |
| 200001044(PDF, 103K) |
8/9/2001 |
| This letter constitutes notice that a conditional waiver of the minimum finding standard has been granted for the above-named defined benefit pension plan for the plan year ended December 31, 1998. |
| 200001043(PDF, 95K) |
8/9/2001 |
| This letter constitutes notice that a waiver of the minimum timing standard has been granted for the plan year ending March 31, 1999. |
| 200001042(PDF, 313K) |
8/9/2001 |
| Requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to make late elections. |
| 200001041(PDF, 105K) |
8/9/2001 |
| Request for a supplement to our prior letter ruling dated August 20, 1999 (the "Prior Letter Ruling"). The legend abbreviations, factual summary, and representations appearing in the Prior Letter. |
| 200001040(PDF, 81K) |
8/9/2001 |
| This letter responds to your June 7, 1999 letter, submitted on behalf of & as z's authorized representative, requesting relief under 5 1362(b) (5) of the Internal Revenue Code. |
| 200001039(PDF, 131K) |
8/9/2001 |
| This letter responds to a letter from your authorized representative dated June 30,1999, submitted on behalf of Company, requesting rulings under § 1362(g) and (b)(5) of the Internal Revenue Code regarding Company's S corporation election within five years of the termination of an earlier election. |
| 200001038(PDF, 80K) |
8/9/2001 |
| Pursuant to a power of attorney on file in this office, this responds to a letter submitted on behalf of X requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 200001037(PDF, 38K) |
1/8/2000 |
| Issues: (1) How should reductions to Part IV credits be treated for purposes of computing the addition to tax under § 6651(a)(2) (penalty for failure to pay tax shown on return)? (2) Should reductions to all Part IV credits that are part of the § 6211 deficiency calculations be treated the same for purposes of computing the § 6651(a)(2) penalty? (3) Should reductions to refundable credits be treated differently than reductions to non-refundable credits for purposes of computing the § 6651(a)(2) penalty? (4) When is it appropriate to increase the § 6651(a)(2) penalty if the penalty was previously computed for not paying an amount shown as tax on the return? |
| 200001036(PDF, 14K) |
1/8/2000 |
| Issues: (1) Does "misrepresentation of a material fact" under Internal Revenue Code § 6532(b) have to be deliberate, willful, or intentional? (2) Can the Service establish general case criterial to determine when a refund was induced by "misrepresentation of a material fact" or must such a determination be made on a case-by-case basis? |
| 200001035(PDF, 11K) |
1/8/2000 |
| Issue: Can the Service credit a refund to the taxpayer against taxes previously discharged and abated by the Service? |
| 200001034(PDF, 8.8K) |
1/8/2000 |
| 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. |
| 200001033(PDF, 9.1K) |
1/8/2000 |
| 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. |
| 200001032(PDF, 19K) |
1/8/2000 |
| 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 "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 A. |
| 200001031(PDF, 8.9K) |
1/8/2000 |
| 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. |
| 200001030(PDF, 6.7K) |
1/8/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on Date (1) A, as X's president and sole shareholder, represents that it was the intent of X's shareholder that X elect to be an S corporation effective for Year 1, X's first taxable year. |
| 200001029(PDF, 6.7K) |
1/8/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X began doing business on Date (1) A, as X's president, represents that it was the intent of X's shareholders that X elect to be an S corporation effective for Year 1, X's first taxable year. |
| 200001028(PDF, 23K) |
1/8/2000 |
| Requesting an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as the common parent of the consolidated group of which the purchasing corporation, Purchaser, is a member) and Seller are requesting an extension of time 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 (sometimes hereinafter referred to as the "Election"), with respect to Purchaser's acquisition of the Target stock on Date B. |
| 200001027(PDF, 34K) |
1/8/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. |
| 200001026(PDF, 6.4K) |
1/8/2000 |
| Requesting permission to change its accounting period, for federal income tax purposes, from a to a taxable year ending, effective for the taxable year beginning. 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. |
| 200001025(PDF, 8.9K) |
1/8/2000 |
| Requesting a ruling that the rental income received by Company from certain properties is not passive investment income within the meaning of � 1362(d)(3)(C)(i) of the Internal Revenue Code. Facts Company was incorporated in State on D1. Company is engaged in the business of holding, leasing, and managing real estate. |
| 200001024(PDF, 18K) |
1/8/2000 |
| 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 of time 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 A. |
| 200001023(PDF, 15K) |
1/8/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that Individual 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. |
| 200001022(PDF, 21K) |
1/8/2000 |
| Issue: Should district counsel seek entry of a decision if the Internal Revenue Service has not yet completed its audit of the years from which losses have been carried back to the docketed years? |
| 200001021(PDF, 42K) |
1/8/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. The rulings contained in this letter are based on facts and representations submitted by the taxpayer under penalties of perjury. Verification of this information may be required as part of the audit process. |
| 200001020(PDF, 6.6K) |
1/8/2000 |
| 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. |
| 200001019(PDF, 58K) |
1/8/2000 |
| Issues: (1) Whether the portion of a tax overpayment that has been credited against the outstanding assessed liability for another tax year may be refunded to or credited to another liability of a taxpayer if the taxpayer failed to file a timely claim for refund of the assessed liability against which the initial overpayment was credited. (2) If the refund or credit of the taxpayers' overpayments is not barred by the statute of limitations, may such overpayments be credited against the agreed upon tax deficiency in the Tax Court case, and, if so, what language should be used in the Stipulation and Decision documents to reflect such credit to the docketed tax year? |
| 200001018(PDF, 71K) |
1/8/2000 |
| Issues: (1) Whether the costs of ongoing research and development ("R&D") on acquired technology are required to be shared under an existing cost sharing agreement. (2) Whether one participant in a cost sharing agreement is required to make a buy-in payment to the other participant when the other participant acquires existing technology for further development. (3) Whether, if a buy-in payment is required, but Examination did not assert this requirement when it examined the taxable year in which the technology was acquired and that taxable year is now closed, Examination may require buy-in payments in the form of periodic payments for open taxable years. |
| 200001017(PDF, 7.9K) |
1/8/2000 |
| Requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. The shareholder of X intended that X elect to be treated as an S corporation effective D1. However, the election to be treated as an S corporation was not timely filed. |
| 200001016(PDF, 12K) |
1/8/2000 |
| Requesting a ruling that X be given an extension of time to elect to be treated as a partnership for federal tax purposes for its taxable year beginning D1. FACTS: X is a limited liability company formed on D1 under the laws of COUNTRY as a limited liability company, with P1, a domestic limited partnership, as its over 99% owner and P2 as the owner of the remaining interest. |
| 200001015(PDF, 30K) |
1/8/2000 |
| Requesting rulings concerning the federal income, estate, and gift tax consequences of a proposed grantor retained annuity trust. This letter responds to your request. The facts and representations submitted are summarized as follows: Taxpayer proposes to establish the Trust, an irrevocable trust that will hold stock in Company, an S corporation. |
| 200001014(PDF, 15K) |
1/8/2000 |
| Requesting a ruling that the Deferred Compensation Plan ("Plan") and Trust of State X constitute an eligible deferred compensation plan and trust within the meaning of � 457 of the Internal Revenue Code of 1986 and the Income Tax Regulations. |
| 200001013(PDF, 30K) |
1/8/2000 |
| Requesting rulings concerning the federal income, estate, and gift tax consequences of a proposed grantor retained annuity trust. This letter responds to your request. The facts and representations submitted are summarized as follows: Taxpayer proposes to establish the Trust, an irrevocable trust that will hold stock in Company, an S corporation. Spouse will serve as the trustee of the Trust. |
| 200001012(PDF, 26K) |
1/8/2000 |
| Requested rulings under §§ 2501 and 2601 of the Internal Revenue Code. This letter responds to your request. The information submitted and the representations made are summarized as follows: Decedent created the Trust on a. Pursuant to Article IX, Paragraph (4) of the Trust, on the death of Decedent in b, all the net income from the trust was distributed to Spouse until Spouse's death on c. |
| 200001011(PDF, 29K) |
1/8/2000 |
| Request for rulings dated April 6, 1999, on the federal income tax consequences of proposed transactions concerning § 355 of the Internal Revenue Code. |
| 200001010(PDF, 10K) |
1/8/2000 |
| Seeking a ruling to determine if a bequest from the Decedent to Charity qualifies for an estate tax charitable deduction under § 2055 of the Internal Revenue Code. |
| 200001009(PDF, 6.2K) |
1/8/2000 |
| Requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on Date (1) The shareholder of X desired S corporation treatment for X, effective Date 1, but an election to be treated as an S corporation was not timely filed. |
| 200001008(PDF, 29K) |
1/8/2000 |
| Issues: (1) Whether Taxpayer is treated as a dealer in securities for purposes of Internal Revenue Code § 475. (2) Whether Taxpayer's trade receivables are securities for purposes of � 475.3. Whether Taxpayer is entitled to mark to market its trade receivables under � 475 for its Year 1 and Year 2 tax years. |
| 200001007(PDF, 29K) |
1/8/2000 |
| Ruling request to our office regarding the use of the net operating loss carryovers of a former subsidiary by the taxpayer's U.S. branch. Upon being notified of our adverse position, the taxpayer withdrew its request by a letter dated August 30, 1999. Pursuant to � 8.07(2)(b) of Revenue Procedure 99-1, 1999- 1 I.R.B. 6, 34, we hereby inform you of the taxpayer's withdrawal of its request for the letter ruling. In addition, this memorandum states our views of the issues raised by the taxpayer's request. |
| 200001006(PDF, 74K) |
1/8/2000 |
| Issues: (1) Is Taxpayer using acceptable methods of accounting for income from market area studies? (2) If any of Taxpayer's methods of accounting are not acceptable, does the closing agreement preclude the Service from changing those methods of accounting? |
| 200001005(PDF, 70K) |
1/8/2000 |
| Issues: (1) Whether petitioner properly claimed losses with regard to subscriber-based intangible and assembled workforce. (2) Whether petitioner properly claimed losses with respect to computer software. (3) Whether petitioner properly claimed losses with regard to certain tangible assets. |
| 200001004(PDF, 9.8K) |
1/8/2000 |
| Requesting a ruling on behalf of Company under § 1362(f) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a under the laws of State. Company made an election to be an S corporation effective for its tax year beginning on b. Company currently has several shareholders, all of whom, Company represents, are eligible S corporation shareholders. |
| 200001003(PDF, 35K) |
1/8/2000 |
| Issues: (1) Whether taxpayer has filed a proper claim, under Revenue Procedure 99-19, to protect its rights to interest netting for interest periods before July 22, 1998. (2) Whether interest netting under Internal Revenue Code � 6621(d), which provides for a zero rate of interest on equivalent underpayments and overpayments "by the same taxpayer," applies to an affiliated group of corporations filing a consolidated income tax return and its individual members, such that interest on a consolidated income tax underpayment may be netted against interest on a separate excise tax overpayment made by a member of the consolidated group. |
| 200001002(PDF, 54K) |
1/8/2000 |
| Issue: Whether petitioners properly claimed losses under Internal Revenue Code § 165 with regard to their subscriber-based intangible and assembled workforce. |
| 200001001(PDF, 46K) |
3/13/2000 |
| Issues: 1) Whether the Service may use evidence that was obtained from an intercepted wire communication (wiretap) relating to an act not enumerated in 18 U.S.C. § 2516 without a derivative use order as required by 18 U.S.C. § 2517(5). 2) Whether the Service is permitted to request a nunc pro tunc derivative use order to be applied retroactively to the evidence obtained from the wiretap. 3) Whether the evidence obtained from a legally authorized intercepted wire communication would be suppressed if the Service fails to obtain a derivative use order. |
| INFO 2000-0001(PDF, 8K) |
2/15/2000 |
| Requesting a ruling on a subissue under � 368(a)(1)(A) of the Internal Revenue Code concerning a statutory merger. |
