| 200014045(PDF, 7.2K) |
4/11/2000 |
| Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company is a corporation operating in State. It is represented that Company has intended to be an S corporation since a. |
| 200014044(PDF, 478K) |
9/5/2001 |
| This letter is in response to a request for a ruling request dated December 19, 1997, as supplemented by correspondence dated April 9,1999, May 12, 1999, and June 29, 1999, which was submitted on your behalf by your authorized representative, concerning an arrangement described under � 403(b) of the Internal Revenue Code . |
| 200014043(PDF, 263K) |
9/5/2001 |
| This letter is in response to a ruling request which concerns the consequences for an employee stock ownership plan (llESOP1) under Internal Revenue Code � 4975(d)(3), 4975(e)(7) and 415(c)(2) of a proposed election under Code � 1362. |
| 200014042(PDF, 777K) |
9/5/2001 |
| This responds to Taxpayer's request for a private letter ruling dated March 13, 1998. Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power purchase agreement ("PPA") pursuant to the Agreement constitutes a "compulsory or involuntary conversion" of its PPA and its facility within the meaning of §§ 1033 and 1231 of the Internal Revenue Code . Taxpayer has also requested a ruling that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA and its facility is a § 123 gain or § 123 loss. Taxpayer also requests rulings that the amounts paid to terminate certain agreements relating to its facility are deductible under § 162 in the year paid. |
| 200014041(PDF, 107K) |
9/5/2001 |
| This responds to your letter dated September 9, 1999, and subsequent correspondence, submitted on behalf of A requesting an extension of time, pursuant to 301.9100-3(a) of the Procedure and Administration Regulations to file an election for B to be classified as an association taxable as a corporation for federal tax purposes under � 30l.f701-3(c). |
| 200014040(PDF, 410K) |
9/5/2001 |
| This is in response to letters dated November 11 and 12, 1999, and previous correspondence from your authorized legal representatives, who have requested certain rulings on your behalf. |
| 200014039(PDF, 265K) |
9/5/2001 |
| This letter responds to a request dated September 15, 1999 for rulings relating to the federal income tax treatment of a proposed transaction. |
| 200014038(PDF, 495K) |
9/5/2001 |
| This letter responds to the request of Taxpayer, dated June 28, 1999, and supplemental information submitted on behalf of Taxpayer, for a revised schedule of ruling amounts in accordance with § 1.468A03(i)(2) of the Income Tax Regulations. Taxpayer was previously granted a revised schedule of ruling amounts on June 24, 1997. Information for the schedule of ruling amounts was submitted on behalf of the Taxpayer pursuant to 9 1.468A-3(h)(2). |
| 200014037(PDF, 137K) |
9/5/2001 |
| We respond to your letter dated March 31, 1999, requesting that we rule on a significant subissue in a proposed transaction. See � 3.01(24) of Rev. Proc. 99-3, 1999-1 I.R.B. 106. |
| 200014036(PDF, 43K) |
4/11/2000 |
| Issues: (1) Whether interest and penalties may be assessed against A for late payment of tax attributable, in part, to amounts paid into a lockbox used by the Service located in a bank that were embezzled by a bank employee, and, if so, in what amounts. (2) Whether interest and penalties may be assessed against A for late payment of tax attributable, in part, to amounts paid to the Service that were embezzled by a Service employee, and, if so, in what amounts. (3) Whether interest and penalties may be assessed against A for late payment of tax attributable, in part, to amounts paid to A's accountant for forwarding to the Service that were embezzled by A's accountant, and, if so, in what amounts. (4) Whether the suspension of collection notices to A during the pendency of a TIGTA investigation into the possible embezzlement of tax deposits to the Service affects the assessment of interest and penalties in the situations described below. |
| 200014035(PDF, 36K) |
4/11/2000 |
| Issues: (1) Whether amounts earned by an individual who has been civilly committed to a treatment facility for sex offenders are earned income under � 32(c)(2) of the Code. (2) Whether amounts earned by an individual who is serving a prison sentence at a treatment facility for sex offenders are earned income under � 32(c)(2) of the Code. (3) Whether amounts earned by an individual who has been civilly committed to a treatment facility for sex offenders, but is physically located in a prison rather than a separate treatment facility, are earned income under � 32(c)(2) of the Code. |
| 200014034(PDF, 90K) |
4/7/2000 |
| In a case involving whether successive bankruptcies toll the statute of limitations for collection, the Fifth CInternal Revenue Codeuit found not clearly erroneous the bankruptcy court's factual determination that the debtor's filing of three bankruptcy petitions in three years was not done in bad faith. Internal Revenue Service v. Stern, 85 AFTR2d ¶ 2000-335 (5 th Cir. Dec. 16, 1999) (unpublished). |
| 200014033(PDF, 19K) |
4/11/2000 |
| Issues: (1) Can the Internal Revenue Service recover a nonrebate erroneous refund pursuant to its common-law right of offset. (2) If so, what is the applicable statute of limitations? |
| 200014032(PDF, 14K) |
4/11/2000 |
| Requested rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated November 4, 1999, and January 5, 2000.Distributing is a State N corporation engaged in Business A and Business B. Distributing has outstanding X shares of voting common stock that are owned in equal parts by five siblings (A, B, C, D, and E). |
| 200014031(PDF, 10K) |
4/11/2000 |
| Requesting a ruling that the rental income Company receives from the Property, will not be passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. FACTS: According to the information submitted, Company, a subchapter C corporation with accumulated earnings and profits, made an election on d1 under § 1362(a) to be taxed as an S corporation. |
| 200014030(PDF, 17K) |
4/11/2000 |
| Rulings are requested regarding the federal income tax consequences of a proposed transaction. Additional information was received in letters dated June 23, July 28, and August 19, 1999. Distributing is a closely held family business engaged in business a. The Distributing shares are presently held in the following proportions: Shareholders A 32.764% Shareholders B 33.202% Shareholders C 34.034% |
| 200014029(PDF, 7.2K) |
4/11/2000 |
| 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 three shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200014028(PDF, 6.8K) |
4/11/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 of Year. A, the sole shareholder of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200014027(PDF, 7.3K) |
4/11/2000 |
| 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 president of X, represents that X was intended to be an S corporation. This intent is evidenced by X's Application for Registration with X's state department of taxation and revenue, which indicates that X is a "Sub-Chapter S Corporation." |
| 200014026(PDF, 9.2K) |
4/11/2000 |
| Requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreements and certifications described in § 1.1503-2(g)(2) for the losses incurred by FB for the fiscal years ending on Dates B through E. The ruling contained in this letter is predicated upon facts and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. |
| 200014025(PDF, 10K) |
4/11/2000 |
| 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. |
| 200014024(PDF, 28K) |
4/11/2000 |
| Requesting rulings that each Taxpayer should treat each automatic payment made pursuant to a systematic withdrawal program adopted with respect to certain deferred variable annuity contracts as part of a series of "substantially equal periodic payments" within the meaning of Internal Revenue Code § 72(q)(2)(D) for purposes of satisfying the Taxpayers' reporting obligations with respect to the Contracts under § 6047(d). |
| 200014023(PDF, 5.4K) |
4/11/2000 |
| The Prior Letter Ruling, ruling (4) is replaced with the following: (4) The basis of the assets received by Controlled 1 will be the same as the basis of such assets in the hands of Distributing immediately prior to the transaction described above, increased in the amount of gain recognized to Distributing under paragraph 2 above (§ 362(b)). The basis of the assets received by Controlled 2 will be the same as the basis of such assets in the hands of Distributing immediately prior to the transaction described above (§ 362(b)). |
| 200014022(PDF, 8.2K) |
4/11/2000 |
| 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. |
| 200014021(PDF, 8.3K) |
4/11/2000 |
| 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 D2. FACTS: According to the information submitted, X was incorporated on D1 and it was decided that X would be an S corporation effective D2. The Form 2553, Election by a Small Business Corporation, however, was not timely filed. |
| 200014020(PDF, 22K) |
4/11/2000 |
| Requesting that we rule on certain federal income tax consequences of a proposed transaction. |
| 200014019(PDF, 7.3K) |
4/11/2000 |
| 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 one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200014018(PDF, 7.3K) |
4/11/2000 |
| 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 and operates in State. Company has two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200014017(PDF, 10K) |
4/11/2000 |
| Requesting a time extension under § 301.9100-3 of the Procedure and Administration Regulations. X is a domestic corporation which, through a series of holding companies, co-owned Y. Three other entities, U, V, and W owned the remainder of Y. On D1 Y, along with two foreign national-owned enterprises, formed Z, a foreign entity. |
| 200014016(PDF, 15K) |
4/11/2000 |
| Requested rulings regarding your purchase of oil and gas properties. You represented that: A agreed to purchase certain interests in oil and gas producing properties from B. Production from the interests includes gas produced from coal seams and tight formations which are qualified fuels under � 29(c) of the Internal Revenue Code of 1986, as amended. |
| 200014015(PDF, 6.9K) |
4/11/2000 |
| Requesting rulings regarding the effect of a potential change of facts upon a private letter ruling dated August 25, 1998 (PLR-119480- 97) (Prior Letter Ruling). Additional information was received on December 16, 1999. In the Prior Letter Ruling, ruling 2 states in part, First Liquidating Distribution and the deemed distribution of the Deemed Sale proceeds will be treated as a series of distributions in a complete liquidation to which §§ 332 and 337 apply (§ 338(h)(10). |
| 200014014(PDF, 52K) |
4/11/2000 |
| Issues: (1) Whether the taxpayer's purported inter-company "loans and advances" lack economic substance and business purpose and constitute substantive shams. (2) Whether certain advances made by Corp U (through journal entries) purporting to be advances for indebtedness to its indirect subsidiaries relating to dividends distributed by them qualify as indebtedness for Federal income tax purposes. (3) Did advances made by Corp U to the same subsidiaries relating to their expenses represent valid indebtedness, or did those advances represent contributions to their capital? |
| 200014013(PDF, 19K) |
4/11/2000 |
| Requested several rulings under § 2031(c) of the Internal Revenue Code. This letter responds to your request. The information submitted and the representations made are summarized as follows: On the date of Decedent's death, Decedent owned, through the Trust, a of the b outstanding shares of the Company. |
| 200014012(PDF, 33K) |
4/11/2000 |
| Issue: When does interest begin to run on Taxpayer Corporation's Year 1 deficiency? |
| 200014011(PDF, 10K) |
4/11/2000 |
| Requesting a ruling under § 1362(d)(3) of the Internal Revenue Code that X's rental income from residential real properties is not passive investment income. FACTS: X is a former C corporation that elected S status effective D. X owns, rents and manages m residential real properties. |
| 200014010(PDF, 22K) |
4/11/2000 |
| Issues: (1) Is Company's activity of providing property as described below a rental activity within the meaning of � 469(j)(8)? (2) Assuming Company's activity of providing property constitutes a rental activity for purposes of � 469, may Company group the rental activity with its trade or business activity for the years in issue. |
| 200014009(PDF, 15K) |
4/11/2000 |
| Request several rulings on the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. On Date 1, Settlor 1 created Trust 1, an irrevocable inter vivos trust, for the benefit of Child. Under the terms of Trust 1, the trustees are to pay the net income of Trust 1 to Child for life. |
| 200014008(PDF, 97K) |
4/11/2000 |
| Issue: Whether taxpayer has substantiated that it's investment must be treated as an economic interest in minerals in place, rather than as a loan, in accordance with Treasury Regulation § 1.636-1(b) and the "pool of capital" doctrine. |
| 200014007(PDF, 17K) |
4/11/2000 |
| Issue: Was a pre-1993 debt of the Partnership that was secured at the time incurred by real property used in the Partnership's trade or business debt incurred "in connection with" real property used in the Partnership's trade or business within the meaning of § 108(c)(3)(A) of the Internal Revenue Code? |
| 200014006(PDF, 8.2K) |
4/11/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his 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 December 17, 1999. |
| 200014005(PDF, 55K) |
4/11/2000 |
| Issue: Whether Taxpayer is correctly accounting for interest credited on policyholder dividends left on deposit with Taxpayer. |
| 200014004(PDF, 16K) |
4/11/2000 |
| Issue: Assuming that trustees' fees paid to C and D, the surviving spouse's two children, in their capacity as trustees of a qualified terminable interest property (QTIP) trust, are excessive for purposes of §§ 162 and 212 of the Internal Revenue Code, does the payment of such fees constitute taxable gifts to C and D under § 2501? |
| 200014003(PDF, 110K) |
4/11/2000 |
| Issues: (1) Whether the amounts paid by Corp X for its Year 1 and Year 2 tax years pursuant to the Florida Everglades Agricultural Privilege Tax can be deducted as a tax pursuant to Internal Revenue Code § 164. (2) Whether the amounts paid by Corp X pursuant to the Everglades Agricultural Privilege Tax are deductible as an ordinary and necessary business expense pursuant to I.R.C. § 162. |
| 200014002(PDF, 12K) |
4/11/2000 |
| Issue: Is the value of the testamentary trust of which Decedent was a co-trustee and life beneficiary includible in Decedent's gross estate under § 2041(a)(2) of the Internal Revenue Code? |
| 200014001(PDF, 47K) |
4/11/2000 |
| Issues: (1) Can overstatement of income tax prepayment credits on an individual income tax return (or claim for refund or credit) be considered in a deficiency determination? (2) Can a fraudulent Form W-2 be considered a fraudulent return? Does Internal Revenue Code § 6501(c)(1) apply to a return based on a false Form W-2? Must the civil fraud penalty be assessed, per IRM 121.2.5.6 for the unlimited assessment period of � 6501(c)(1) to apply? (3) Does the period of limitations for making an assessment set forth in I.R.C.§ 6501(a) and the unlimited period in � 6501(c)(1) apply to assessments of overstated prepayment credits made under � 6201(a)(3)? (4) Can reversal of income tax prepayment credit, on the ground that the credit is overstated and does not exist, be considered an assessment under � 6201(a)(3)? (5) What should be done with the frozen refund?(6) What must be shown "at a minimum" in order to assert fraud and keep the statute open? |
| 200013044(PDF, 690K) |
9/1/2001 |
| This responds to your letter of May 15, 1998, and supplemental correspondence, requesting rulings as to federal income tax consequences of certain aspects of the domestic incorporation of Branch. |
| 200013043(PDF, 73K) |
9/1/2001 |
| We respond to your letter dated September 10, 1999, in which you requested rulings as to the federal income tax consequences of a completed transaction. Specifically, you requested rulings under � 336 and 337 of the Internal Revenue Code. |
| 200013042(PDF, 73K) |
9/1/2001 |
| We respond to your letter dated September 10, 1999, in which you requested rulings as to the federal income tax consequences of a completed transaction. Specifically, you requested rulings under � 336 and 337 of the Internal Revenue Code. |
| 200013041(PDF, 891K) |
9/1/2001 |
| This is in response to your request for a ruling dated September 29, 1998, submitted by your authorized representative, and a telephone conference held on December 17, 1999, in which you request a number of letter rulings under � 401(a) (9), 408, 408A, and 2518(b) of the Internal Revenue Code. |
| 200013040(PDF, 78K) |
9/1/2001 |
| This letter responds to a letter, dated July 6, 1999, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b) (5) of the Internal Revenue Code. |
| 200013039(PDF, 682K) |
9/1/2001 |
| This responds to Taxpayer's request for a private letter ruling dated February 25, 1998. Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power purchase agreement ("PPA") pursuant to the Agreement constitutes a "compulsory or involuntary conversion" of its PPA and its facility within the meaning of §§ 1033 and 1231 of the Internal Revenue Code. Taxpayer has also requested a ruling that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA and its facility is a § 1231 gain or § 1231 loss. Taxpayer also requests a ruling that the amounts paid to terminate a financing agreement relating to its facility is deductible under § 163 in the year paid. |
| 200013038(PDF, 551K) |
9/1/2001 |
| This letter responds to a letter, dated March 6, 1999, and subsequent correspondence, submitted on behalf of Taxpayer, requesting a letter ruling on the classification of the Facility for purposes of � 168 of the Internal Revenue Code. |
| 200013037(PDF, 143K) |
9/1/2001 |
| This is in response to a request submitted on behalf of the Authority by its authorized representative for an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to file a carryforward election under § 146(f) of the Internal Revenue Code. |
| 200013036(PDF, 211K) |
9/1/2001 |
| For purposes of determining the date on which interest begins to accrue on an overpayment of tax, is the overpayment reduced by any portion credited to the succeeding year's estimated tax? |
| 200013035(PDF, 484K) |
9/1/2001 |
| Whether buyout payments, called "inftfal payments" and "back-and payments" made in two lump sum amounts to union employees in exchange for their yearly share of productivity funds are deferred compensation for purposes of � 404(a)(5) of the Internal Revenue Code. |
| 200013034(PDF, 140K) |
9/1/2001 |
| This letter responds to your request dated August 19, 1999, submitted on behalf of Taxpayer requesting an extension of time to make a binding contract election under § 1.197-lT(d) of the Temporary Income Tax Regulations. |
| 200013033(PDF, 96K) |
9/1/2001 |
| This responds to the letter dated June 30, 1999, and subsequent correspondence, submitted on behalf of X, requesting an extension of time pursuant to § 301.9100-3(a) of the Procedure and Administration Regulations to file an election under § 301.7701-3(c) to be classified as an association taxable as a corporation for federal tax purposes. |
| 200013032(PDF, 36K) |
3/31/2000 |
| Issues: (1) Can a taxpayer rely on the timely mailing, timely filing rule of Internal Revenue Code § 7502 so that a claim for refund is considered timely filed where the taxpayer mails a delinquent 1993 return on either April 10, 1997, or April 12, 1997, claiming an overpayment and that return is date stamped "received" by the Service Center on April 17, 1997?2. Do you concur with the Appeals' analysis that there are sufficient litigating hazards (both legal and factual) to warrant allowing these refund claims as part of an overall case settlement? (3) If we agree with Appeals then how do we answer the Service Center's concern that we are treating similarly situated taxpayers differently since the Service Center is denying such claims pursuant to our previous advice? (4) If we disagree with Appeals, does the Service Center have the authority to refuse to implement Appeals settlements which allow such refunds in order to ensure consistent treatment of similarly situated taxpayers? |
| 200013031(PDF, 13K) |
3/31/2000 |
| Issue: Are payments from the State Acquisition and Relocation Fund that assist individual renters in relocating from flood-damaged homes to other residences includible in the recipients' gross incomes? |
| 200013030(PDF, 17K) |
3/31/2000 |
| Issue: Are the following flood relief payments gross income to the recipient upon which information reporting is required under § 6041 of the Internal Revenue Code: payments to farmers for crop yield losses; payments to farmer owned cooperatives for commodity quality losses; supplemental payments to growers' associations for uncollected assessments; and payments to fishermen for harvest losses? |
| 200013029(PDF, 27K) |
3/31/2000 |
| Issue: Whether there is any legal authority which mandates the Service's use of Form 809 as a receipt for non-cash payments made by walk-in taxpayers? |
| 200013028(PDF, 19K) |
3/31/2000 |
| Request for an extension of time-under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file two elections. Parent (as the common parent of the consolidated group that includes Parent's wholly owned subsidiary, Purchaser) 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 (the "§ 338(h)(10) Election") regarding Purchaser's acquisition of Target on Date A. |
| 200013027(PDF, 13K) |
3/31/2000 |
| Requesting a ruling under § 1362(f) of the Internal Revenue Code that the termination of Company's S corporation election was inadvertent. Company was incorporated under the laws of State on a and elected under § 1362(a) to be an S corporation effective b. Company's S election terminated on c when M purchased Company shares and caused them to be issued in the name of N, an ineligible shareholder under § 1361(b). |
| 200013026(PDF, 16K) |
3/31/2000 |
| Requesting certain rulings regarding the proper federal income tax treatment, including any reporting and/or withholding obligations, for certain stipends paid by you, X, to individuals in connection with the research training programs and activities briefly described below. X operates as a division of N, an educational organization recognized as exempt from federal income tax under � 501(c)(3) of the Internal Revenue Code, and described in � 170(b)(1)(A)(ii). |
| 200013025(PDF, 22K) |
3/31/2000 |
| Requesting rulings regarding the generation-skipping transfer tax (GSTT) consequences and income tax consequences of a division of trust assets FACTS: Before September 25, 1985, Settlor executed Trust Agreement, creating a separate irrevocable trust, Trust 1, Trust 2, Trust 3 and Trust 4, for each of his then living children, Child 1, Child 2, Child 3, and Child 4, respectively. |
| 200013024(PDF, 6.7K) |
3/31/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was formed on D1 and began operations in Year (1) A, the sole shareholder of X, represents that A intended for X to be an S corporation beginning in Year 1 and that A believed that A had timely filed a Form 2553, Election by a Small Business Corporation, for X. |
| 200013023(PDF, 14K) |
3/31/2000 |
| Requesting a letter ruling under § 42(n)(4) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to correct an administrative error in an allocation of the low- income housing credit dollar amounts. |
| 200013022(PDF, 10K) |
3/31/2000 |
| Requesting a ruling that X's rental income from certain real property is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. The information submitted states that X is a closely held property holding company. X is the sole shareholder of Sub1 and Sub2. |
| 200013021(PDF, 27K) |
3/31/2000 |
| Requesting rulings on behalf of Company. You have requested several rulings concerning the treatment of various activities for purposes of § 856(d) of the Internal Revenue Code. 1) The Partnerships (described below) will not be deemed to be providing any services to tenants by reason of (a) the leases between Company C and the Partnerships, (b) any agreements between Company C and the tenants, and (c) services performed by Company C in providing music to common areas of Company Properties. |
| 200013020(PDF, 9.6K) |
3/31/2000 |
| Requested a supplemental ruling to PLR 199926026 issued on April 1, 1999 (the "Prior Letter Ruling"). Additional information was submitted on October 4, 1999, and November 18, 1999. The Prior Letter Ruling states that the business purpose for the 355 spin-off is to allow Controlled to reduce its debt-equity ratio by making a public offering of its stock in the open market. |
| 200013018(PDF, 52K) |
3/31/2000 |
| Issues: (1) Whether B are exempt from taxation under � 501 and would not, therefore, qualify as "includible corporations" for purposes of � 1504? (2) Whether the prohibition against private inurement in � 501(c)(3) applies to B as a matter of federal tax law? (3) Whether B are includible in the affiliated group (within the meaning of � 1504(a)) of corporations of which A is the common parent and may, therefore, join with A in filing a consolidated federal income tax return. |
| 200013017(PDF, 49K) |
3/31/2000 |
| Issues: (1) Whether expenses incurred in the manufacture of a wafer and mask set containing a prototype integrated cInternal Revenue Codeuit design are eligible for the credit under Internal Revenue Code § 41. (2) When does research end for purposes of � 41. |
| 200013016(PDF, 31K) |
3/31/2000 |
| Issues: What are the proper forms for consents (Forms 872) to extend the periods of assessment for the continuing "Corp A Group" for Year3, Year4, and Year5, and the terminated "Corp B Group" for Year2 and Year3. |
| 200013015(PDF, 16K) |
3/31/2000 |
| Rulings are requested on the application of � 2519 and 2522 of the Internal Revenue Code. Decedent executed the Trust in 1993 and amended it twice before his death. A, B, and C were designated as the trustees. The Trust became irrevocable at Decedent's death in 1994. |
| 200013014(PDF, 28K) |
3/31/2000 |
| Requested rulings concerning the income and generation-skipping transfer tax consequences of dividing the Trust, a grandfathered trust. This letter responds to your request. The information submitted and the representations made are summarized as follows: The Trust was created under Article Ninth of Decedent's will, dated a, as amended by a First Codicil, dated b, and as further amended by a Second Codicil, dated c. Decedent's will was admitted to probate on d. |
| 200013013(PDF, 40K) |
3/31/2000 |
| Issue: Whether T is entitled to a deduction under � 174(a) for expenses incurred related to the development or improvement of a device prior to the approval of the new or improved device by the X. |
| 200013012(PDF, 21K) |
3/31/2000 |
| Requesting a ruling concerning the estate and gift tax treatment of certain powers held by the Decedent during the Decedent's life. The facts submitted and representations made are as follows: Father, a resident of, died testate on Date, which is before October 21, 1942. |
| 200013011(PDF, 33K) |
3/31/2000 |
| Issue: Whether the capital loss recognized by Taxpayer upon the sale of Note B (the Bull notes) should be disallowed. |
| 200013010(PDF, 29K) |
3/31/2000 |
| Issue: Whether, under the facts below, Corporations Y and Z are participants in a bona fide/qualified cost sharing arrangement. |
| 200013009(PDF, 17K) |
3/31/2000 |
| Requested as to the federal income tax consequences of a proposed transaction. Additional information was received in a letter dated September 20, 1999. Mutual is a State X mutual savings bank which is insured and regulated by State X and the FDIC. Mutual has no authorized stock. |
| 200013008(PDF, 44K) |
3/31/2000 |
| Issue: Whether dd, received by Taxpayer subsequent to Date 2, but attributable the sale of X Securities prior to Date 2 should be included in gross income or should be excluded as a return of basis. |
| 200013007(PDF, 7.4K) |
3/31/2000 |
| 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 and B, the shareholders of X represent that they intended that X begin operations as an S corporation beginning in Year 1, X's first taxable year. |
| 200013006(PDF, 54K) |
3/31/2000 |
| Issues: (1) Whether Corporation's "supervisory goodwill" qualifies as "money or other property" for purposes of Internal Revenue Code § 597. (2) Whether Corporation properly claimed losses under I.R.C. § 165 for amounts attributable to supervisory goodwill. |
| 200013005(PDF, 8.7K) |
3/31/2000 |
| Requesting a ruling on the proper Federal income tax treatment of certain disability benefits and additional compensation received by Taxpayer. In the course of her employment, Taxpayer became physically disabled because of an on-the-job injury. |
| 200013004(PDF, 108K) |
3/31/2000 |
| Issues: (1) Whether the lease stripping transactions lack economic substance. (2) Whether the partnership form should be respected. (3) Whether the purported sale and leaseback of the computer equipment and store equipment are properly characterized for federal income tax purposes. (4) Whether the step transaction doctrine can be applied to collapse the lease stripping transactions. (5) Whether � 482 applies to the lease-stripping transactions at issue, and if so, the consequences of applying � 482. |
| 200013003(PDF, 43K) |
3/31/2000 |
| Issue: Whether Entity Z should be included as a member of the consolidated group under the provisions of Internal Revenue Code § 597, such that the debtor, Entity X, would be liable for Entity Z's tax liability. |
| 200013002(PDF, 55K) |
3/31/2000 |
| Issues: (1) A number of such returns were placed in a freeze status because of possible criminal investigation and prosecution. Once the decision has been made not to pursue the matter criminally, how should such returns be processed? (2) With respect to ongoing processing of returns claiming refunds on this basis, do the documents that are filed qualify as "returns," and may a deficiency be assessed using the "math error" procedures? |
| 200013001(PDF, 19K) |
3/31/2000 |
| Issues: (1) Must a service center receiving a referral from New York State as part of the Federal-State Cooperative Audit Program obtain the state's administrative file before issuing a notice of deficiency of less than $5,000? (2) Must Letter 525(SC) be revised to explicitly notify its recipient that he or she may request an appeals conference? |
| 200012085(PDF, 30K) |
3/24/2000 |
| Issue: Whether a foreign postmark satisfies the requirements of the timely mailing/timely filing rule in Internal Revenue Code § 7502 with respect to returns. |
| 200012084(PDF, 205K) |
9/1/2001 |
| This is in response to a letter dated October 12, 1999, and prior correspondence, requesting a private letter ruling that Trust is an integral part of City. |
| 200012083(PDF, 346K) |
9/1/2001 |
| This is in response to a ruling request submitted on your behalf by your authorized representative dated October 20, 1958. and supplemented by additional correspondence dated May 24, 1959. August 18. 1599 and September 7, 1995, The ruling request concerns the tax treatment of elective deferrals to a cash or deferred arrangement in coordination with a nonqualified deferred compensation plan. |
| 200012082(PDF, 196K) |
9/1/2001 |
| This letter responds to the request of Taxpayer, dated September 10, 1999, for a determination as to whether the costs associated with the construction, operation, and decommissioning of an independent spent fuel storage installation ("ISFSI") can be financed from amounts held in Fund pursuant to 5 1.468A-l(b)(5) of the Regulations, and whether such costs are deductible in the taxable year paid or incurred pursuant to 5 165 of the Internal Revenue Code. |
| 200012081(PDF, 13K) |
3/24/2000 |
| Issue: Whether a corporation directly making purchases of its own stock is acting as a broker in every situation and therefore, under § 6045 of the Internal Revenue Code, should be required to issue its shareholders Forms 1099-B? |
| 200012080(PDF, 8.7K) |
3/24/2000 |
| Information Reporting - Condemnation of Real Property Our prior memorandum to you (October 4, 1999; CC;DOM:IT&A:2; SPR-110473-99, 199947029) concluded, in part, that the interest component of a condemnation award did not meet the definition of interest under § 6049 of the Internal Revenue Code. |
| 200012079(PDF, 33K) |
3/24/2000 |
| Issues: (1) Does an employee of the Internal Revenue Service (Service), who is being sued by a taxpayer for actions committed within the scope of his/her employment, commit a violation of Internal Revenue Code § 6103 by providing a copy of the civil complaint to his/her private insurer, whom he/she obtained to provide coverage in this type of situation? (2) The insurance policy obtained by the employee provides the following when the employee is sued for actions committed within the scope of his employment: liability coverage, an attorney if the government does not represent the employee, the possibility of an attorney to oversee a defense provided by the government, and the delegation of limited power to the insurer to settle civil claims. If providing the complaint to the private insurer is not a violation of � 6103, would a discussion with the insurer or personal attorney involving return information underlying but not contained within the complaint or other public documents constitute a disclosure violation? |
| 200012078(PDF, 30K) |
3/24/2000 |
| Issues: (1) Is the Form SS-10 or 872 the proper form to use to extend the limitations period on FICA tax with respect to underreported tips? (2) If Form SS-10 is the proper form to use, with respect to a married couple that filed a joint return, assuming only one of the spouses is liable for FICA tax on underreported tips, must the Service obtain a Form SS-10 only from the tipped spouse, or must it obtain a Form SS-10 each spouse? |
| 200012077(PDF, 10K) |
3/24/2000 |
| 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. Additional information was submitted in letters dated August 16, 1999 and September 28, 1999. |
| 200012076(PDF, 12K) |
3/24/2000 |
| Ruling is requested concerning the federal income tax treatment of a testamentary transfer to charity of vested nonqualified stock options under � 83 and 691 of the Internal Revenue Code. According to the information submitted, A is the retired Chairman and former member of the Board of Directors of X. |
| 200012075(PDF, 7.2K) |
3/24/2000 |
| Requesting a ruling, on behalf of X, under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 of Year (1) A, as president of X, represents that the shareholders of X intended that X elect to be an S corporation beginning in Year 1, its first taxable year. |
| 200012074(PDF, 25K) |
3/24/2000 |
| Requesting several rulings concerning the income, gift, estate, and generation-skipping transfer tax consequences of proposed transactions consisting of the transfer of all assets and liabilities from Trust 1 to Trust 3 and from Trust 2 to Trust (4) The facts submitted indicate that Decedent died on D1, a resident of State 1. |
| 200012073(PDF, 25K) |
3/24/2000 |
| Requesting, on behalf of the taxpayers identified above, an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as common parent of the consolidated group of which Purchaser is a member) 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 stock of Target (sometimes hereinafter referred to as the "Election"), effective on Date A. |
| 200012072(PDF, 7.7K) |
3/24/2000 |
| Requesting an extension of time pursuant to § 301.9100-3(a) of the Procedure and Administration Regulations to file an election under § 301.7701-3(c) to be disregarded as an entity separate from its owner for federal tax purposes. FACTS: X was formed under Country law on D1. X has a single owner that has limited liability. |
| 200012071(PDF, 13K) |
3/24/2000 |
| Requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. The extension is being requested for Parent and Sub to make an election to file a consolidated federal income tax return, with Parent as the common parent, under § 1.1502-75 (a)(1) of the Income Tax Regulations (hereinafter referred to as "the Election"), effective for their taxable year ending on Date2. |
| 200012070(PDF, 19K) |
3/24/2000 |
| Requesting, on behalf of the taxpayers identified above, an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as common parent of the consolidated group of which Purchaser is a member) 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 stock of Target (sometimes hereinafter referred to as the "Election"), effective on Date A. |
| 200012069(PDF, 19K) |
3/24/2000 |
| Requesting, on behalf of the taxpayers identified above, an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as common parent of the consolidated group of which Purchaser is a member) 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 stock of Target (sometimes hereinafter referred to as the "Election"), effective on Date A. |
| 200012068(PDF, 19K) |
3/24/2000 |
| Requesting, on behalf of the taxpayers identified above, an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as common parent of the consolidated group of which Purchaser is a member) 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 stock of Target (sometimes hereinafter referred to as the "Election"), effective on Date A. |
| 200012067(PDF, 19K) |
3/24/2000 |
| Requesting, on behalf of the taxpayers identified above, an extension of time under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (as common parent of the consolidated group of which Purchaser is a member) 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 stock of Target (sometimes hereinafter referred to as the "Election"), effective on Date A. |
| 200012066(PDF, 7.2K) |
3/24/2000 |
| 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 three shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200012065(PDF, 7.3K) |
3/24/2000 |
| 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. |
| 200012064(PDF, 25K) |
3/24/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction on behalf of the above-captioned taxpayer. Additional information was received on September 24, October 8, October 17 and December 14, 1999. |
| 200012063(PDF, 24K) |
3/24/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction on behalf of the above-captioned taxpayer. Additional information was received on September 24, October 8, October 17 and December 14, 1999. |
| 200012062(PDF, 25K) |
3/24/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction on behalf of the above-captioned taxpayer. Additional information was received on September 24, October 8, October 17 and December 14, 1999. |
| 200012061(PDF, 12K) |
3/24/2000 |
| Requesting a ruling that contributions made to University concurrently with a fundraising program in which sweepstakes tickets are distributed free of charge to all participants are deductible under § 170 of the Internal Revenue Code. |
| 200012060(PDF, 7.3K) |
3/24/2000 |
| 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 State on a. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200012059(PDF, 6.6K) |
3/24/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 of Year. A, the sole shareholder of X, intended that X elect to be an S corporation beginning in Year 1, its first taxable year. X's law firm prepared a Form 2553, Election by a Small Business Corporation, for X. |
| 200012058(PDF, 7.3K) |
3/24/2000 |
| 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 always intended to be an S corporation. |
| 200012057(PDF, 7.3K) |
3/24/2000 |
| 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 one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation. |
| 200012056(PDF, 12K) |
3/24/2000 |
| Requesting a ruling that the proposed modification of Trust 1, a grandfathered trust, will not cause Trust 1 to be subject to the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code. |
| 200012055(PDF, 12K) |
3/24/2000 |
| Requesting a ruling that the proposed modification of Trust will not cause Trust to be subject to the generation-skipping transfer tax imposed by §2601 of the Internal Revenue Code. |
| 200012054(PDF, 12K) |
3/24/2000 |
| Requesting a ruling that the proposed modification of Trust will not cause Trust to be subject to the generation-skipping transfer tax imposed by §2601 of the Internal Revenue Code. |
| 200012053(PDF, 11K) |
3/24/2000 |
| Requesting a ruling that the proposed modification of Trust will not cause Trust to be subject to the generation-skipping transfer tax imposed by §2601 of the Internal Revenue Code. |
| 200012052(PDF, 12K) |
3/24/2000 |
| Requesting a ruling that the proposed modification of Trust 1, a grandfathered trust, will not cause Trust 1 to be subject to the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code. |
| 200012051(PDF, 37K) |
3/24/2000 |
| Issues: (1) Does the operation of the Facility result in income from an unrelated trade or business? (2) Do the cash sales from certain retail stores operated by the taxpayer result in income from an unrelated trade or business? (3) Do certain laboratory fees result in income from an unrelated trade or business? |
| 200012050(PDF, 8.1K) |
3/24/2000 |
| Requesting a time extension under � 301.9100-3 of the Procedure and Administration Regulations for X to elect to be treated as a corporation for federal tax purposes. FACTS: X was validly formed as a corporation under State law. On D1 X converted under State law into a State limited partnership. For federal tax purposes, X intended to continue as a C corporation. However, X did not timely file a Form 8832, Entity Classification Election. |
| 200012049(PDF, 98K) |
3/24/2000 |
| Issues: (1) Whether the Tax Court has jurisdiction to determine: (A) whether Z overpaid underpayment interest on the portion of an underpayment of tax that was eliminated by use of a foreign tax credit for foreign taxes paid with respect to YEAR 1 in a later year; and (B) whether the Service owes Z additional overpayment interest on overpayments that were refunded to Z or credited to other tax liabilities of Z more than six years before the Tax Court petition was filed. (2) Whether Z has presented a valid and timely claim for the payment of interest for the years at issue based upon each of the following audit adjustments: (A) Overpayment interest claimed on a refund alleged to have been made more than 45 days after the original return claiming a refund for YEAR 3 was filed; (B) Overpayment interest claimed on amounts credited from YEAR 1 and YEAR 3 to other tax liabilities of Z due to alleged errors in calculating the underpayment interest due from Z; (C) Overpayment interest claimed on the amounts credited pursuant to the election on Z's returns for YEAR 5 and YEAR 6 to its estimated tax liabilities for, respectively, YEAR 6 and YEAR 7; (D) Reduction of underpayment interest paid by Z on the portion of an underpayment of tax for YEAR 1 that was eliminated by use of a foreign tax credit for foreign taxes paid with respect to YEAR 1 in a later year; and (E) Netting under � 6621(d) of underpayment interest paid or payable by Z and overpayment interest paid or payable to Z over overlapping interest periods for tax periods including YEAR 1, YEAR 3, and YEAR (5) 1 |
| 200012048(PDF, 21K) |
3/24/2000 |
| Issue: May a Reporting Agent which seeks to electronically file Form 941 be relieved from obtaining, from its clients, and submitting, to the Service, new Reporting Agent Authorizations, when the Reporting Agent's current Authorizations only allow it to file Form 941 on magnetic tape? |
| 200012047(PDF, 8.5K) |
3/24/2000 |
| Issue: Are winning tickets and vouchers issued by pari-mutuel betting parlors regarded as cash for purposes of § 6050I if those tickets and vouchers may be used in placing a bet of more that $10,000? |
| 200012046(PDF, 43K) |
3/24/2000 |
| Issues: (1) Whether the Corp A & Subsidiaries consolidated group is entitled to claim an ordinary loss in under Treasury Regulation § 1.1502-13(d) upon the distribution of loss property from Corp D to Corp A, and Corp A's contemporaneous sale of its stock in Corp D to Corp F. (2) Assuming the Corp A & Subsidiaries consolidated group is entitled to claim an ordinary loss in under Treas. Reg. § 1.1502-13(d), whether Corp A in calculating its gain or loss on the sale of the Corp D stock, must reduce its basis in the Corp D stock by the amount of the ordinary loss under Treas. Reg. § 1.1502- 32(b)(2)(i) and by the fair market value of the "X Property" distributed to Corp A by Corp D under Treas. Reg. § 1.1502-32(b)(2)(iv) (Assuming Corp A does not wish to include the fair market value of the "X Property" distributed to it in Corp A's income, under Treas. Reg. § 1.1502-13(f)(2)(ii).). |
| 200012045(PDF, 15K) |
3/24/2000 |
| Requesting a ruling concerning the proposed amended and restated deferred compensation plan (the "Plan") which E intends to be an eligible deferred compensation plan under � 457 of the Internal Revenue Code of 1986. E is represented to be a political subdivision of State S and thus to be an eligible governmental entity described in � 457(e)(1)(A). |
| 200012044(PDF, 15K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012043(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012042(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012041(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012040(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012039(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012038(PDF, 27K) |
3/24/2000 |
| Requested rulings regarding the federal estate and gift tax consequences of a partial release of a limited power of appointment and the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. According to your submission, Grandparent 1 died testate on Date (1) Pursuant to the terms of his will, Grandparent 1 created four separate residuary trusts of equal value for the benefit of his four children, including Trust A for the benefit of Daughter and her descendants. |
| 200012037(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012036(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012035(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012034(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012033(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012032(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012031(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012030(PDF, 14K) |
3/24/2000 |
| Issue: � 2601.00-00 Tax On Generation Skipping Transfers |
| 200012029(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012028(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012027(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012026(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012025(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012024(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012023(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012022(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012021(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012020(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012019(PDF, 15K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012018(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012017(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012016(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012015(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012014(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012013(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012012(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012011(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012010(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012009(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012008(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012007(PDF, 18K) |
3/24/2000 |
| Issue: � 2601.00-00 Tax On Generation Skipping Transfers |
| 200012006(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012005(PDF, 17K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012004(PDF, 16K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012003(PDF, 18K) |
3/24/2000 |
| Requested a ruling regarding the application of the generation-skipping transfer tax provisions of Chapter 13 of the Internal Revenue Code. Specifically, you requested a ruling that the exempt status of Trust A for GST tax purposes would not be affected by the following: (i) the Trustee's consent to Corporation's S election on behalf of Trust A; (ii) the Trustee's execution of an "electing small business trust" election on behalf of Trust A; and (iii) the Trustee's execution of the shareholder agreement on behalf of Trust A. |
| 200012002(PDF, 50K) |
3/24/2000 |
| Issues: (1) Whether the taxpayer is precluded from electing dealer status pursuant to Internal Revenue Code § 475 and regulations thereunder during the pendency of the merger agreements because of language in the Restated Agreement and Plan of Merger? (2) Does the language in the Restated Agreement and Plan of Merger cause all or certain transition securities to be identified pursuant to Holding 15, thus precluding the taxpayer from marking to market those identified securities? |
| 200011072(PDF, 203K) |
9/1/2001 |
| This is in response to a request for a letter ruling submitted by your authorized representative on May 26, 1999, as supplemented by additional correspondence on August 3, October 20 and December 8, 1999, concerning the minimum distribution requirements under � 401(a)(9) of the Internal Revenue Code. |
| 200011071(PDF, 303K) |
9/1/2001 |
| This is in response to a ruling request dated March 6, 1999, as amended and supplemented by submissions of June 7, 1999, July 21, 1999, October 1, 1999 and October 4, 1999, concerning Plan X and the pick up under � 414(h) (2) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011070(PDF, 291K) |
9/1/2001 |
| This is in response to a ruling request dated October 1, 1999, concerning Plan X and the pick up under � 414(h) (2) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011069(PDF, 148K) |
9/1/2001 |
| This is in reply to your rulings request of September 18, 1998, as modified by Your letter of November 12, 1999, requesting approval of a proposed set-aside of your income under the suitability test of � 4942(g)(2)(8(li) of the Internal Revenue Code and � 53.4942ial-3(b)(2) of the Foundation and Similar Excise Taxes Regulations. |
| 200011068(PDF, 293K) |
9/1/2001 |
| This is in response to a ruling request dated October 1, 1999, concerning Plan X and the pick up under � 414(h)(2) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011067(PDF, 298K) |
9/1/2001 |
| This is in response to a ruling request dated October 1, 1999, concerning Plan X and the pick up under � 414(h)(Z) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011066(PDF, 292K) |
9/1/2001 |
| This is in response to a ruling request dated October 1, 1999, concerning Plan X and the pick up under � 414(h)(2) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011065(PDF, 294K) |
9/1/2001 |
| This is in response to a ruling request dated October 1, 1999, concerning Plan X and the pick up under � 414(h)(2) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011064(PDF, 290K) |
9/1/2001 |
| This is in response to a ruling request dated October 1, 1999, concerning Plan X and the pick up under � 414(h)(2) of the Internal Revenue Code of certain employee contributions to purchase optional service credit, including service credit attributable to amounts previously withdrawn from Plan X. |
| 200011063(PDF, 357K) |
9/1/2001 |
| This is in response to your letter dated June 24, 1999, wherein you requested a ruling as to the tax consequences of the proposed transactions described below. |
| 200011062(PDF, 251K) |
9/1/2001 |
| This is in response to the letter submitted on your behalf by your authorized representative, as supplemented by correspondence and, in which you request letter rulings under � 408(d) (3) of the Internal Revenue Code. |
| 200011061(PDF, 158K) |
9/1/2001 |
| This responds to your June 15, 1999 letter requesting a ruling confirming that the election to treat A, B, C and D as domestic corporations under � 1504(d) of the Internal Revenue Code will be unaffected by a recent amendment to Country Z's law. Additional information was provided on November 13, 1999 and December 20, 1999. |
| 200011060(PDF, 738K) |
9/1/2001 |
| This responds to Taxpayer's request for a private letter ruling dated October 14, 1999. Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power, purchase agreement ("PPA") pursuant to the Agreement constitutes a "compulsory or involuntary conversion" of its PPA within the meaning of §§ 1033 and 1231 of the Internal Revenue Code . Taxpayer has also requested a ruling that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA is a § 123 gain or § 123 loss. Taxpayer also requests rulings that the amounts paid to terminate certain agreements relating to its facility are deductible under § 162 in the year paid. |
| 200011059(PDF, 879K) |
9/1/2001 |
| This responds to Taxpayer's request for a private letter ruling dated April.8,.1999, Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power purchase agreement ("PPA") pursuant to the Agreement 2 constitutes a "compulsory or involuntary conversion" of its PPA and its facility within the meaning of §§ 1033 and 123 of the Internal Revenue Code . Taxpayer has also requested a ruling that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA and its facility is a § 123 gain or § 123 loss. Taxpayer also requests rulings that the amounts paid to terminate certain agreements relating to its facility are deductible under §§ 162, 163 or 164 in the year paid. |
| 200011058(PDF, 367K) |
9/1/2001 |
| This is in reply to a letter dated June 23, 1999, and previous correspondence, submitted on behalf of A and Trust, by their authorized representative, requesting rulings under � 678, 1361, 2503, and 2033 through 2046 of the Internal Revenue Code. |
| 200011057(PDF, 756K) |
9/1/2001 |
| This responds to Taxpayer's request for a private letter ruling dated March 6, 1998. Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power purchase agreement ("PPA") pursuant to the Agreement constitutes a "compulsory or involuntary conversion" of its PPA within the meaning of §§ 1033 and 123 1 of the Internal Revenue Code . Taxpayer has also requested rulings that the restated contracts constitute "property similar or related in service or use" to its PPA for purposes of § 1033(a)(l); that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA is a § 123 1 gain or § 123 1 loss; and that the amounts paid to terminate the financing agreements relating to its facility are deductible under § 163 in the year paid. |
| 200011056(PDF, 360K) |
9/1/2001 |
| This is in reply to a letter dated June 23, 1999, and previous correspondence, submitted on behalf of A and Trust, by their authorized representative, requesting rulings under � 678, 1361, 2503, and 2033 through 2046 of the Internal Revenue Code. |
| 200011055(PDF, 363K) |
9/1/2001 |
| This is in reply to a letter dated June 23, 1999, and previous correspondence, submitted on behalf of A and Trust, by their authorized representative, requesting rulings under � 678, 1361, 2503, and 2033 through 2046 of the Internal Revenue Code. |
| 200011054(PDF, 369K) |
9/1/2001 |
| This is in reply to a letter dated June 23, 1999, and previous correspondence, submitted on behalf of A and Trust, by their authorized representative, requesting rulings under � 678, 1361, 2503, and 2033 through 2046 of the Internal Revenue Code. |
| 200011053(PDF, 786K) |
9/1/2001 |
| This responds to Taxpayer's request for a private letter ruling dated February (12) 1998. Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power purchase agreement ("PPA") pursuant to the Agreement constitutes a "compulsory or involuntary conversion" of its PPA within the meaning of §§ 1033 and 1231 of the Internal Revenue Code . Taxpayer has also requested a ruling that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA is a § 123 gain or § I23 loss. Taxpayer also requests rulings that the amounts paid to terminate certain agreements relating to its facility are deductible under §§ 162 or 163 in the year paid. |
| 200011052(PDF, 735K) |
9/1/2001 |
| This responds to Taxpayer's request for a private letter ruling dated February 12, 1998. Specifically, Taxpayer has requested a ruling that the termination of Taxpayer's power purchase agreement CPPA") pursuant to the Agreement constitutes a, "compulsory or involuntary conversion" of its PPA within the meaning of � 1033 and 123 of the Internal Revenue Code . Taxpayer has also requested a ruling that the amount of any gain (or loss) required to be recognized by Taxpayer in connection with the conversion of its PPA is a 123 1 gain or § 1231 loss. Taxpayer also requests rulings that the amounts paid to terminate certain agreements relating to its facility are deductible under §§ 162 or 163 in the year paid. |
| 200011051(PDF, 626K) |
9/1/2001 |
| The receipt and continued ownership by you of partnership interests owned by X at his death and the distributed by r to you will not jeopardize your exempt status as a tax-exempt private foundation under � 501(c)(3) of the Code. (2) Pursuant to the exception in � 514(c) (2(B)) of the Code, the mortgages encumbering the properties which are owned by some of the partnerships will not constitute "acquisition indebtedness" as defined in � 514(c)(l) of the Code for the ten-year period commencing on the date of the transfer of the partnership interests to you. The receipt and continued ownership by you of partnership interests owned by X at his death and the distributed by 1 to you vi.11 not constitute acts of self-dealing between you and a disqualified person under � 4941 of the Code. (4) Pursuant to � 4943(c)(6)'of the Code, the receipt and continued ownership by you of the partnership interests in "business enterprises" owned by & at his death and distributed by x to you will not constitute excess business holdings as defined in � 4943 of the Code for the five-year periods commencing on the dates of the transfer of the partnership interests to you. |
| 200011050(PDF, 577K) |
9/1/2001 |
| Issues: (1) Whether, based on the facts presented, X will maintain its exempt status under � 501(c) (19) of the Internal Revenue Code during the years under examination. If X is unable to maintain its exempt status under � 501(c) (19) during the years examined, will it qualify for exemption under � 501(c) (4)? (2) Whether contributions made to X are deductible under Code � 170(c) (3) and 2522(a) (4) during the years under examination. |
| 200011049(PDF, 16K) |
3/21/2000 |
| Issues: (1) Whether... is entitled to the refund of $ for the taxes that she paid on... on behalf of... (2) Whether... has a cause of action against the United States under Internal Revenue Code § 7433 for the reckless, intentional or negligent disregard of certain provisions of the Internal Revenue Code in collecting the taxes. |
| 200011048(PDF, 30K) |
3/21/2000 |
| Issue: Whether the tax liability of a partner that is attributable to the increase of cancellation of indebtedness income of a partnership should be assessed by way of computational adjustment or through the deficiency procedures. |
| 200011047(PDF, 29K) |
3/21/2000 |
| Request for significant service center advice dated October 15, 1999, regarding the proper allocation of joint estimated tax payments by spouses who subsequently file separate returns. The Ogden Service Center questions whether the current Internal Revenue Manual procedures satisfactorily resolve all the allocation issues. |
| 200011046(PDF, 30K) |
3/21/2000 |
| Regarding the treatment of offers in compromise received prior to January 1, 2000, from taxpayers who have filed bankruptcy petitions, and to provide guidance to Counsel in processing these offers. |
| 200011045(PDF, 10K) |
3/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of her 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 29, 1999. |
| 200011044(PDF, 44K) |
3/21/2000 |
| Issues: (1) Does the Statute Of Limitations ("SOL") under 26 U.S.C. §6511 apply to a request from the Bureau of Internal Revenue of the Virgin Islands that the IRS cover over taxes withheld and paid to the United States on payments made to a bonafide resident of the Virgin Islands ("VI")? (2) Does the Statute Of Limitations under 26 U.S.C. §6511 preclude the IRS from transferring funds to the VI that were erroneously paid into the United States by a foreign corporation that only had VI sourced income? |
| 200011043(PDF, 10K) |
3/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his 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 29, 1999. |
| 200011042(PDF, 9.5K) |
3/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's loss of U.S. citizenship (expatriation) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated October 4, October 5, October 27 and June 21, 1999. |
| 200011041(PDF, 34K) |
3/21/2000 |
| Requested rulings on behalf of Parent, Holding, Acquiring, and Target with respect to a proposed transaction. Parent is a publicly traded corporation and the common parent of an affiliated group that files a consolidated federal income tax return, using the accrual method. Parent owns all of the issued and outstanding stock of Intermediate #1. |
| 200011040(PDF, 7.3K) |
3/21/2000 |
| 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 and B, the shareholders of X, intended for X to be an S corporation beginning in Year 1, X's first taxable year. X relied on its accountant to file all the necessary forms for X to be an S corporation. |
| 200011039(PDF, 10K) |
3/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his 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. |
| 200011038(PDF, 10K) |
3/21/2000 |
| Requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his 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. |
| 200011037(PDF, 9.2K) |
3/21/2000 |
| Requesting that Taxpayer be granted an extension of time under Treasury Regulation § 301.9100-3 to submit a ruling request provided by Internal Revenue Code § 877(c) and Notice 97-19, 1997-1 C.B. 394, as modified by Notice 98-34, I.R.B. 1998-27. |
| 200011036(PDF, 28K) |
3/21/2000 |
| Request for rulings, dated August 4, 1999, on a proposed transaction. Additional information was submitted in letters dated October 28, and December 3, 1999. |
| 200011035(PDF, 31K) |
3/21/2000 |
| Request rulings as to the federal income tax consequences of a proposed transaction. Additional information was received in subsequent submissions. |
| 200011034(PDF, 19K) |
3/21/2000 |
| Requesting a private letter ruling under § 42(n)(4) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to correct administrative errors in an allocation of the low-income housing credit dollar amounts. Agency and Partnership represent that the facts are as follows: FACTS: Partnership is a State limited partnership formed to acquire, develop, operate and manage the Project. The Project is a b-unit low-income housing project located in City. |
| 200011033(PDF, 16K) |
3/21/2000 |
| Request for rulings on the federal income tax consequences of a proposed transaction. The facts submitted in this request and later correspondence are summarized below. The rulings in this letter are based on the facts and representations submitted under penalties of perjury in support of the request. Verification of that information may be required as part of the audit process. |
| 200011032(PDF, 7.4K) |
3/21/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 in Year (1) A, as the sole shareholder and president of X, represents he intended that X was to be an S corporation beginning Year 1, its first taxable year. |
| 200011031(PDF, 28K) |
3/21/2000 |
| Private letter ruling (PLR) issued on November 5, 1999, regarding Mutual and Transfer Agent. At your request, we now address the previously separated second and third requested rulings and the fourth requested ruling to the extent it relates to payments covered by the second and third requested rulings. |
| 200011030(PDF, 11K) |
3/21/2000 |
| Requesting a ruling under � 1362(f) of the Internal Revenue Code. FACTS: The information submitted discloses that X is a corporation organized under the laws of State on Date (1) On Date 2, X elected to be treated as an S corporation. Y is also a corporation organized under the laws of State. |
| 200011029(PDF, 7.9K) |
3/21/2000 |
| Requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. X's shareholder intended that X be a subchapter S corporation, effective D1; however, an S corporation election to be treated as an S corporation was not timely filed. |
| 200011028(PDF, 7.9K) |
3/21/2000 |
| Ruling request dated April 7, 1999, which requests 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. |
| 200011027(PDF, 7.9K) |
3/21/2000 |
| Requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated under State law on D1. X's shareholder intended that X be a subchapter S corporation, effective D1; however, an S corporation election to be treated as an S corporation was not timely filed. |
| 200011026(PDF, 7.9K) |
3/21/2000 |
| 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. |
| 200011025(PDF, 36K) |
3/21/2000 |
| Issues: (1) Was � VI of Notice 89-35, 1989-1 C.B. 675, which modified the "single account" and "15-day rules" of Temporary Treasury Regulation § 1.163-8T(c)(4)(iii)(B) still in effect during 1994? (2) Under the "any account of the taxpayer" rule set out in Notice 89-35, can the taxpayer's loan be allocated to the subsidiary's expenditure, and must that subsidiary be members of taxpayer's consolidated group? (3) Do the "any account" and "30-day rules" of Notice 89-35 apply to debt refinancing as defined at Treas. Reg. § 1.163-8T(e)? (4) Is an intercompany loan an "investment expenditure... properly chargeable to capital account" for purposes of the debt allocation rules of Treas. Reg. § 1.163-8T?5. In a disguised sale of a partner's stock in a subsidiary, do intercompany loans to a subsidiary, constitute capital expenditures "with respect to the property transferred" under Treas. Reg. § 1.707-5(a)(6)(i)(C)? (6) In a disguised sale of a partner's stock in a subsidiary, do capital expenditures of the subsidiary incurred and paid by the subsidiary constitute capital expenditures "with respect to the property transferred" under Treas. Reg. § 1.707-5(6)(i)(C)? (7) Whether the commercial paper liabilities assumed by A are "qualified liabilities" under Treas. Reg. § 1.707-5(a)(6)(i)(C)? |
| 200011024(PDF, 8.9K) |
3/21/2000 |
| Requesting a ruling that waives the five-year waiting period imposed by � 1361(b)(3)(D) of the Internal Revenue Code in order to permit X to make an S election under � 1362(a). The information submitted states that X, a corporation organized under the laws of State, is a wholly-owned subsidiary of Y. |
| 200011023(PDF, 27K) |
3/21/2000 |
| Issue: Whether the Taxpayer may claim an Internal Revenue Code (Internal Revenue Code) � 691(c) deduction for estate taxes owed, but not yet paid, by Decedent's estate. |
| 200011022(PDF, 8.1K) |
3/21/2000 |
| Requesting a time extension under � 301.9100-3 of the Procedure and Administration Regulations for X to elect to be treated as a corporation for federal tax purposes. FACTS: X was validly formed as a corporation under State law. On D1 X converted under State law into a State limited partnership. For federal tax purposes, X intended to continue as a C corporation. However, X did not timely file a Form 8832, Entity Classification Election. |
| 200011021(PDF, 93K) |
3/21/2000 |
| Issue: For Taxable Year 1, whether a controlled taxpayer may claim that a cost sharing arrangement is a qualified cost sharing arrangement under Treasury Regulation § 1.482- 7(a)(1) despite its failure to substantially comply with Treas. Reg. § 1.482-7(c)(1)(iii) and the administrative requirements of Treas. Reg. § 1.482-7(j) due to its failure to attach a cost sharing statement to its U.S. income tax return or Forms 5471. |
| 200011020(PDF, 10K) |
3/21/2000 |
| 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. Additional information was submitted in letters dated June 25, 1999, July 26, 1999, and September 22, 1999. |
| 200011019(PDF, 6.9K) |
3/21/2000 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. The information submitted states that X was incorporated on D1. A, the Co-CEO and Secretary of X, represents that X and its shareholders intended to begin operations as an S corporation beginning in Year 1. |
| 200011018(PDF, 12K) |
3/21/2000 |
| Requesting an extension of time pursuant to §301.9100-3(a) of the Procedure and Administration Regulations to file an election to be treated as a corporation for federal tax purposes under § 301.7701-3(c). |
| 200011017(PDF, 23K) |
3/21/2000 |
| Requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated September 6, September 29, October 19, October 29, November 16, November 24, and December 13, 1999. |
| 200011016(PDF, 13K) |
3/21/2000 |
| Requested rulings under � 302(b)(3) of the Internal Revenue Code on behalf of Taxpayer. The information submitted in that letter and later correspondence is summarized below. Corporation, a State X company, uses the accrual method of accounting and files its returns on a fiscal year ending on Date 1. |
| 200011015(PDF, 7.9K) |
3/21/2000 |
| 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. |
| 200011014(PDF, 24K) |
3/21/2000 |
| Loans Versus Constructive Dividends, This Field Service Advice supplements and clarifies the Field Service Advice issued to you on October 27, 1999 (the "prior FSA")(200011003), which responded to your memorandum dated August 30, 1999. The prior FSA is hereby incorporated by reference. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. |
| 200011013(PDF, 13K) |
3/21/2000 |
| Requesting relief under §1362(b)(5) of the Internal Revenue Code. Facts X is a corporation that was incorporated in State on D1. The shareholders of X (Shareholders) desired that X elect S corporation treatment for X, effective on D2, 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 D2. |
| 200011012(PDF, 24K) |
3/21/2000 |
| Request and later submissions requesting rulings concerning the income, estate, and gift tax consequences of the proposed creation of a trust. This letter responds to that request. The facts and representations submitted are as follows. Taxpayer proposes to create a trust, Trust, intended to qualify as a charitable lead annuity trust. Pursuant to the terms of Trust as proposed, Taxpayer's children, Child 1, Child 2, Child 3, and Child 4 are designated as the initial trustees of Trust. |
| 200011011(PDF, 59K) |
3/21/2000 |
| Issue: Whether a domestic corporation located in Puerto Rico that elects to be taxed as a possessions corporation under � 936(e) of the Internal Revenue Code and computes its income using the cost sharing method of � 936(h)(5) may, in determining the prices at which it sells the products it produces to its U.S. parent corporation, retain the benefits of location savings it achieves by having some of its production activities performed outside of Puerto Rico under a contract manufacturing arrangement with a foreign affiliate. |
| 200011010(PDF, 18K) |
3/21/2000 |
| Request for rulings on certain federal income tax consequences of a proposed transaction. FACTS: Parent is the publicly held parent of a consolidated group whose subsidiaries are engaged primarily in Industry AB. Distributing, a wholly owned subsidiary of Parent, conducts Business A and Business B, which are within Industry AB. Parent's other wholly owned subsidiaries include Sub 2, also engaged in Industry AB, Sub 3, which provides administrative and other services to affiliates of Parent, and Sub 4, which markets the Business A product. |
| 200011009(PDF, 8.9K) |
3/21/2000 |
| Issue: Whether the described products are taxable landing nets under § 4161 of the Internal Revenue Code and, as the importer of the products, is Taxpayer liable for tax on the sale of the products? |
| 200011008(PDF, 15K) |
3/21/2000 |
| Issues: Is the payment of life insurance proceeds to Decedent's adult children, a transfer of property or interest in property that is made, pursuant to a written agreement, to the Spouse in settlement of marital or property rights so the transfer is deemed to be for adequate and full consideration in money and money's worth under § 2516 of the Internal Revenue Code? |
| 200011007(PDF, 12K) |
3/21/2000 |
| Request for a private letter ruling submitted by your authorized representative for the consent of the Commissioner, under § 446(e) of the Internal Revenue Code and § 1.446-1(e) of the Income Tax Regulations, to change a method of accounting. You have been reporting certain intercompany transactions on a separate entity or current year basis since Year 1, without having secured the consent of the Internal Revenue Service as required by § 1.1502-13(e)(3) and § 1.1502-13(c)(3) of the 1966 regulations. Permission is hereby requested to comply with the reporting provisions of § 1.1502-13 to report all intercompany transactions on a single entity basis beginning with the Year 2 tax year (hereinafter "the proposed method"). |
| 200011006(PDF, 67K) |
3/21/2000 |
| Issues: 1: What is the proper treatment of the issuance and reacquisition by Taxpayer of warrants to its lenders ("lender warrants")? (a) At issuance, are the lender warrants a cost associated with the restructuring of the underlying lender loans or a cost of securing the Guarantor's loan guarantees? (b) If the lender warrants are a cost of restructuring the lender loans, what are the tax implications upon the later conversion of those loans to preferred stock? (i) How does the fact that a significant amount of debt was forgiven in connection with the debt-to-stock conversion affect the analysis? (c) Is the reacquisition of L percent of the lender warrants in Year 3 in exchange for common stock a capital transaction and, if so, is Internal Revenue Code § 1234 applicable? (i) Does the "open transaction" doctrine apply to "below the line" deductions? (ii) How does the fact that the lender warrants were reacquired by issuing common stock and in furtherance of a recapitalization in Year 3 affect the analysis? (iii) Is the "reacquisition" a "closing transaction" within the meaning of � 1234? 2: What is the proper treatment of the issuance and reacquisition of the Company warrants? |
| 200011005(PDF, 24K) |
3/21/2000 |
| Issues: (1) What facts should be developed to determine whether, and to what extent, gain on a series of transactions is deferred under Internal Revenue Code § 351, subject to any limitations of I.R.C. § 357? (2) What are the litigating hazards associated with raising the issues described above? |
| 200011004(PDF, 87K) |
3/21/2000 |
| Issues: (1) Whether the leveraged lease transaction is a transaction lacking business purpose and economic substance. (2) Whether the purported sale and leaseback are properly characterized for federal income tax purposes. (3) Whether the indebtedness incurred by the taxpayer to purchase the rail cars should be respected for federal income tax purposes. (4) Whether � 482 should not be applied to this sale leaseback transaction to reallocate the ownership attributes between Taxpayer and D because we do not believe the control requirement of � 482 has been met. |
| 200011003(PDF, 28K) |
3/21/2000 |
| Issue: Whether distributions by Corp 1 and Corp 2 to X during closed tax years 1 should be treated as loans and then recharacterized as constructive dividends in the first open tax year? |
| 200011002(PDF, 29K) |
3/21/2000 |
| Issues: (1) Whether the taxpayer was required to seek approval of the Commissioner pursuant to Internal Revenue Code § 442 before changing its accounting period in Year (8) (2) Whether the taxpayer could carry forward its net operating losses from prior tax years to its short period for Year 1. (3) Whether the taxpayer's failure to qualify for I.R.C. § 216 cooperative housing corporation status in the short year prevented it from qualifying in subsequent taxable years. |
| 200011001(PDF, 39K) |
3/21/2000 |
| Issues: (1) Is the amount of the liability incurred by Trust 2 which was secured by the property in Trust 2 included in X's amount realized upon the termination of Trust 2 and the transfer of the assets and liabilities of Trust 2 to the remainder trusts? (2) If the Service rules adversely to X on Issue 1, will the Service grant X's request to apply this technical advice memorandum on a nonretroactive basis under § 7805(b)(8) of the Internal Revenue Code? |
| 200010061(PDF, 296K) |
9/1/2001 |
| In a letter dated, May 4, 1999, your authorized representative requested a ruling for Bank A under � 514 (b) of the Internal Revenue Code. |
| 200010060(PDF, 253K) |
9/1/2001 |
| This is in response to a ruling request dated January 26, 1999, submitted by your authorized representative. The request was supplemented by letter dated August 24, 1999. This request concerns the consequences for an employee stock ownership plan ("ESOP") under Internal Revenue Code � 409(h) and 401(a) of a proposed transaction. |
| 200010059(PDF, 364K) |
9/1/2001 |
| This is in response to letters dated July 6, 1999, and December 3, 1999, in which you requested a letter ruling as to whether Plan X is a church plan within the meaning of � 414(e) of the Internal Revenue Code. |
| 200010058(PDF, 229K) |
9/1/2001 |
| This is in response to a request for a ruling submitted by your authorized representative on February 10, 1999 and supplemented by additional correspondence dated April 23, 1999, May 7, 1999, July 23, 1999, September 2, 1999 and September 9, 1999 concerning distributions from plans described in � 40 I (k) of the Internal Revenue Code and qualified under � 40l (k) of the Code. Your authorized representative submitted the following facts and representations in support of the requested ruling. |
| 200010057(PDF, 417K) |
9/1/2001 |
| This is in response to a ruling request dated June 7, 1999, on the application of � 507(b)(2) and Chapter 42 of the Internal Revenue Code to a proposed asset transfer from X to Y. |
| 200010056(PDF, 356K) |
9/1/2001 |
| This is in reference to your letter of September 10, 1999, requesting certain rulings with regard to modification of B'S grant program. |
| 200010055(PDF, 396K) |
9/1/2001 |
| This is in response to a request for letter rulings submitted by your authorized representative on March 10, 1999, as supplemented by letters dated June 3, 1999, June 18, 1999, July 16, 1999, October 22, 1999, December 7, 1999, and December 13, 1999, concerning the distribution of funds from an individual retirement account into a trust and the minimum distribution requirements under � 401 (a)(9) of the Internal Revenue Code . |
| 200010054(PDF, 109K) |
9/1/2001 |
| This is in response to a letter dated June 30, 1999, as supplemented by letter dated October 8, 1999, requesting rulings regarding the tax treatment. |
| 200010053(PDF, 86K) |
9/1/2001 |
| This letter constitutes notice that with respect to the above-named defined benefit pension plan, conditional waivers of the 100 percent excise tax under � 4971(b) of the Internal Revenue code have been granted for the tax and plan years ended December 31, 1995, 1996 and 1997. |
| 200010052(PDF, 506K) |
9/1/2001 |
| This is in response to a ruling request dated August 23, 1999, on the application of � 4942 and 4945 of the Internal Revenue Code. |
| 200010051(PDF, 125K) |
9/1/2001 |
| This responds to your letter of May 26, 1999, submitted on behalf of X requesting relief under 51362(f) of the Internal Revenue Code. |
| 200010050(PDF, 266K) |
9/1/2001 |
| This is in response to your letter dated April 2, 1999, requesting a ruling under � 985(b) of the Internal Revenue Code ("the Code"). Specifically, you requested a ruling that provides that each of Fund 1, Fund 2, and Fund 3 may adopt a functional currency other than the U.S. dollar by applying the principles used to determine the functional currency of a qualified business unit under � 1.985-l(c) of the Income Tax Regulations ("the regulations"). |
| 200010049(PDF, 85K) |
9/1/2001 |
| This responds to a letter dated July 27, 1999, and subsequent correspondence, submitted on behalf of 3, requesting relief under § 13,62(b)(5) of the Internal Revenue Code. |
| 200010048(PDF, 212K) |
9/1/2001 |
| This is in response to a letter dated June (1) 1999, and subsequent correspondence requesting rulings that the Company should treat positions held in Account 1 as being sold at fair market value on the last business day of the taxable year under � 1256 of the Internal Revenue Code but should not treat positions held in Account 2 as being sold at fair market value on the last business day of the taxable year under � 1256. |
| 200010047(PDF, 391K) |
9/1/2001 |
| This letter responds to the request of Taxpayer, dated March 9, 1999, and supplemental information that was submitted by your authorized representative on behalf of Taxpayer. Taxpayer is requesting a revised schedule of ruling amounts pursuant to � 1.468A-3(i)(l)(i) of the Income Tax Regulations as the date was changed when the Plant will no longer be included in Taxpayer's cost of service for ratemaking purposes. The Taxpayer was previously granted a revised schedule of ruling amounts on October 6, 1994. Information was submitted pursuant to � 1.468A-3(h)(2). |
| 200010046(PDF, 59K) |
3/13/2000 |
| Issues: (1) Whether an otherwise complete individual income tax return filed without a required form or schedule constitutes a valid return for purposes of the statute of limitations on assessment under § 6501 of the Internal Revenue Code (Code). (2) Whether an otherwise complete individual income tax return filed without a required form or schedule constitutes a sufficient claim for refund for purposes of §§ 6402 and 6511 of the Code. (3) Whether an otherwise complete individual income tax return filed without a required form or schedule constitutes a "processible" return for purposes of § 6611(g) of the Code. (4) Whether a decedent's final return, signed by an individual who identifies himself as the decedent's "personal representative," constitutes a valid return for purposes of § 6501 of the Code, a sufficient claim for refund for purposes of §§ 6402 and 6511, and a processible return for purposes of § 6611(g). |
| 200010045(PDF, 12K) |
3/13/2000 |
| Requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations for X to file a Form 3115, Application for Change in Accounting Method, which is to be effective for the tax year ended Date (1) This request was made in accordance with § 301.9100-3. |
| 200010044(PDF, 6.4K) |
3/13/2000 |
| 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 did not conduct any business until Date 2 of Year (2) A, the president and sole shareholder of X, represents that A intended X to be an S corporation beginning with X's Year 2 taxable year and filed with State for X to be an S corporation. |
| 200010043(PDF, 7.5K) |
3/13/2000 |
| 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 was intended to be an S corporation beginning Year 1, its first taxable year. The D2 Minutes of Regular Meeting of the Board of Directors of X evidence this intent. |
| 200010042(PDF, 7.5K) |
3/13/2000 |
| 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. |
| 200010041(PDF, 18K) |
3/13/2000 |
| Requesting a ruling as to the federal income tax consequences of certain transactions on behalf of E. Based upon the same facts represented herein, a similar letter ruling is being issued to D simultaneous to this letter ruling. |
| 200010040(PDF, 18K) |
3/13/2000 |
| Requesting a ruling as to the federal income tax consequences of certain transactions on behalf of D. Based upon the same facts represented herein, a similar letter ruling is being issued to E simultaneous to this letter ruling. |
| 200010039(PDF, 22K) |
3/13/2000 |
| Request for rulings as to the federal income tax consequences of a proposed transaction. Additional information was received on September 22, 1999 and September 29,1999. S1, an S corporation incorporated in State X, conducts Business Y. S1 wholly owns LLC, which conducts Business W. S2, an S corporation incorporated in State X, conducts Business Z. |
| 200010038(PDF, 9.1K) |
3/13/2000 |
| Requesting a ruling that X's receipts from leasing certain commercial properties will not constitute passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. The information submitted states that X was incorporated on D1 and elected under § 1362(a) to be an S corporation effective D2. X has accumulated earnings and profits. |
| 200010037(PDF, 36K) |
3/13/2000 |
| Requested rulings concerning the income, gift, estate, and generation-skipping transfer tax consequences of a proposed partition of a trust. Donor created Trust in 1969. Trust's corpus consists primarily of stock in Corporation. Trust is irrevocable and Trustee 1, Trustee 2, and Trustee 3 are the current co-trustees of Trust. |
| 200010036(PDF, 27K) |
3/13/2000 |
| Requesting a ruling concerning the estate, gift and income tax consequences of the creation and funding of a proposed charitable lead annuity trust (Trust) under §§ 170, 671, 675, 2035, and 2522 of the Internal Revenue Code. |
| 200010035(PDF, 33K) |
3/13/2000 |
| Requested rulings concerning the income, gift, and private foundation tax treatment of a proposed reformation of a charitable remainder trust. In 1988, Taxpayer A and Taxpayer B established and funded Foundation, a charitable organization described in §§ 170(c), 2055(a) and 2522(a) of the Internal Revenue Code, and that is recognized as exempt from income taxes under § 501(c)(3) as a private foundation described in § 509(a). |
| 200010034(PDF, 9.3K) |
3/13/2000 |
| Requesting relief under § 1362(f) of the Internal Revenue Code from Taxpayer's invalid S corporation election. FACTS: According to the information submitted, Taxpayer is a domestic corporation that in Month 1 elected S corporation status under § 1362(a). Taxpayer filed timely returns as an S corporation for Taxable Years 1 and 2. |
| 200010033(PDF, 16K) |
3/13/2000 |
| Requesting certain rulings regarding the proper federal income tax treatment, including any reporting and/or withholding obligations, for certain stipends paid by you, X, to individuals in connection with the research training programs and activities briefly described below. X is recognized as exempt from federal income tax under � 501(c)(3) of the Internal Revenue Code, and is a full service teaching and research hospital described in � 170(b)(1)(A) (iii). |
| 200010032(PDF, 43K) |
3/13/2000 |
| Issue: Whether the rationale of Kraft Foods Company v. Commissioner, 232 F.2d 118 (2d Cir. 1956), applies to treat the distribution of notes from DP to its parent as a distribution with respect to stock (which would constitute a dividend to the extent of the earnings and profits of DP). |
| 200010031(PDF, 12K) |
3/13/2000 |
| Requesting rulings about the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated November 30, 1999. |
| 200010030(PDF, 7.8K) |
3/13/2000 |
| Requesting a ruling that X's S corporation status will be effective as of D1. FACTS: X incorporated under State law on D1. 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. |
| 200010029(PDF, 7.8K) |
3/13/2000 |
| Requesting a ruling that X's S corporation status will be effective as of D1. FACTS: X incorporated under State law on D1. 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. |
| 200010028(PDF, 33K) |
3/13/2000 |
| Request for rulings, dated March 22, 1999, on the federal income tax consequences of a proposed transaction concerning § 355 of the Internal Revenue Code. We received additional information in letters dated April 9, May 26, June 21, June 24, (two letters with that date) July 15, August 25, September 3, September 22, and November 3, 1999. |
| 200010027(PDF, 42K) |
3/13/2000 |
| Issue: Whether the Service may adjust the FSC-commission deduction of a related supplier where the assessment period of limitations applicable to the related supplier is open, but the assessment and refund periods of limitations applicable to the FSC have previously expired. |
| 200010026(PDF, 7.5K) |
3/13/2000 |
| 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 effective D1. However, the election to be treated as an S corporation was not timely filed. |
| 200010025(PDF, 7.5K) |
3/13/2000 |
| 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, B, and C, the shareholders of X, represent that they intended that X elect to be an S corporation beginning Year 1, its first taxable year. |
| 200010024(PDF, 7.1K) |
3/13/2000 |
| 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 for X to be an S corporation beginning in Year 1, its first taxable year. |
| 200010023(PDF, 11K) |
3/13/2000 |
| Requesting a ruling regarding Taxpayer's status as an S corporation FACTS: According to the information submitted, Taxpayer was incorporated on Date (1) On Date 2, Taxpayer elected to be treated as an S corporation, effective as of Date 1. On Date 3, Taxpayer's sole shareholders were A and B, each of whom owned x percent of Taxpayer's outstanding shares. In that same year, Year 1, Taxpayer made distributions totaling $K to A and $L to B. |
| 200010022(PDF, 34K) |
3/13/2000 |
| Requesting rulings as to Z's acquisition of the stock of two S corporations and contemplated Qualified Subchapter S Subsidiary elections for the acquired companies. FACTS: X was incorporated under the laws of State on D1 and is a solvent S corporation. X elected S corporation status effective D4. |
| 200010021(PDF, 41K) |
3/13/2000 |
| Issues: (1) May a U.S. citizen residing outside the United States or a non-resident alien file his federal income tax return by mailing it to a Revenue Service Representative (RSR) at a U.S. embassy? (2) May a U.S. citizen residing outside the United States or a non-resident alien file his federal income tax return by hand-carrying it to a RSR? (3) May a U.S. citizen residing outside the United States or a non-resident alien pay his income tax to a RSR when filing his income tax return? |
| 200010020(PDF, 33K) |
3/13/2000 |
| Requests for rulings dated August 4, 1999 (and to your subsequent correspondence related to those requests) regarding the treatment of sub-accounts of certain separate accounts of insurance companies that invest in the Funds 1 as described below. FACTS: A. Description of Interested Parties (1) The Funds Each Fund is organized as a separate series of either the A Funds or the B Series, both organized as State 1 business trusts (collectively, the "Trusts"). The A Funds were created on Date 1. |
| 200010019(PDF, 19K) |
3/13/2000 |
| Request a ruling that the proposed disclaimer will be a qualified disclaimer under § 2518 of the Internal Revenue Code, and the proposed reformation of a trust created under � 3 of Article III of Trust will be a qualified reformation under § 2055(e)(3). |
| 200010018(PDF, 24K) |
3/13/2000 |
| Issue: Whether a facility used for the growing of plants is engaged in manufacturing within the meaning of Internal Revenue Code § 144(a)(12)(C). |
| 200010017(PDF, 37K) |
3/13/2000 |
| Issue: Whether Taxpayer is entitled to deduct all or any portion of the $A paid to Purchasing Corporation from a trust account that was established in connection with the "sale" of Taxpayer's losses to Purchasing Corporation? |
| 200010016(PDF, 32K) |
3/13/2000 |
| Issue: Whether Taxpayer's reserve for unpaid losses was "fair and reasonable" for purposes of Treasury Regulation § 1.832-4(b)? |
| 200010015(PDF, 16K) |
3/13/2000 |
| Request for rulings concerning the application of § 2703 of the Internal Revenue Code to certain transactions. This letter responds to that request. The facts and representations submitted are as follows. Corporation was formed on Date 1 in State. |
| 200010014(PDF, 32K) |
3/13/2000 |
| Issue: Whether Corporation can currently deduct facility fees paid on a quarterly basis pursuant to a revolving credit agreement, where Corporation has borrowed the full amount available under the agreement. |
| 200010013(PDF, 22K) |
3/13/2000 |
| Request several rulings on behalf of taxpayers concerning the application of § 2702 of the Internal Revenue Code. This letter is in response to your request. The represented facts are as follows: On date 1, Taxpayer and Spouse purchased an a acre tract of land. Taxpayer and Spouse built a house, garage and caretakers quarters on a. On date 2, Taxpayer and Spouse acquired a b acre tract of land adjacent a. |
| 200010012(PDF, 30K) |
3/13/2000 |
| Issue: Whether certain operations of a vegetable processing facility, which include the cleaning, cooking, freezing, and packaging of freshly harvested vegetables, constitute manufacturing within the meaning of Internal Revenue Code § 144(a)(12)(C). |
| 200010011(PDF, 24K) |
3/13/2000 |
| Issues: (1) Is the amount of the liability incurred by Trust 2 which was secured by the property in Trust 2 included in X's amount realized upon the termination of Trust 2 and the transfer of the assets and liabilities of Trust 2 to the remainder trusts? (2) If the Service rules adversely to X on Issue 1, will the Service grant X's request to apply this technical advice memorandum on a nonretroactive basis under § 7805(b)(8) of the Internal Revenue Code? |
| 200010010(PDF, 24K) |
3/13/2000 |
| Issues: (1) Is the amount of the liability incurred by Trust 2 which was secured by the property in Trust 2 included in X's amount realized upon the termination of Trust 2 and the transfer of the assets and liabilities of Trust 2 to the remainder trusts? (2) If the Service rules adversely to X on Issue 1, will the Service grant X's request to apply this technical advice memorandum on a nonretroactive basis under § 7805(b)(8) of the Internal Revenue Code? |
| 200010009(PDF, 63K) |
3/13/2000 |
| Issues:1. Whether Taxpayer's application of the last-in, first-out (LIFO), components of cost method clearly reflects income. (2) If not, what accounting method should the Service change Taxpayer to that clearly reflects income? |
| 200010008(PDF, 7.5K) |
3/13/2000 |
| 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, B, C, and D (Shareholders) are the shareholders of X. Shareholders represent that they intended X to be an S corporation beginning Year 1, its first taxable year. |
| 200010007(PDF, 17K) |
3/13/2000 |
| Requesting a ruling whether the exclusion from income for combat pay contained in � 112 of the Internal Revenue Code to applies to payments under the Ready Reserve Mobilization Income Insurance Program. FACTS: Taxpayer, a member of the Reserve Unit, was mobilized and reported for active duty in the armed forces on, serving in a public affairs unit in support of operations in the Qualified Hazardous Duty Area. |
| 200010006(PDF, 29K) |
3/13/2000 |
| Issue: Are distributions of Alaska Native Fund proceeds made by the taxpayer to its shareholders subject to information reporting under § 6042 of the Internal Revenue Code? |
| 200010005(PDF, 34K) |
3/13/2000 |
| Issue: Whether A's royalty expense deduction for royalties paid to authors under book contracts should be computed on the basis of sales less actual returns and a reasonable reserve for returns. |
| 200010004(PDF, 12K) |
3/13/2000 |
| Issue: Should the portion of XY's interest expense that is allocated to XY's accounts receivable and cash bank accounts be treated as investment interest expense subject to the limitation rules of § 163(d)? |
| 200010003(PDF, 42K) |
3/13/2000 |
| Issue: Whether so-called "convertible pure preferred stock" issued by Taxpayer in Year1 should be treated as "stock" of Taxpayer in determining whether, for purposes of Internal Revenue Code § 382(h)(8), 80 percent or more of the stock of Taxpayer was acquired as a result of a series of related transactions that included the issuance of the convertible pure preferred stock. |
| 200010002(PDF, 11K) |
3/13/2000 |
| Issue: May the Service reverse a timely but erroneous abatement of an assessment after the statute of limitation for assessment has expired? |
| 200010001(PDF, 47K) |
3/10/1999 |
| This letter responds to a letter dated February 21, 2000, submitted by your authorized representative on behalf of Corporation, requesting a ruling under � 1362(b)(5) of the Code that Corporation�s S corporation election be effective as of Date. |
