Chief Counsel's Written Determinations Issued from 200050000 to 200054999

Taxpayer-specific rulings or determinations are written memoranda furnished by the IRS National Office in response to requests by taxpayers under published annual guidelines. Technical advice memoranda are written memoranda furnished by the National Office of the IRS upon request of a district director or chief appeals officer pursuant to annual review procedures. Chief Counsel advice are written advice or instructions prepared by the Office of Chief Counsel and issued to field or service center employees of the IRS or Office of Chief Counsel.

It is important to note that pursuant to 26 USC § 6110(j)(3), such items cannot be used or cited as precedent.

200052046(PDF, 160K)	10/13/2001
This is in response to a ruling request concerning the pick up of certain employee contributions to Plan X under � 414(h)(Z) of the Internal Revenue Code.
200052045(PDF, 216K)	10/13/2001
Request for several letter rulings under � 408(d)[3) of the Internal Revenue Code.
200052044(PDF, 235K)	10/13/2001
Request for letter ruling submitted on your behalf by your authorized representative, as supplemented by correspondence dated m which you seek a ruling under � 401(a)(9) of the Internal Revenue Code.
200052043(PDF, 236K)	10/13/2001
This is in response to the request for letter ruling in which you seek a ruling under � 401(a)(9) of the Internal Revenue Code.
200052042(PDF, 226K)	10/13/2001
Request for letter ruling submitted on your behalf by your authorized representative, as supplemented by correspondence dated, in which you seek a ruling under � 401(a)(9) of the Internal Revenue Code.
200052041(PDF, 257K)	10/13/2001
Request several letter rulings under � 408(d)(3) of the Internal Revenue Code.
200052040(PDF, 219K)	10/13/2001
This is in response to the letter submitted on your behalf by your authorize representative, requesting several letter rulings under � 408 of the Internal Revenue Code.
200052039(PDF, 317K)	10/13/2001
This is in response to the letter in which you, through your authorized representative, request a series of letter rulings under � 72(t)(l) and 72(t)(2) of the Internal Revenue Code.
200052038(PDF, 495K)	10/13/2001
Certain rulings were requested with respect to the proposed transfer of all of the net assets of B to C and D.
200052037(PDF, 13K)	12/29/2000
Response to a letter dated June 2, 2000, requesting a ruling on behalf. of Trust. Trust has requested a ruling that a reduction in the permitted percentage of ownership of its outstanding stock for the reason described below will not cause Trust's stock to fail to be transferable shares as required by § 856(a)(2) of the Internal Revenue Code.
200052036(PDF, 16K)	12/29/2000
Responds to your letter dated February 10, 2000, requesting an extension of time, on behalf of above referenced corporation, under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Parent (
200052035(PDF, 9.3K)	12/29/2000
Responds to a letter dated March 20, 2000, and subsequent correspondence, submitted by you as Trust's authorized representative on behalf of Trust, requesting a ruling under § 664 of the Internal Revenue Code concerning the proposed modification of Trust.
200052034(PDF, 9.9K)	12/29/2000
Response to a letter dated May 9, 2000, as supplemented by a letter dated August 23, 2000, submitted by A's authorized representative 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.
200052033(PDF, 9.7K)	12/29/2000
Response to a letter dated May 9, 2000, as supplemented by a letter dated August 23, 2000, submitted by A's authorized representative 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.
200052032(PDF, 9.3K)	12/29/2000
Responds to a letter dated December 22, 1999, and subsequent correspondence written by X's authorized representative on behalf of X, requesting a ruling that X's rental income from Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200052031(PDF, 58K)	12/29/2000
Response to a letter dated December 30, 1999, and subsequent correspondence, submitted on behalf of Company requesting various rulings relating to Company's status as a real estate investment trust ("REIT") under � 856 of the Internal Revenue Code.
200052030(PDF, 10K)	12/29/2000
Response to A's letter dated requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's anticipated 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.
200052029(PDF, 9.7K)	12/29/2000
Response to your letter dated, 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.
200052028(PDF, 26K)	12/29/2000
Response to a letter dated March 24, 2000, and subsequent correspondence, submitted on behalf of the Company requesting various rulings relating to the Company's status as a real estate investment trust ("REIT") under � 856 of the Internal Revenue Code.
200052027(PDF, 12K)	12/29/2000
Responds to a letter received on Date 1 requesting a ruling that interest deductions relating to certain notes (described below) will not be disallowed under § 163(l) of the Internal Revenue Code.
200052026(PDF, 9.9K)	12/29/2000
Response to your letter, dated November 17, 1999, and subsequent correspondence, submitted on behalf of Trust, requesting a ruling that a contribution of X stock be ignored for federal tax purposes and not disqualify Trust as a charitable remainder unitrust under 664(d)(2) of the Code.
200052025(PDF, 13K)	12/29/2000
Reply to your letter dated May 23, 2000 requesting rulings under § 355 of the Internal Revenue Code (the "Code") and other Code sections, as to the federal income tax consequences of a proposed transaction.
200052024(PDF, 17K)	12/29/2000
Responds to your letter dated January 28, 2000, requesting rulings as to the federal income tax consequences of a proposed transaction. Additional information was received in letters dated June 30 and August 31, 2000.
200052023(PDF, 19K)	12/29/2000
Responds to your letter requesting rulings as to certain income tax consequences of a proposed transaction.
200052022(PDF, 13K)	12/29/2000
Responds to your letter dated September 20, 1999, and subsequent correspondence on behalf of Company, requesting rulings under §§ 1362(b)(5) and 1362(f) of the Internal Revenue Code.
200052021(PDF, 19K)	12/29/2000
Reply to your letter dated November 8, 1999, and subsequent submissions, requesting a ruling on behalf of Taxpayer.
200052020(PDF, 20K)	12/29/2000
Responds to your letter dated April 3, 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.
200052019(PDF, 26K)	12/29/2000
In accordance with � 8.07(2)(a) of Rev. Proc. 2000-1, 2000-1 I.R.B. 4, 33, this memorandum advises you that a taxpayer within your district has withdrawn its Form 3115, Application for Change in Accounting Method.
200052018(PDF, 16K)	12/29/2000
Responds to your letter dated February 10, 2000, requesting an extension of time, on behalf of Parent, under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election.
200052017(PDF, 19K)	12/29/2000
Issues: (1) Whether the notice requirements of � 6501(c)(4)(B) apply to an extension of the period of limitations under 6229(b)(1)(B) (applicable to an assessment of tax attributable to partnership items under the TEFRA rules). (2) Whether the Service can rely on the consents to extend the period of limitations obtained from Partnerships A and B if the Service did not comply with the notice requirements of � 6501(c)(4)(B).
200052016(PDF, 34K)	12/29/2000
Response to a letter dated December 30, 1999, requesting a ruling as to the federal income tax consequences of a transaction. Additional information was submitted in letters dated March 15, April 28, May 17, May 26 and May 30, 2000.
200052015(PDF, 33K)	12/29/2000
Reply to a letter dated December 15, 1999, regarding the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated February 16, May 3, May 24, and June 12, 2000.
200052014(PDF, 26K)	12/29/2000
Response to a request for a private letter ruling, dated August 6, 1999, which was submitted by your authorized representative and later supplemented by letters dated March 7, 2000, and May 2, 2000. Your request involves the applicability of � 409(l) and 1042(c)(1)(A) of the Internal Revenue Code to certain common stock.
200052013(PDF, 7.1K)	12/29/2000
Replies to your ruling request on behalf of the Authority concerning the use of average area purchase price limitations based upon more accurate and comprehensive data than that used to calculate the safe harbor limitations published in Rev. Proc. 94-55, 1994-2 C.B. 706.
200052012(PDF, 11K)	12/29/2000
Responds to your letter dated July 10, 2000, submitted on behalf of X, requesting a ruling under � 1362(f) of the Internal Revenue Code.
200052011(PDF, 7.3K)	12/29/2000
Response to a letter ruling request that you submitted on behalf of Company concerning liability for the excise tax imposed on the installation of trailer and truck accessories.
200052010(PDF, 43K)	12/29/2000
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 .
200052009(PDF, 16K)	12/29/2000
Response to your July 20, 2000 letter and prior correspondence in which you requested several rulings regarding the generation-skipping transfer tax consequences of a proposed modification of Trust A.
200052008(PDF, 26K)	12/29/2000
Issues: (1) Whether the consolidated group, of which X is the parent (the "X group"), may carry back any portion of its consolidated net operating loss ("CNOL") ten years as a specified liability ("SL") loss, for the tax year ending on Date 1, where X incurred SL expenses during the year and had positive separate taxable income for such year. (2) To what extent may the X group carry back a portion of its CNOL ten years as a SL loss, for the tax year ending on Date 2, where: (a) X incurred SL expenses during the year and had net negative separate income for such year, (b) Y, another member of the group, had net negative separate income, no portion of which was attributable to SL expenses, and (c) the sum of the net negative separate incomes of X and Y is greater than the CNOL of the X group.
200052007(PDF, 16K)	12/29/2000
Response to your July 20, 2000 letter and prior correspondence in which you requested several rulings regarding the generation-skipping transfer tax consequences of a proposed modification of Trust B.
200052006(PDF, 22K)	12/29/2000
Reference to your letter dated September 14, 2000, and prior correspondence requesting rulings regarding whether proposed disclaimers will constitute qualified disclaimers under § 2518 of the Internal Revenue Code, and whether the corpus of Trust passing to Foundation as a result of the disclaimers will qualify for an estate tax charitable deduction under § 2055.
200052005(PDF, 10K)	12/29/2000
Responds to a letter dated July 28, 2000, and subsequent correspondence submitted on behalf of A, requesting that A be given an extension of time under § 301.9100-3(a) of the Procedure and Administration Regulations to elect to be disregarded as an entity separate from its owner for federal tax purposes under § 301.7701-3(c) effective Date 1.
200052004(PDF, 20K)	12/29/2000
Issues: (1) Whether Taxpayer, who previously filed a Year 1 return claiming head of household filing status, may file a Year 1 return with his spouse electing joint filing status after the Taxpayer has filed a timely petition with the Tax Court with respect to a notice of deficiency issued for Year (1) (2) Whether the Commissioner is bound by erroneous advice given by a revenue agent regarding Taxpayer's ability to elect to joint filing status.
200052003(PDF, 64K)	12/29/2000
Issues: (1) Whether the consent, which was signed by the Individual A, an officer of Corp A, on Date D, 3 days after Corp A merged with and into LLC 1, is valid. (2) Who is the proper party to extend the statute of limitations with regard to a. Taxpayer 1 for its taxable Year 1 and short Year (2) b. Taxpayer 2 for taxable Years 1, 3, 4 and (5) (3) Should the Service seek transferee liability under Internal Revenue Code § 6901 against the transferee-successor.
200052002(PDF, 61K)	12/29/2000
Issue: Where US Company's sales of inventory property to related and unrelated non-United States customers took place in Taxable Years 1 and 2.
200052001(PDF, 53K)	12/29/2000
Issue: Whether Taxpayer entered into a contract for the construction or acquisition of System that was both written and binding on December 31, 1985, so that System qualified for the investment tax credit pursuant to the binding contract transitional rule in � 203(b)(1)(A) of the Tax Reform Act of 1986.
200051053(PDF, 401K)	10/13/2001
Request for a series of letter rulings under � 401(a)(9) of the � Code.
200051052(PDF, 229K)	10/13/2001
Ruling as to whether certain proposed distributions from an individual retirement account (IRA) owned by Taxpayer T are part of a series of substantially equal periodic payments and are therefore not subject to the 10 percent additional tax imposed under � 72(t) of the Internal Revenue Code (Code).
200051051(PDF, 195K)	10/13/2001
A ruling concerning distributions from a plan described in � 401(k) of the Internal Revenue Code.
200051050(PDF, 312K)	10/13/2001
This is in response to correspondence dated August 21, 1998, My 21. 1999, June 23, 1999, and July 19, 2000, in which your authorized representative requested a ruling on your behalf under � 414(e) of the Internal Revenue Code.
200051049(PDF, 308K)	10/13/2001
Requesting a series of rulings on your behalf regarding the tax consequences.
200051048(PDF, 205K)	10/13/2001
This letter is in response to a request for a private letter ruling dated D1 submitted on your behalf by your authorized representative, regarding the federal income tax treatment of certain contributions to 'Plan X' under � 414(h)(2) of the Internal Revenue Code.
200051047(PDF, 207K)	10/13/2001
A request for a private letter ruling dated X submitted on your behalf by your authorized representative, regarding the federal income tax treatment of certain contributions to Plan X under � 414(h) (2) of the Internal Revenue Code.
200051046(PDF, 216K)	10/13/2001
This is in response to your representative's letter requesting two rulings with respect to the Sale of a painting by the Club.
200051045(PDF, 273K)	10/13/2001
This letter is in response to your correspondence dated w as supplemented by additional correspondence dated m, and F submitted on your behalf by your authorized representative, requesting a private letter ruling under � 4980 of the Internal Revenue.
200051044(PDF, 18K)	12/26/2000
Issue: To what extent should the credit for state death taxes under § 2011 of the Internal Revenue Code be allowed where Estate, approximately two years prior to the decision in Hoffman v. Connell, 73 Cal. App. 4 th 1194, 87 Cal. Rptr. 2d 272 (1999), paid the entire California estate tax due and claimed a credit under § 2011 for that amount on the federal estate tax return?
200051043(PDF, 33K)	12/26/2000
Issue: When spouses owe both joint and separate liabilities and submit separate offers at the same time, should the Service require that the offers include a clause stating that the offers are submitted in conjunction with each other, and that failure to pay the entire amount of both offers will result in a default of both offers?
200051042(PDF, 22K)	12/26/2000
Issues: (1) Where the Service seeks to recover an erroneous refund by offsetting it against an overpayment of tax from a later tax year, may the offset be deemed to have occurred prior to the date the taxpayer files the return showing the overpayment? (2) Under the cInternal Revenue Codeumstances described below, may the Service reverse a valid offset made pursuant to � 6402(c) or 6402(d) of the Internal Revenue Code?
200051041(PDF, 11K)	12/26/2000
Responds to your inquiry dated July 12, 2000, regarding the tax treatment of the use by employees of employer-provided vehicles. In particular, you have asked whether the rules in Rev. Rul. 99-7, 1999-1 C.B. 361, apply when a law enforcement agency provides unmarked vehicles to its employees to perform law enforcement functions.
200051040(PDF, 20K)	12/26/2000
Issues: (1) Whether the statute of limitations bars assessment of a tax deficiency for a year in which the taxpayer fraudulently failed to file a return, but subsequently filed a nonfraudulent return. (2) Whether the statute of limitations bars assessment of the fraudulent failure to file penalty imposed under � 6651(f) more than three years after the taxpayer files a nonfraudulent return for the same tax year.
200051039(PDF, 26K)	12/26/2000
Responds to your request dated October 12, 2000, requesting our review of your draft memorandum to the Cleveland Insolvency Group containing recommended guidelines for applying tolling to bankruptcy cases filed in the Northern District of Ohio in light of the Sixth CInternal Revenue Codeuit's decision in Palmer v. United States, 219 F.3d 580 (6th Cir. 2000). Palmer held that priority periods are not tolled automatically during prior bankruptcy cases but are only tolled on a case-by-case basis pursuant to B.C. § 105(a).
200051038(PDF, 15K)	12/26/2000
Issues: (1) When is an installment agreement considered in effect for the purpose of a reduction in failure to pay penalty under Internal Revenue Code § 6651(h)? (2) What impact does the issuance of Letter 2975, Notice of Defaulted Installment Agreement under I.R.C. § 6159(b), or Notice CP-523, Defaulted Installment Agreement, Notice of Intent to Levy, have on the computation of failure to pay penalty under I.R.C. § 6651(h)? (3) When is an installment agreement considered no longer in effect for the purpose of computing the failure to pay penalty under � 6651?
200051037(PDF, 7.5K)	12/26/2000
Responds to a letter dated July 1, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200051036(PDF, 7.5K)	12/26/2000
Responds to a letter dated July 11, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200051035(PDF, 32K)	12/26/2000
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 .
200051034(PDF, 12K)	12/26/2000
Reply to your letter dated February 9, 2000, and subsequent correspondence, submitted on behalf of X requesting a ruling under § 1362(f) of the Internal Revenue Code.
200051033(PDF, 39K)	12/26/2000
Taxpayer is an independent power producer ("IPP") that was organized in Year 2 for purposes of developing, financing, constructing, and operating a q megawatt natural gas fired cogeneration facility ("facility") at City in State.
200051032(PDF, 18K)	12/26/2000
Responds to a letter dated December 16, 1999, submitted on behalf of Purchaser, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election.
200051031(PDF, 12K)	12/26/2000
Responds to a letter dated June 2, 2000, requesting a ruling pursuant to § 1504(a)(3)(B) of the Internal Revenue Code that the Secretary waive the general rule set forth in § 1504(a)(3)(A).
200051030(PDF, 7.3K)	12/26/2000
Responds to a letter, dated March 20, 2000, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200051029(PDF, 8.7K)	12/26/2000
Responds to a letter, dated August 9, 2000, written on behalf of X, requesting a ruling, under Treasury Regulation §§ 301.9100-1 and 301.9100-3, that X be granted an extension of time for making an election under Treas. Reg. § 301.7701-3(c) to be treated as an association taxable as a corporation for federal tax purposes.
200051028(PDF, 6.9K)	12/26/2000
Responds to a letter dated December 13, 1999, and subsequent correspondence, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200051027(PDF, 27K)	12/26/2000
Responds to a letter dated March 1, 2000, in which rulings are requested regarding certain federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated July 18 and August 8, 2000.
200051026(PDF, 10K)	12/26/2000
Responds to a submission on behalf of Partnership, dated March 22, 2000, and subsequent correspondences, seeking an extension of time to petition the District Director for X under prior § 1.755-1(a)(2) of the Income Tax Regulations to make an alternative basis allocation under § 743(b) of the Internal Revenue Code.
200051025(PDF, 10K)	12/26/2000
Partner purchased interests in Partnership. Partnership had a valid election under § 754 in effect that resulted in special basis adjustments under § 743(b) with respect to the purchased interest.
200051024(PDF, 7.9K)	12/26/2000
Responds to a letter dated May 3, 2000, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1. X intended to be treated as an S corporation for federal income tax purposes effective on D1, but the S election was not timely filed.
200051023(PDF, 8.1K)	12/26/2000
Responds to the ruling request dated July 21, 2000, that was submitted by your representative on behalf of X, and 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.
200051022(PDF, 8.0K)	12/26/2000
Responds to the ruling request dated June 27, 2000, that was submitted on behalf of X, and 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.
200051021(PDF, 8.9K)	12/26/2000
Responds to your March 9, 2000 request that we further supplement our letter ruling dated March 30, 1999 (PLR-121425-98) (the "Original Letter Ruling"), as supplemented by our letter rulings dated April 28, 1999 (PLR-107269-99), July 5, 2000 (PLR-102442-00), July 20, 2000 (PLR-102440-00), and August 2, 2000 (PLR-104655-00) (together, the "Prior Letter Rulings"). The Prior Letter Rulings address certain federal income tax consequences of the distributions by Distributing 2 of the stock of Controlled A and Controlled B and related transactions.
200051020(PDF, 9.5K)	12/26/2000
Responds to your submission dated December 23, 1999, and subsequent correspondence, requesting a ruling under § 301.9100-3 of the Procedure and Administration Regulations that Company be permitted to file a Form 8832 to change its classification pursuant to § 301.7701-3(c) effective for Date 2.
200051019(PDF, 20K)	12/26/2000
Responds to your representative's letter dated October 27, 1999, and subsequent correspondence, written on behalf of Partnership, requesting rulings under § 704(c) of the Internal Revenue Code.
200051018(PDF, 16K)	12/26/2000
Reply to a letter and subsequent correspondence submitted on behalf of Company by its authorized representative requesting rulings under � 162(m) of the Internal Revenue Code concerning whether certain adjustments to Company's stock options will cause them to fail to be performance-based compensation and whether they will be such compensation following the spin-off of Company.
200051017(PDF, 27K)	12/26/2000
Issue: How should Counsel resolve certain cases related to a common investment program where petitioners wish to enter into stipulated decisions consistent with earlier decisions in Tax Court test cases that concerned the same investment program?
200051016(PDF, 26K)	12/26/2000
Issue: Whether the valuation of a partners' pro rata share of partnership assets transferred pursuant to � 367(a)(4) requires a determination of partnership items in an administrative proceeding under Internal Revenue Code §§ 6221 through 6234.
200051015(PDF, 8.5K)	12/26/2000
Responds to your letter dated August 14, 2000, requesting a ruling on whether Taxpayer is required to create and furnish information returns under � 6041 and 6050E of the Internal Revenue Code in connection with payments made pursuant to a local real property tax rebate program authorized under state law.
200051014(PDF, 10K)	12/26/2000
Responds to your letter dated April 18, 2000, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code.
200051013(PDF, 7.2K)	12/26/2000
Responds to a letter dated April 20, 2000, and subsequent correspondence, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200051012(PDF, 9.5K)	12/26/2000
Responds to a letter dated March 20, 2000, and subsequent correspondence written by your authorized representative on behalf of X, requesting a ruling that X's rental income from the Properties is not passive investment income within the meaning of � 1362(d)(3)(C)(i) of the Internal Revenue Code.
200051011(PDF, 22K)	12/26/2000
Issues: (1) What effect does the sale of Sub's stock by Taxpayer outside Taxpayer's affiliated group have on the special loss discount account ("SLDA") maintained by Sub under Internal Revenue Code § 847(3), if a § 338(h)(10) election is in effect for the sale of Sub's stock? (2) What effect does the sale of Sub's stock by Taxpayer outside of Taxpayer's affiliated group have on special estimated tax payments ("SETPs") previously made by Sub, if a § 338(h)(10) election is in effect for the sale of Sub's stock?
200051010(PDF, 24K)	12/26/2000
Issues: (1) Whether the husband and wife's joint filing of an amended return (Form 1040X), subsequent to the husband's filing of a separate return reflecting married filing separate status, qualifies as a valid joint return election. (2) Whether the wife's execution of the amended return was under duress, thereby making the purported joint return invalid and relieving the wife of joint and several liability.
200051009(PDF, 33K)	12/26/2000
Issue: Whether the failure to pay a claimed refund for a prepetition tax period pending examination of the return for which the refund is claimed during a Chapter 13 case violates the automatic stay, B.C. § 362(a)?
200051008(PDF, 7.6K)	12/26/2000
Responds to your representative's letter dated July 13, 2000, submitted on behalf of X requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS: X began doing business 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.
200051007(PDF, 7.6K)	12/26/2000
Responds to your letter dated May 17, 2000, submitted on behalf of X requesting relief under � 1362(b)(5) of the Internal Revenue Code. FACTS: X began doing business 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.
200051006(PDF, 19K)	12/26/2000
Responds to your request of April 11, 2000 for rulings on certain federal income tax consequences of a proposed transaction.
200051005(PDF, 49K)	12/26/2000
Issues: (1) Whether the Internal Revenue Code § 6659 addition to tax for understatements attributable to valuation overstatements (Year 1 and Year 2) or the I.R.C. § 6662 accuracy-related penalty for substantial valuation misstatements (Year 3, Year 4, and Year 5) can be asserted against the individual partners of the partnerships. (2) Whether the increased interest rate for substantial understatements attributable to tax motivated transactions, due to a basis overstatement, under I.R.C. § 6621(c) can be applied to the individual partners' liabilities for Year 1 and Year 2.
200051004(PDF, 30K)	12/26/2000
The facts and representations submitted are summarized as follows: On a, Decedent created the Trust for the benefit of Decedent's lineal descendants. Decedent died testate in b, survived by Son 1, Son 2, and Daughter.
200051003(PDF, 9.3K)	12/26/2000
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, 1998-2 C.B. 29.
200051002(PDF, 38K)	12/26/2000
Issues: (1) Where the District Director, pursuant to authority provided under Treasury Regulation � 1.1502-77(a), has broken the common parent's agency authority to act for a member of the consolidated return group, are the tax returns to be filed by the receiver of that subsidiary member of the group separate returns or consolidated returns? (2) In view of the fact that the Service has broken the common parent's agency for a given consolidated return year with respect to a subsidiary member, should the Service then issue a refund for that consolidated return year directly to the subsidiary member? (3) Should the District Director, under the authority of Treas. Reg. � 1.1502-77(a), break agency between the common parent and one of its members, a subsidiary in receivership, with respect to the Year 1, Year 2 and Year 3 tax years, so that the receiver for the subsidiary can file amended returns for those years?
200051001(PDF, 32K)	12/26/2000
Issues: (1) Whether the Swap Agreements constitute a qualified hedge under § 1.148-4(h)(2) with respect to the Bonds? (2) Whether the actual amount of rebate payments with respect to the Bonds may be future valued for purposes of determining the amount of a rebate overpayment under § 1.148-3(i)(1)?
200050051(PDF, 397K)	10/13/2001
This letter is in reply to a request for a letter ruling, made on behalf of Plan X, concerning the pick up of certain employee contributions under its qualified retirement plan pursuant to � 414(h) (2) of the Internal Revenue Code .
200050050(PDF, 642K)	10/13/2001
This is in response to your letter dated March 22, 1999, as supplemented by correspondence dated October 4, 1999, May 30, July 12, July 20, August 11 and August 14, 2000, which was submitted by your authorized representative on your behalf, with respect to the applicability of � 403(b) (9) and 414(e) of the Internal Revenue Code to Plan X.
200050049(PDF, 195K)	10/13/2001
This is in response to your letter dated March 28,2000, as supplemented by additional correspondence dated June 8,2000, and July 24,2000, from your authorized representative, in which you request a private letter ruling from the Internal Revenue Service.
200050048(PDF, 494K)	10/13/2001
This is in response to your letter dated June 9, 2000, in which you requested certain rulings with respect to the proposed transfer of net assets from B to C and D.
200050047(PDF, 293K)	10/13/2001
This is in response to your request for rulings on whether management of "A" and "B's" assets by "D" would constitute an act of self dealing under � 4941 of the Internal Revenue Code. "A" and "B" are exempt from federal income tax under � 501 (c)(3) of the Code and have been classified as private foundations within the meaning of � 509(a). This letter modifies our letter of September 20, 2000.
200050046(PDF, 312K)	10/13/2001
This is in response to the letter, as supplemented by correspondence dated, in which you, through your authorized representative, request a series of letter rulings under � 72(t)(l) and 72(t)(2) of the Internal Revenue Code.
200050045(PDF, 7.5K)	12/17/2000
Replies to a letter dated March 10, 2000, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreement and certifications described in § 1.1503-2(g)(2) with respect to Affiliates #1 and #2 for the tax year ended on Date A.
200050044(PDF, 10K)	12/17/2000
Response to a letter from your power of attorney dated 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.
200050043(PDF, 10K)	12/17/2000
The Internal Revenue Service issue a number of rulings relating to the federal income tax consequences of a proposed transaction. Except for two requested rulings involving � 1363(d) of the Internal Revenue Code, the Service responded to this request by a ruling letter dated August 7, 2000. This ruling letter addresses the two remaining requests that involve � 1363(d).
200050042(PDF, 7.4K)	12/17/2000
Responds to a letter, dated February 21, 2000, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200050041(PDF, 20K)	12/17/2000
Response to your letter of December 23, 1999, in which rulings are requested on the application of the generation-skipping transfer tax and § 1001 of the Internal Revenue Code
200050040(PDF, 7.5K)	12/17/2000
Responds to a letter dated June 9, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200050039(PDF, 7.9K)	12/17/2000
Responds to a letter dated June 20, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200050038(PDF, 8.8K)	12/17/2000
Responds to a letter, dated July 25, 2000, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation status will be effective as of the taxable year beginning D1.
200050037(PDF, 19K)	12/17/2000
Response to your submission dated September 6, 2000, and prior correspondence in which you requested an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to sever a trust into two trusts under § 26.2654-1(b) of the Generation Skipping Transfer Tax Regulations and to make a reverse qualified terminable interest property (QTIP) election under § 2652(a)(3) of the Internal Revenue Code.
200050036(PDF, 6.5K)	12/17/2000
Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending, to a taxable year ending, effective. The taxpayer has requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations.
200050035(PDF, 11K)	12/17/2000
Responds to your letter dated February 25, 2000, and subsequent correspondence on behalf of X, requesting a ruling that the income X receives from the Properties will not be passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200050034(PDF, 17K)	12/17/2000
Reply to your request for rulings that (1) an allocation of bond proceeds may be disregarded, and (2) certain expenditures are not capital expenditures within the meaning of § 144(a)(4)(A) of the Internal Revenue Code.
200050033(PDF, 6.9K)	12/17/2000
Responds to a letter dated June 19, 2000, and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200050032(PDF, 10K)	12/17/2000
Reply to a letter dated December 28, 1999, and subsequent correspondence, submitted by your authorized representative requesting certain rulings regarding the formation of P1.
200050031(PDF, 10K)	12/17/2000
Response to your letter dated November 9, 1999, 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.
200050030(PDF, 14K)	12/17/2000
Response to the letter dated July 28, 2000, and prior correspondence, requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a reverse qualified terminable interest property (reverse QTIP) election under § 2652(a)(3) of the Internal Revenue Code and to sever a trust under § 26.2654-1(b) of the Generation-Skipping Transfer Tax (GSTT) Regulations.
200050029(PDF, 8.8K)	12/17/2000
Responds to a letter, dated August 13, 2000, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation status will be effective as of the taxable year beginning D1.
200050028(PDF, 12K)	12/17/2000
Responds to a letter dated April 24, 2000, and subsequent correspondence, submitted on behalf of X by X's authorized representative, requesting a ruling under § 1362(b)(5) and requesting that X be given an extension of time in which to elect to treat its subsidiary as a qualified subchapter S subsidiary (QSUB).
200050027(PDF, 11K)	12/17/2000
Response to your letter dated October 1, 1999, requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to make a qualified terminable interest property ("QTIP") election under § 2056(b)(7) of the Internal Revenue Code.
200050026(PDF, 18K)	12/17/2000
Response to your letter on behalf of the Issuer and Borrower requesting a private letter ruling that the use of Bond proceeds as described below will be an insubstantial deviation for purposes of the public notice and approval requirements set forth in § 147(f) of the Internal Revenue Code and § 5f.103-2 of the temporary Income Tax Regulations.
200050025(PDF, 7.6K)	12/17/2000
Responds to a letter dated May 1, 2000, and subsequent correspondence, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200050024(PDF, 7.9K)	12/17/2000
Responds to your request dated December 2, 1999, submitted on behalf of Taxpayer requesting an extension of time to make a retroactive election under §1.197-1T(c) of the Temporary Income Tax Regulations.
200050023(PDF, 27K)	12/17/2000
In accordance with � 8.07(2)(a) of Rev. Proc. 2000-1, 2000-1 I.R.B. 4, 33, this memorandum advises you that a taxpayer within your district has withdrawn one of the issues set forth in its Form 3115, Application for Change in Accounting Method. This document is not to be used or cited as precedent.
200050022(PDF, 9.0K)	12/17/2000
Responds to a letter, dated August 8, 2000, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation status will be effective as of the taxable year beginning D1.
200050021(PDF, 10K)	12/17/2000
Responds to a letter dated May 16, 2000, and subsequent correspondence, submitted by you on behalf of X, as the authorized representative of X, requesting a ruling that X's subchapter S election did not terminate on D3.
200050020(PDF, 12K)	12/17/2000
Responds to a letter from your authorized representative dated May 4, 2000, and received by the Internal Revenue Service on May 16, 2000, as well as subsequent correspondence, requesting a ruling that the rental income received by Company from the Properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200050019(PDF, 7.5K)	12/17/2000
Responds to a letter dated May 19, 2000, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200050018(PDF, 9.5K)	12/17/2000
Responds to your letter dated June 12, 2000, submitted on behalf of X requesting relief under � 1362(f) of the Internal Revenue Code.
200050017(PDF, 7.2K)	12/17/2000
Response to a letter dated March 31, 2000, requesting that we supplement our letter ruling dated October 15, 1998 (PLR-106109-98) (the "Prior Letter Ruling").
200050016(PDF, 20K)	12/17/2000
Responds to the letter from your authorized representative requesting rulings regarding the effect of the proposed judicial modification of the trust instrument for federal generation-skipping transfer tax purposes.
200050015(PDF, 12K)	12/17/2000
Responds to a letter submitted on your behalf dated January 18, 2000, and subsequent correspondence, requesting a ruling that Council is an Indian tribal government within the meaning of � 7701(a)(40) and 7871 of the Internal Revenue Code.
200050014(PDF, 18K)	12/17/2000
Issue: Whether a required payment under § 7519 is a tax for purposes of § 6511, which provides a period of limitation for a claim for credit or refund of an overpayment of any tax?
200050013(PDF, 32K)	12/17/2000
Issue: Whether reduction of taxes can be a valid business purpose for engaging in a transaction.
200050012(PDF, 8.0K)	12/17/2000
Responds to the ruling request dated August 23, 2000, that was submitted by your representative on behalf of X, and 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.
200050011(PDF, 8.1K)	12/17/2000
Responds to the letter dated August 1, 2000, submitted by your representative on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. FACTS: X was incorporated on D1, and intended to be treated as an S corporation for federal income tax purposes effective D1, but the S election was not timely filed.
200050010(PDF, 46K)	12/17/2000
Responds to your request for a ruling dated February 22, 2000, and subsequent correspondence, submitted by your authorized representative on behalf of the Master Trust, the Portfolios and the Feeder Funds (collectively, the "Taxpayers").
200050009(PDF, 9.9K)	12/17/2000
Response to a request for a private letter ruling filed on behalf of Taxpayer, concerning the application of � 453(d) of the Internal Revenue Code to the following set of facts.
200050008(PDF, 14K)	12/17/2000
Response to your letter dated October 4, 1999, as supplemented by letters dated March 20, 2000 and June 5, 2000, on behalf of the Authority requesting a ruling on the federal tax consequences of the Plan. The Authority intends that the Plan qualify as an eligible deferred compensation plan under § 457 of the Internal Revenue Code of 1986.
200050007(PDF, 8.5K)	12/17/2000
Responds to your letter, dated June 14, 2000, written on behalf of X, requesting a ruling 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,
200050006(PDF, 8.8K)	12/17/2000
Responds to a letter, dated July 28, 2000, written on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that X's S corporation status will be effective as of the taxable year beginning D1.
200050005(PDF, 31K)	12/17/2000
Issue: Whether in the years at issue Taxpayer may apply � 1341 of the Internal Revenue Code with respect to expenses for environmental remediation.
200050004(PDF, 15K)	12/17/2000
Requested rulings regarding your purchase of oil and gas properties.
200050003(PDF, 19K)	12/17/2000
Issues: In calculating the Indian Employment Credit under � 45A of the Code for an employer's taxable year: (1) How is the $20,000 limitation on qualified wages and qualified employee health insurance costs applied? (2) How are individuals who were qualified employees in the 1993 base year but not in the taxable year treated?
200050002(PDF, 45K)	12/17/2000
Issues: (1) Whether � 66(c) of the Code applies to relieve a former spouse (taxpayer wife) from liability for "community income" earned after the marriage is dissolved but before the final disposition of the income-producing community property (a partnership interest acquired while the parties were married). (2) Whether income from the partnership interest during the years at issue constitutes community property income under California community property law. (3) Whether the California divorce court order on Date 6 awarding the partnership interest to the taxpayer husband as his separate property is given retroactive effect for federal income tax purposes.
200050001(PDF, 105K)	12/17/2000
Issues: (1) Whether "supervisory goodwill" qualifies as "money or other property" for purposes of § 597 of the Code? (2) Whether Taxpayer properly established a tax basis in the book asset identified as supervisory goodwill? (3) Whether Taxpayer properly claimed a loss under § 165 of the Code for amounts attributable to supervisory goodwill?

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2000 Chief Counsel'sWritten Determinations

2000 Chief Counsel's
Written Determinations