Chief Counsel's Written Determinations Issued from 200135000 to 200139999

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.

200139032(PDF, 27K)	4/12/2002
This is in response to a letter from your authorized representative dated July 6, 2000. requesting a ruling concerning the status of Plan X under � 414(d) of the internal Revenue Code.
200139031(PDF, 14K)	10/3/2001
Issues: (1) Generally, who is entitled to refund of an overpayment belonging to an intestate decedent: (a) as between the administrator and a closest surviving relative other than a surviving spouse; (b) as between the administrator and a surviving spouse: (I) where the surviving spouse files a joint return with the decedent and the administrator does not disavow the return, or (II) where the surviving spouse does not file a joint return with the decedent? (2) Under the facts of your case, where the administrator failed to notify the Service of his appointment prior to the Service making the two refunds, was the Service justified in issuing the refunds to the girlfriend (on behalf of the decedent's children), are there defects in the girlfriend's filings, and can defects in the girlfriend's filings now be corrected to retroactively validate the refunds? (3) If the girlfriend (on behalf of the decedent's children) is the heir entitled to the estate, and no creditor has a claim on the estate, can the Service set off the refunds made to the girlfriend against the administrator's claim, viewing the administrator's claim as made on behalf of the heir?
200139030(PDF, 37K)	10/2/2001
This Chief Counsel Advice responds to your memorandum dated May 21, 2001. In accordance with Internal Revenue Code § 6110(k)(3), this Chief Counsel Advice should not be cited as precedent.
200139029(PDF, 48K)	10/1/2001
The Fifth CInternal Revenue Codeuit, deciding In re Luongo, 2001 U.S. App. LEXIS 15986 (5 th Cir. Jul. 18, 2001), held that a bankruptcy court had jurisdiction to resolve the debtor's right to a prepetition tax refund. The court also held that the Service permissibly set off the debtor's prepetition tax overpayment against her discharged prepetition debt, and that the debtor could not defeat setoff by exempting the overpayment under B.C. § 522.
200139028(PDF, 77K)	9/30/2001
Rulings were requested as to the federal income tax consequences of a proposed transaction.
200139027(PDF, 10K)	10/9/2001
This letter responds to a letter dated February 28, 2001 and subsequent correspondence submitted by you on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200139026(PDF, 27K)	10/9/2001
We respond to a letter from your authorized representative dated April 18, 2001, requesting a ruling supplementing and affirming the rulings granted in PLR-114099-99 ("Prior Letter Ruling") and PLR-124544-00 ("Prior Supplemental Ruling"); specifically, rulings under § 355 of the Internal Revenue Code (the "Code") and other Code sections, as to the federal income tax consequences of a transaction.
200139025(PDF, 37K)	9/5/2001
A filed the Form 3115 to request permission to change its method of computing depreciation for right-of-way easement costs for electric power lines from using the straight-line method and a useful life of 84 or 46 years under § 167 to using an accelerated depreciation method and the recovery periods for asset classes 49.12-49.15 of Rev. Proc. 87-56 (or Rev. Proc. 83-35) or no class life under § 168 of the Code.
200139024(PDF, 23K)	10/16/2001
This responds to a letter dated April 13, 2001, submitted on behalf of X, requesting a ruling under � 1362(f) of the Internal Revenue Code.
200139023(PDF, 26K)	10/15/2001
Taxpayer filed the Form 3115 to request permission to change its method of computing depreciation for street lighting equipment under Rev. Proc. 97-37, 1997-2 C. B. 55. Because this change was under an automatic consent revenue procedure, Taxpayer has already made this change.
200139022(PDF, 20K)	10/14/2001
Issues: (1) What is the character of income from the $A lump sum cash payment Corp A received from Corp B pursuant to the settlement agreement executed to resolve the X Process Action and the Y Process Actions. (2) What is the source of income from the $A lump sum cash payment Corp A received from Corp B pursuant to the terms of the settlement agreement executed to resolve the X Process Action and the Y Process Actions. (3) Whether Corp A used a reasonable method of allocating the lump sum cash payment between U.S. source income and foreign source income by relying on third party information regarding Corp B's sales of Equipment enabled to run Corp A's X Process.
200139021(PDF, 11K)	10/13/2001
This is in response to a letter from your authorized representative dated December 27, 2000, requesting a ruling that A's election to be treated as a resident of Country B under the provisions of the tax treaty between the United States and Country B will 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 May 31, 2001.
200139020(PDF, 28K)	10/12/2001
Requesting a ruling that Company A will be classified as an eligible entity under § 301.7701-3(a) of the Procedure and Administration Regulation.
200139019(PDF, 20K)	10/11/2001
This letter responds to your letter, dated January 18, 2001, and subsequent correspondence, submitted by you as X's authorized representative, requesting a ruling under § 1362(f) of the Internal Revenue Code.
200139018(PDF, 25K)	10/9/2001
Issue: Whether Internal Revenue Code § 6502(a)(1) overrides the plain wording of I.R.C. § 6501(b)(3), which provides that the Service's execution of a return under I.R.C. § 6020(b) shall not start the running of the period for assessment and collection?
200139017(PDF, 25K)	10/9/2001
This responds to the letter dated February 26, 2001, submitted on behalf of X, requesting a waiver of the 5-year waiting period imposed by § 1362(g) of the Internal Revenue Code for X to reelect subchapter S treatment under § 1362(a).
200139016(PDF, 24K)	10/8/2001
This letter responds to a letter dated February 1, 2001, and subsequent correspondence submitted by your authorized representative on behalf of X, requesting an extension of time under § 301.9100-3 of the Procedure and Administration regulations to file an election under § 301.7701-3.
200139015(PDF, 29K)	10/7/2001
This responds to your letter dated March 14, 2001, submitted on behalf of X, requesting relief under � 1362(b)(5) of the Internal Revenue Code.
200139014(PDF, 11K)	10/6/2001
Requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code.
200139013(PDF, 9.8K)	10/5/2001
This is in response to a letter ruling request you submitted on behalf of Taxpayer. Your request concerns Taxpayer's eligibility to claim refunds under § 6421(c) of the Internal Revenue Code of the excise tax on gasoline, Taxpayer's eligibility to use dyed diesel fuel without tax being imposed by § 4041 or penalty being imposed by § 6715, and Taxpayer's eligibility to provide a Certificate of State Use to an ultimate vendor of undyed diesel fuel (relating to claims for refund under § 6427).
200139012(PDF, 8.2K)	10/4/2001
This letter responds to your letter dated December 19, 2000, and subsequent correspondence submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200139011(PDF, 11K)	10/3/2001
This responds to your June 5, 2001 request that we supplement our letter ruling dated March 25, 1999 (PLR-121401-98). An earlier supplemental letter ruling (PLR-109988-99) was issued on June 28, 1999.
200139010(PDF, 11K)	10/2/2001
Issues: (1) May the Internal Revenue Service require that a taxpayer become current as to his estimated tax payments as a condition for reinstatement of a defaulted installment agreement? (2) May the Service require that a taxpayer enter into a direct deposit installment agreement as a condition for reinstatement of a defaulted installment agreement? (3) May the Service require that a taxpayer pay federal tax liabilities or make future tax payments by credit card as a condition for reinstatement of a defaulted installment agreement?
200139009(PDF, 11K)	10/1/2001
This letter responds to your May 16, 2001 request for rulings regarding certain federal income tax consequences of a proposed transaction.
200139008(PDF, 11K)	9/30/2001
Issues: (1) Whether USCorp properly accrued income and deducted expenses with respect to services rendered to its Country A subsidiaries during taxable years in which Country A's laws prohibited companies headquartered there from making payments for services to any person domiciled abroad. (2) Whether USCorp properly accrued and claimed direct foreign tax credits for Country A withholding taxes with respect to the service fee income accrued by USCorp. (3) Whether, for U.S. income tax purposes, USCorp properly characterized as satisfaction of service fee receivables a portion of a payment that was characterized under the laws of Country A as a dividend.
200139007(PDF, 14K)	9/30/2001
A ruling that § 149(d)(2) of the Internal Revenue Code does not preclude the exclusion from gross income under § 103(a) of interest on bonds issued to advance refund taxable private activity bonds.
200139006(PDF, 36K)	10/9/2001
This is in response to your authorized representative's letter dated March 5, 2001, requesting a ruling regarding a proposed transaction under §§ 336 and 337 of the Internal Revenue Code. Additional information was received subsequently by letter and facsimile.
200139005(PDF, 14K)	10/9/2001
Ruling on behalf of Clinic regarding whether the contract between Clinic and Billing will be classified as a partnership for federal income tax purposes and whether the fees paid by Clinic to Billing for billing and collection services will be deductible.
200139004(PDF, 19K)	10/9/2001
Requesting an extension of time to make a joint election pursuant to §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations.
200139003(PDF, 7.8K)	10/9/2001
Rulings dated November 29, 2000, submitted by your authorized representative requesting relief under 301.9100-3 of the Procedure and Administration Regulations to make the consent dividend election under § 565(a) of the Internal Revenue Code.
200139002(PDF, 13K)	10/9/2001
This letter responds to your authorized representative's letter dated January 9, 2001, in which rulings were requested as to certain federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated June 14, 2001.
200139001(PDF, 14K)	10/9/2001
This is in reply to a letter from your authorized representatives, dated March 2, 2000, requesting rulings on a proposed transaction.
200138031(PDF, 64K)	4/12/2002
This is in response to a letter dated July 7, 2000, as supplemented by additional correspondence dated March 7 and April 16, 2001, in which your authorized representative requested a private letter ruling on your behalf concerning issues arising under � 402 of the Internal Revenue Code .
200138030(PDF, 70K)	4/12/2002
This is in response to a letter dated July 7, 2000, as supplemented by additional correspondence dated March 8 and April 16, 2001, in which your authorized representative requested a private letter ruling on your behalf concerning issues arising under � 402 of the Internal Revenue Code .
200138029(PDF, 52K)	4/12/2002
This is in reply to your letter of February 9, 2001, as modified by your letter of May 16, 2001, concerning the proposed transfer by Y and Z of all of their assets to X pursuant to � 507(b)(2) of the internal Revenue Code.
200138028(PDF, 33K)	9/26/2001
This is in response to your letter dated June 19, 2000, in which you request rulings under � 707 and 2701 of the Internal Revenue Code with respect to the proposed family limited partnership.
200138027(PDF, 7.8K)	9/26/2001
Requesting that the Service grant Trust an extension of time to make an election under § 642(c)(1) for the Trust's taxable year ending D2.
200138026(PDF, 26K)	9/26/2001
Issue: When a public trustee forecloses a lien and sells property in Colorado, when is the date of the nonjudicial sale for purposes of calculating the time period in which the United States can redeem property pursuant to Internal Revenue Code § 7425(d)?
200138025(PDF, 15K)	9/26/2001
Requesting rulings on the federal income tax consequences of a proposed transaction.
200138024(PDF, 11K)	9/26/2001
This responds to your May 18, 2001 request that we supplement our letter ruling dated March 1, 2001 (PLR-118279-00) (the "Prior Letter Ruling").
200138023(PDF, 6.1K)	9/26/2001
This responds to a letter dated May 17, 2001, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200138022(PDF, 6.3K)	9/26/2001
This responds to a letter dated February 28, 2001, together with subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200138021(PDF, 5.6K)	9/26/2001
This responds to your letter dated March 21, 2001, submitted on behalf of X requesting relief under � 1362(b)(5) of the Internal Revenue Code.
200138020(PDF, 5.8K)	9/26/2001
This responds to your representative's letter dated February 13, 2001, submitted on behalf of X, requesting relief under � 1362(b)(5) of the Internal Revenue Code.
200138019(PDF, 5.7K)	9/26/2001
This responds to your letter dated March 12, 2001, submitted on behalf of X requesting relief under � 1362(b)(5) of the Internal Revenue Code.
200138018(PDF, 18K)	9/26/2001
This is in response to your June 6, 2001 letter and other correspondence requesting rulings under §§ 2522, 2033, 2035, 2036 and 2038 of the Internal Revenue Code.
200138017(PDF, 8.2K)	9/26/2001
Requesting an extension of time under § 301.9100-3 of the Procedure and Administration Regulations to file an election to treat Y as a qualified subchapter S subsidiary under § 1361(b)(3)(B) of the Internal Revenue Code.
200138016(PDF, 12K)	9/26/2001
Requesting a ruling under § 1362(f) of the Internal Revenue Code that the termination of Company's S corporation election was inadvertent.
200138015(PDF, 5.4K)	9/26/2001
This responds to your May 14, 2001 request that we supplement our letter ruling dated June 16, 1997 (PLR-253457-96) (the "Prior Letter Ruling"). An earlier supplemental letter ruling (PLR-116822-97) was issued on December 27, 1997.
200138014(PDF, 15K)	9/26/2001
This memorandum is to inform you of a potential issue that may arise in the examination of Taxpayer for the 2000 taxable year in which it revoked its election under § 831(b).
200138013(PDF, 13K)	9/26/2001
Requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election.
200138012(PDF, 8.8K)	9/26/2001
Requesting a ruling that Corp Y and its subsidiaries be permitted to change from the fair market value method of asset valuation to the tax book value method of asset valuation for purposes of apportioning interest expense, beginning with Date B, 2000.
200138011(PDF, 8.5K)	9/26/2001
This letter responds to a letter dated December 8, 2000, written on behalf of X, requesting a ruling that X be granted an extension of time in which to elect to treat its first tier subsidiaries, W and Y, and its second tier subsidiary, Z, as qualified subchapter S subsidiaries (Q Subs).
200138010(PDF, 16K)	9/26/2001
This responds to letters dated January 29 and April 24, 2001 in which Company requested certain rulings. The requested rulings are that: (1) the contracts under which Company provides coverage for motor vehicles against mechanical breakdown (beyond the coverage afforded by the manufacturer's warranties) qualify as insurance contracts, and (2) Company will be treated as an insurance company for federal income tax purposes in the year 2001.
200138009(PDF, 7.8K)	9/26/2001
This letter responds to a letter dated August 10, 2000, and subsequent correspondence, written on behalf of Company, requesting relief under § 1362(f) of the Internal Revenue Code for the inadvertent termination of Company's S corporation election.
200138008(PDF, 17K)	9/26/2001
This responds to your request of January 31, 2001, on behalf of City, concerning whether line of duty disability benefits paid to disabled participants in the Plan (or to the survivor or survivors of deceased participants) are excludable from the gross income.
200138007(PDF, 15K)	9/26/2001
Issue: Are housing assistance payments made to certain individuals under the Act includible in the recipients' gross income?
200138006(PDF, 33K)	9/26/2001
You requested rulings concerning the income tax, gift tax, estate tax, and generation-skipping transfer tax consequences of a payment under a proposed settlement agreement.
200138005(PDF, 24K)	9/26/2001
Issue: In the application of §1.337(d)-2(c) of the Income Tax Regulations, is any of Taxpayer's claimed loss attributable to the recognition of built-in gain on asset dispositions?
200138004(PDF, 26K)	9/26/2001
Request for rulings on the federal income tax consequences of a proposed and partially consummated series of transactions concerning � 355 of the Internal Revenue Code.
200138001(PDF, 16K)	9/26/2001
Issues: (1) Whether the Service may retain additional levied funds under � 6342(b)? (2) If the Service refunds the additional levied funds, what "look back" period under � 6511(b) applies? (3) Whether the Service may apply the additional levied funds under � 6402(a) to tax years for which no returns have been filed?
200137068(PDF, 37K)	4/12/2002
This is in response to a request for a private letter ruling submitted on behalf of Employer M on January 4, 2001 and supplemented by additional correspondence submitted on May 21, 2001 concerning the federal income tax treatment of certain contributions to Plan N under � 414(h)(2) of the Internal Revenue Code .
200137067(PDF, 26K)	4/12/2002
This letter constitutes notice that with respect to the above-named defined benefit pension plan we have granted a conditional waiver of the minimum funding standard for the plan year ending December 31, 2000. We have also modified our prior ruling letter dated March 15, 2000.
200137066(PDF, 38K)	4/12/2002
This is in reply to the ruling request made by your authorized representative with respect to the income tax consequences under � 419, 419A, and 512 of the Internal Revenue Code of 1986, as amended (the "Code"), of the A Fund's coverage of certain non-collectively bargained employees as a result of the merger (the "Merger") of the A Fund and the G Fund.
200137065(PDF, 40K)	4/12/2002
This is in response to the request for letter ruling, submitted on your behalf by your authorized representative, in which you request several letter rulings under � 162, 401 (a)(4), 402, 404, 415. and 4972 of the Internal Revenue Code.
200137064(PDF, 30K)	4/12/2002
This is in response to your request for a ruling, dated August 27, 1998, supplemented by letters dated December 3, 1998. and February 9, 1999, submitted by your authorized representative concerning proposed contributions to Plan X and Plan Y ("the Plans"), under � 401 (a)(4), 401 (m), 404, 415, 4972 and 4979 of the Internal Revenue Code ("the Code"). Your authorized representative submitted the following facts and representations in support of the requested ruling.
200137063(PDF, 65K)	4/12/2002
This is in reply to the letter of May 10, 2000, regarding the proposed transfer of all of M's assets to N.
200137062(PDF, 46K)	4/12/2002
This is in reply to your request for a ruling on the proper treatment of your income under � 512(a)(3)(B) of the Internal Revenue Code and � 512(a)(3)(E) of the Code by reason of your status as a separate welfare benefit fund established under a collective bargaining agreement.
200137061(PDF, 245K)	4/12/2002
This is in response to a letter dated June 6, 2001, and previous correspondence from M's authorized representatives for a ruling that M is a "qualified organization" within the meaning of � 514(c)(9)(C) of the Internal Revenue Code.
200137060(PDF, 72K)	4/12/2002
We have considered your ruling request dated June 14, 2000, on P's proposed transfer of all of its assets to R, S, T, U, and V pursuant to � 507(b)(2) of the internal Revenue Code.
200137059(PDF, 22K)	10/9/2001
Issues: (1) Do Partnership's special allocations of tax items have substantial economic effect so that they may be respected under § 704(b)? (2) If the special allocations do not have substantial economic effect, how should Partnership's tax items be re-allocated? (3) May there be a re-allocation of Partnership's tax items pursuant to § 482?
200137058(PDF, 8.3K)	10/9/2001
This letter responds to the request of Taxpayer, dated December 29, 2000, for a revised schedule of ruling amounts in accordance with � 1.468A-3(i) of the Income Tax Regulations.
200137057(PDF, 25K)	10/9/2001
This letter responds to the request of Taxpayer, dated December 29, 2000, for a revised schedule of ruling amounts in accordance with � 1.468A-3(i) of the Income Tax Regulations.
200137056(PDF, 19K)	10/9/2001
This letter responds to the request of Taxpayer, dated December 29, 2000, for a revised schedule of ruling amounts in accordance with � 1.468A-3(i) of the Income Tax Regulations.
200137055(PDF, 21K)	10/9/2001
This letter responds to the request of Taxpayer, dated December 29, 2000, for a revised schedule of ruling amounts in accordance with � 1.468A-3(i) of the Income Tax Regulations.
200137054(PDF, 15K)	9/5/2001
This responds to a letter dated March 6, 2001, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file a statement of allowed loss under § 1.1502-20(c)(3) of the Income Tax Regulations.
200137053(PDF, 14K)	10/16/2001
Issue: Whether, under the cInternal Revenue Codeumstances described below, a Faxed copy of a taxpayer's signature is an acceptable signature for purposes of � 6061 and 6065 of the Internal Revenue Code.
200137052(PDF, 37K)	10/15/2001
Issue: Whether the Postal Forms 3877 under the proposed procedure will be accepted as valid by a federal court.
200137051(PDF, 48K)	10/14/2001
Issue: Whether the Internal Revenue Service is prohibited from issuing a refund under the offset bypass procedures when the liability to which the overpayment would otherwise be applied is a nonrebate erroneous refund.
200137050(PDF, 77K)	10/13/2001
In the memorandum, you requested that we review a Utility ISP technical assistance paper on personal communication service (PCS) licenses that you plan to distribute to examiners in the field.
200137049(PDF, 10K)	10/12/2001
Issue: Whether the Internal Revenue Service has the authority to bypass the other outstanding federal debt in this case and refund the overpayment directly to the taxpayer.
200137047(PDF, 27K)	10/11/2001
The issue presented in the nondocketed significant advice review was whether the financing contingency contained in the taxpayer's stock purchase agreement prevent that agreement from constituting a "binding contract" as of the relevant effective date of � 197 of August 10, 1993, where the financing was not finalized until after that date.
200137046(PDF, 37K)	10/9/2001
Issues: (1) Should an employment tax assessment made in the name and EIN of a single member limited liability company be changed to reflect the name of the company's sole owner? Alternatively, should a new employment tax assessment be made against the company's sole owner, and if so, is the company's sole owner required to have an EIN? (2) What procedures should the Service use to avoid making an assessment of employment taxes in the name and EIN of a single member limited liability company when the single member limited liability company is a disregarded entity?
200137045(PDF, 23K)	10/9/2001
We have reviewed the closing agreement that was prepared by taxpayer's counsel and that you forwarded to our office on May 9, 2001.
200137044(PDF, 19K)	9/18/2001
Low Income Housing Credit: Clarification of § 42(l)(1), Certification With Respect to 1st Year of Credit Period.
200137043(PDF, 26K)	10/8/2001
Requesting a ruling under � 877(c) of the Internal Revenue Code 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.
200137042(PDF, 20K)	10/7/2001
This letter responds to your January 12, 2001 request for rulings on certain federal income tax consequences of a proposed transaction.
200137041(PDF, 11K)	10/6/2001
This is in response to your authorized representative's letter and submissions of February 20, 2001, in which she requested on your behalf rulings under � 117(d) of the Internal Revenue Code of 1986 regarding the proper federal income tax treatment of certain tuition reduction benefits provided by you, X, (sometimes referred to herein as the Taxpayer or the University) under the University's tuition fee waiver plan (the "Plan").
200137040(PDF, 28K)	10/5/2001
This letter responds to your letter dated July 28, 2000, and subsequent correspondence written on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code.
200137039(PDF, 20K)	10/4/2001
Issue: Whether the value of income tax return preparation services provided to expatriate employees is excludable from the employees' gross incomes. (2) If the value of the income tax return preparation services is not excludable from gross income, whether this amount is wages for employment tax purposes.
200137038(PDF, 25K)	10/3/2001
Responds to your request dated August 22, 2000, for a private letter ruling concerning whether a corporate partner of a limited liability company classified as a partnership for federal income tax purposes is entitled to a 100% dividends-received deduction under � 245(c)(1)(A) of the Internal Revenue Code for the partner's distributive share of dividend income from earnings and profits of a foreign sales corporation (FSC) that are attributable to the FSC's foreign trade income.
200137037(PDF, 25K)	10/2/2001
Response to your February 12, 2001 request for rulings on certain federal income tax consequences of a proposed (and partially consummated) transaction.
200137036(PDF, 24K)	10/1/2001
Response to your February 12, 2001 request for rulings on certain federal income tax consequences of a proposed (and partially consummated) transaction.
200137035(PDF, 29K)	9/30/2001
Purchaser and Sellers 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)-1T(c) of the Income Tax Regulations with respect to Purchaser's Date A acquisition of the stock of Target (sometimes hereinafter referred to as the "Election").
200137034(PDF, 11K)	9/30/2001
This letter responds to your letter dated February 16, 2001, submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code regarding Company's late S corporation election. Company represents the following facts.
200137033(PDF, 13K)	9/29/2001
Issues: (1) Whether taxpayers, a married couple filing jointly, are entitled to claim mortgage interest deductions for a principal residence and one other residence for a time period during which they lived in a third residence provided to them by organization. (2) What is the amount of the mortgage interest deduction(s), if any, to which taxpayers are entitled?
200137032(PDF, 4.3K)	9/29/2001
Taxpayer is requesting a ruling that Taxpayer shall not recognize any gain or loss from the exchange of such interests.
200137031(PDF, 25K)	9/29/2001
This responds to your letter dated February 7, 2001, requesting a ruling on whether settlement proceeds from Taxpayer W's claim against an estate are excludible from gross income under � 102(a) of the Internal Revenue Code.
200137030(PDF, 11K)	9/29/2001
This is in response to your representative's letter of Date B, 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.
200137029(PDF, 18K)	9/29/2001
This is in response to your letter dated B, as 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 will not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code.
200137028(PDF, 7.3K)	9/29/2001
In your memorandum, you ask if the vacant unit rule in § 1.42-5(c)(ix) of the Income Tax Regulations can be applied on a building-by-building basis, rather than on a project basis. Also, you inquire about the definition of "reasonable attempts" made to rent a vacant low-income unit. Lastly, you ask whether the qualification under the available unit rule in § 42(g)(2)(D)(ii) that a unit is not available for rent when subject to a reservation that is binding under local law can be applied to the vacant unit rule.
200137027(PDF, 8.1K)	9/29/2001
Requesting that X be given an extension of time in which to elect to treat its subsidiaries as qualified subchapter S subsidiaries (QSubs) under � 1361(b)(3) of the Internal Revenue Code.
200137026(PDF, 8.3K)	9/29/2001
This memorandum expresses our concerns about the proposed classification of certain assets as 5-year property in the proposed closing agreement with B. The proposed agreement provides for the classification of certain assets placed in service by B from C.
200137025(PDF, 7.9K)	9/29/2001
This replies to a letter dated September 14, 2000, in which Taxpayer requests an extension of time under Treasury Regulation § 301.9100-3 to file the agreement provided under § 1.1503-2(g)(2)(i) as required by § 1.1503-2(g)(2)(iv)(B)(2)(iii) for the tax years ended on Date A, B and C; to file the agreement provided under § 1.1503-2(g)(2)(i) for the tax year ended on Date D; and to file the annual certification required under § 1.1503-2(g)(2)(vi) for the tax year ended on Date D.
200137024(PDF, 22K)	9/29/2001
This letter responds to a letter dated q, requesting an extension of time pursuant to � 301.9100-3 of the Procedure and Administration Regulations for Taxpayer to file an application for certification of historic status with the Department of Interior.
200137023(PDF, 15K)	9/29/2001
Issue: Is the Certificate issued by the Agency to the Taxpayer for the Product a � 197 intangible? If so, what, if any, of the Taxpayer's identified costs may be amortized under � 197(a)?
200137022(PDF, 7.3K)	9/29/2001
Requesting a ruling concerning the estate and gift tax consequences of proposed severance of the Marital Trust and Spouse's proposed renunciation of her interest in the severed trust under §§ 2207A, 2519, and 2702 of the Internal Revenue Code.
200137021(PDF, 7.3K)	9/29/2001
Issue: The taxpayer was found to be a responsible person and assessed a trust fund recovery penalty ("TFRP") under � 6672 of the Code. The taxpayer made several payments in partial satisfaction of the assessed liability. Subsequently, within two years of the last payment, the taxpayer filed a timely claim for refund asserting that she was not a responsible person within the meaning of � 6672. Upon consideration, the Service agreed that the taxpayer was not a responsible person and, thus, that she was not liable for the assessed TFRP. May the Service refund to the taxpayer the full amount paid by the taxpayer toward the TFRP, or is the amount of the refund limited by � 6511(b)(2) of the Code?
200137020(PDF, 9.3K)	9/29/2001
We have been asked to rule that the rental income to be 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.
200137019(PDF, 35K)	9/29/2001
Requesting rulings as to the federal income tax consequences of a proposed and partially consummated series of transactions.
200137018(PDF, 7.6K)	9/29/2001
Where a husband and wife compromise a joint and several income tax liability, does violation of the future compliance provisions of the compromise agreement by one spouse affect the other spouse's right to the continued benefits of the compromise agreement?
200137017(PDF, 7.4K)	9/29/2001
This responds to a letter dated March 16, 2001, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200137016(PDF, 9.8K)	9/29/2001
Issue: Are dividends paid by corporation X, on stock held by its employee stock ownership plan (ESOP), which would otherwise be deductible by X under � 404(k), subject to capitalization under � 263A.
200137015(PDF, 8.2K)	9/29/2001
This responds to your letter dated January 5, 2001, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200137014(PDF, 11K)	9/29/2001
This letter responds to your letter dated February 6, 2001, submitted on behalf of Taxpayer, requesting a letter ruling under §§ 197 and 1253 of the Internal Revenue Code.
200137013(PDF, 11K)	9/29/2001
This letter responds to your letter dated February 6, 2001, submitted on behalf of Taxpayer, requesting a letter ruling under §§ 197 and 1235 of the Internal Revenue Code.
200137012(PDF, 11K)	9/29/2001
Requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations for Parent and Sub to file two elections.
200137011(PDF, 11K)	9/29/2001
Request for rulings regarding certain federal income tax consequences of a proposed transaction.
200137010(PDF, 14K)	9/29/2001
Issue: Validity of an assessment made during a bankruptcy case where statutory notice of deficiency was previously issued during the same bankruptcy case.
200137009(PDF, 36K)	9/29/2001
This is in 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 December 13,2001.
200137008(PDF, 14K)	9/29/2001
Requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending December 31, to a taxable year ending August 31, effective August 31, 2000.
200137007(PDF, 19K)	9/29/2001
The taxpayer has requested that the Form 1128 be considered timely filed under the authority contained in §301.9100-3 of the Procedure and Administration Regulations.
200137006(PDF, 7.8K)	9/29/2001
Issues: (1) How may a student receiving a TOPS award treat that award under §§ 25A and 117 of the Code? (2) What are the tax consequences to a student who delays receiving a TOPS award until after he (or his parent or guardian) files his income tax return?
200137005(PDF, 13K)	9/29/2001
Issue: Whether back-to-back loan transactions involving intermediary controlled foreign corporations (CFCs) should be respected in determining the amount of earnings invested in United States property under � 956(a) of the Code?
200137004(PDF, 14K)	9/29/2001
Issue: Whether the definition of empowerment zone facility bonds in § 1394(f)(3), as amended, defines the new empowerment zone facility bonds referred to in §§ 1394(f)(1) and 1394(f)(2).
200137003(PDF, 22K)	9/29/2001
Issues: (1) Whether an exchange of property between X and Y qualifies for nonrecognition treatment under I.RC. § 1031. (2) Whether the subsequent disposition of the property by Y triggers gain to X under Internal Revenue Code § 1031(f).
200137002(PDF, 8.3K)	9/7/2001
Issue: Whether Corp B is entitled to deduct, as part of travel expenses for Mr. X, payments to Corp A measured by the cost of travel by private charter or should the deductions be limited to the cost of first class travel.
200137001(PDF, 25K)	9/7/2001
Issue: When an in-business taxpayer submits an offer, and the processability rules pertaining to deposit, payment, and filing of employment taxes for the previous two quarters, change before the offer is accepted for processing, may the taxpayer compel the Service to apply the former processability rules? If not, may the Service exercise its discretion to process the offer?
200136031(PDF, 49K)	4/12/2002
This is in response to the letter submitted on your behalf by your authorized representative in which you request several letter rulings under � 408(d) (3) of the Internal Revenue Code.
200136030(PDF, 53K)	4/12/2002
This is in response to the letter submitted on your behalf by your authorized representative in which you, through your authorized representative, request several letter rulings under � 408(d) (3) of the Internal Revenue Code.
200136029(PDF, 46K)	4/12/2002
This is in response to a letter of September 13, 2000, requesting three rulings on behalf of the Foundation with respect to the use of certain assets.
200136028(PDF, 33K)	4/12/2002
This is in reply to your letter of November 30, 2000, concerning your proposed termination and the transfer of your remaining assets to X.
200136027(PDF, 41K)	4/12/2002
This is in response to a letter dated April 18, 2000, as supplemented by additional correspondence dated December 1, 2000, and January 8, 2001, in which your authorized representative requested rulings on your behalf under � 414(e) of the Internal Revenue Code. You submitted the following facts and representations in support of your request.
200136026(PDF, 61K)	4/12/2002
This is in reply to L's letter of October 10, 2000, and supplemented April 30, 2001, and May 9, 2001, concerning L's proposed investment in M. In particular, L has requested that this investment be treated as a program related investment as that term is defined in � 4944(c) of the Internal Revenue Code and that the investment not be considered a taxable expenditure within the meaning of � 4945 of the Code.
200136025(PDF, 41K)	4/12/2002
Issues: (1) That receipt and continued ownership of the x% perpetual royalty interest granted by N. a limited partnership, and the receipt of the related royalty payments will not result in unrelated business taxable income to M; (2) that receipt and continued ownership of the x% perpetual royalty interest granted by N will not result in excess business holdings to M; and (3) that receipt and continued ownership of the x% perpetual royally interest granted by N and the receipt of the related royalty payments will not jeopardize the status of M as a tax exempt private foundation, under � 501(c)(3) and 509(a) of the Internal Revenue Code, respectively.
200136024(PDF, 34K)	4/12/2002
This is in reply to your request for a ruling dated November 18, 1999, regarding certain federal income tax consequences of the proposed transaction under � 415 of the internal Revenue Code of 1986, as amended. A letter dated May 9, 2000 supplemented the request.
200136023(PDF, 19K)	9/7/2001
This responds to your authorized representative's letter, dated November 10, 2000, requesting rulings as to the federal income tax consequences of a proposed transaction.
200136022(PDF, 21K)	9/7/2001
This responds to your authorized representative's letter, dated November 10, 2000, requesting rulings as to the federal income tax consequences of a proposed transaction.
200136021(PDF, 15K)	9/7/2001
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.
200136020(PDF, 14K)	9/7/2001
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.
200136019(PDF, 37K)	9/7/2001
This is in response to your letter dated January 24, 2001, in which you request a ruling on whether services performed by employees working on board a cruising vessel are considered employment as defined in � 3121(b)(4) and 3306(c)(4) of the Internal Revenue Code for purposes of the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA), respectively.
200136018(PDF, 48K)	9/7/2001
This responds to a letter from your authorized representative, dated February 28, 2001, 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 Subs 1-5 (collectively referred to as "Subs") 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 Date 1.
200136017(PDF, 77K)	9/7/2001
A ruling on behalf of Company that its S election under § 1362(a) of the Internal Revenue Code with an accompanying election under § 444 to have a fiscal year end will be treated as timely made under § 1362(b)(5).
200136016(PDF, 10K)	9/7/2001
A ruling under § 1362(f) of the Internal Revenue Code.
200136015(PDF, 27K)	9/7/2001
A ruling under § 1362(b)(5) of the Internal Revenue Code.
200136014(PDF, 37K)	9/7/2001
This letter responds to a letter, dated April 18, 2001, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200136013(PDF, 23K)	9/7/2001
Rulings dated March 28, 2001 in which rulings are requested on the federal income tax consequences of a proposed transaction.
200136012(PDF, 26K)	9/7/2001
Rulings dated March 28, 2001 in which rulings are requested on the federal income tax consequences of a proposed transaction.
200136011(PDF, 20K)	9/7/2001
This is in reply to a letter dated January 22, 2001, requesting a ruling that Authority is an integral part of State.
200136010(PDF, 11K)	9/7/2001
Issues: Whether certain costs incurred in connection with (a) the acquisition of credit card receivables, (b) the conversion of acquired account records to the Taxpayer's computer system, (c) the exchange of acquired credit card receivables for certificates in a trust, and (d) the subsequent sale of certificates to investors are required to be capitalized under § 263 of the Internal Revenue Code?
200136009(PDF, 28K)	9/7/2001
Your memorandum referred to Chief Counsel Notice 2001-16 (Intermediary Transactions Tax Shelter) dated January 19, 2001, which Associate Chief Counsel (Corporate) has now supplemented with Chief Counsel Notice 2001-23 (Intermediary Transaction Tax Shelter) on April 26, 2001.
200136008(PDF, 20K)	9/7/2001
Issues: 1) Whether Taxpayer must include in income under the tax benefit rule supplier refunds it receives from pipeline gas suppliers. (2) Whether assertion of the tax benefit rule would constitute a "new matter" under Tax Court Rule 142, shifting the burden of proof on this issue to the Service.
200136007(PDF, 25K)	9/7/2001
Withdrawal of application for change in method of accounting.
200136006(PDF, 25K)	9/7/2001
Issue: Whether B, the surviving corporation of a merger of A and B, may be held responsible as a transferee for the tax liabilities of A, which ceased to exist as a separate corporation upon the merger.
200136005(PDF, 24K)	9/7/2001
Issue: Under what cInternal Revenue Codeumstances, if any, a taxpayer's designation of a remittance as a payment of tax is to be respected when such remittance is made prior to the issuance of a revenue agent's or examiner's report.
200136004(PDF, 29K)	9/7/2001
Issue: Is the trustee of a Chapter 7 bankruptcy estate entitled to deduct expenses of administering the estate "above the line," as a deduction from gross income pursuant to Internal Revenue Code § 67(e), or is he or she limited to deducting the expenses as an itemized deduction subject to the two-percent "floor" imposed on miscellaneous deductions pursuant to I.R.C. § 67(a)?
200136003(PDF, 11K)	9/7/2001
This is in reply to your letter dated September 8, 2000 and subsequent correspondence and representations on behalf of New Parent. New Parent has requested a ruling on the federal income tax consequences under � 83 of the Internal Revenue Code with respect to the exercise of stock options by certain employees of Subsidiary.
200136002(PDF, 469K)	10/2/2000
Issue: May a deduction attributable to a liability to refund insurance premiums generate a specified liability loss within the meaning of � 172(f)(1)(B)1?
200136001(PDF, 233K)	10/2/2001
Issue: Whether an Internal Revenue Code § 301(c)(1) stock dividend distributed by Old Parent to New Parent, under the facts described, is eliminated under Treasury Regulation § 1.1502-14(a)(1)?
200135049(PDF, 94K)	4/12/2002
This is in response to a ruling request submitted by your authorized representative dated September 8, 2000, as supplemented by correspondence dated November 28, 2000, January 25, March 26, and April 30, 2001 with respect to the federal income tax treatment of certain contributions to Plan X under � 414(h)(2) of the Internal Revenue Code.
200135048(PDF, 16K)	4/12/2002
This letter constitutes notice that, with respect to the above-named defined benefit pension plan, your request for a waiver of the minimum funding standard for the plan year ending October 31,1998, (the "1997 plan year") (along with unspecified waivers/abatements of applicable excise taxes and penalties for the accumulated funding deficiencies for the 1993 through 1996 plan years) has been denied.
200135047(PDF, 34K)	4/12/2002
We have considered B's ruling request dated October 2, 2000, along with supplemental correspondence, concerning the application of � 4941 of the Internal Revenue Code to B's proposed payment of trustee fees.
200135046(PDF, 24K)	4/12/2002
This is in reference to your letter of May 9, 2001, requesting advance approval of your grant procedures under � 4945(g) of the Internal Revenue Code.
200135045(PDF, 50K)	4/12/2002
This is in response to your ruling request dated October 28, 1998, submitted by your authorized representative regarding the treatment of ministers' housing allowances as "compensation" for purposes of determining the limits under � 415 of the Internal Revenue Code on contributions to Plan X. Letters dated April 19, 1999. and August 3, 1999, supplemented the request.
200135044(PDF, 24K)	4/12/2002
This is in response to your request for a ruling, dated August 18, 1998, and supplemented by additional correspondence dated January 11, 1999. May 17, 2000, June 27, 2000 and December 6, 2000, submitted by your authorized representative. The request concerns the federal excise tax consequences of certain dispositions by an employee stock ownership plan under � 4978 of the Internal Revenue Code . The following facts and representations have been submitted by your authorized representative.
200135043(PDF, 43K)	4/12/2002
This is in response to your request for a private letter ruling submitted on July 7, 1999, supplemented by letters dated March 8, 2000, June 16, 2000, July 25, 2000, and October 2, 2000, concerning whether the status of Plan X as a governmental plan under � 414(d) of the Internal Revenue Code will be adversely affected by covering employees of certain volunteer fire departments. You also request a ruling on whether � 414(h) (2) of the Code will continue to apply to Plan X with respect to the mandatory employee contributions that the fire department employees are required to make to Plan X.
200135042(PDF, 24K)	4/12/2002
This letter constitutes notice that with respect for the above-named defined benefit pension plan we have granted a waiver of the minimum funding standard for the plan year ending September 30, 2000.
200135041(PDF, 11K)	8/31/2001
This responds to your letter dated February 13, 2001, 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 Date 2.
200135040(PDF, 13K)	8/31/2001
This responds to a letter dated February 26, 2001, submitted on behalf of Purchaser and Sellers by their authorized representatives, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. Purchaser and Sellers are requesting an extension 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"), on Date B. (All citations in this letter to regulations under § 338 are to the regulations as in effect on Date B).
200135039(PDF, 19K)	8/31/2001
This letter responds to your November 22, 2000, in which rulings were requested as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated March 19, March 23, April 24, May 11, May 18, May 21, and May 23, 2001.
200135038(PDF, 13K)	8/31/2001
This letter responds to your letter dated January 26, 2001, in which you requested a ruling as to the federal income tax consequences of a proposed transaction. Additional information was provided in letters dated March 20, 2001, April 7, 2001, and April 5, 2001.
200135036(PDF, 20K)	8/31/2001
In accordance with § 8.07(2)(a) of Rev. Proc. 2001-1, 2001-1 I.R.B. 1, 43, this Chief Counsel Advice advises you that consent for a change in accounting method has been denied to a taxpayer within your jurisdiction. Pursuant to § 6110 (k)(3), this Chief Counsel Advise is not to be cited as precedent.
200135035(PDF, 6.0K)	8/31/2001
This letter responds to your letter dated January 26, 2001, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200135034(PDF, 5.0K)	8/31/2001
This letter responds to a letter, dated March 12, 2001, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200135033(PDF, 5.0K)	8/31/2001
This letter responds to a letter, dated March 8, 2001, and subsequent correspondence, submitted on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200135032(PDF, 10K)	8/31/2001
We respond to your April 13, 2001, request for a ruling on behalf of New Parent that, under § 1504(a)(3)(B) of the Internal Revenue Code, the Internal Revenue Service will waive the general rule of § 1504(a)(3)(A).
200135030(PDF, 14K)	8/31/2001
Issue: Whether the Internal Revenue Service should continue to file Notices of Federal Tax Lien ("NFTL") with the clerk of the United States District Court for Massachusetts ("District Court")?
200135029(PDF, 26K)	8/31/2001
Issue: Can the Service change its administrative procedures to alleviate the impact of � 6698 of the Code upon small partnerships?
200135028(PDF, 14K)	8/31/2001
Issues: Whether our previous advice recommending against the use of a joint notice of federal tax lien ("joint notice") when spouses who own property as tenants by the entirety are jointly and severally liable on a tax debt, bars the filing of joint notices.
200135027(PDF, 16K)	8/31/2001
Issues: (1) Can the Internal Revenue Service reverse an offset of an overpayment where the Service made an error which prevented the Taxpayer Advocate Service from issuing a hardship refund? (2) If, after the Service has made the initial assessment of a return, the Service makes a subsequent adjustment which results in an overpayment, can the Service issue a hardship refund on this new overpayment before the adjustment posts to the account and is offset against a pending federal tax liability?
200135025(PDF, 13K)	8/31/2001
Issue: Whether the Service can treat an installment agreement as accepted on the date it receives the written application for an installment agreement for purposes of reducing the failure to pay addition to tax rate imposed pursuant to � 6651(h)?
200135024(PDF, 22K)	8/31/2001
Issue: Can the Service assess a frivolous income tax return penalty under Internal Revenue Code § 6702 against a tax return preparer when the purported return was signed by both the taxpayer and the return preparer?
200135022(PDF, 18K)	8/31/2001
This letter responds to your request for rulings dated April 5, 2001, submitted on your behalf by your authorized representative, in which rulings are requested on the federal income tax consequences of a proposed transaction.
200135021(PDF, 18K)	8/31/2001
This letter responds to your request for rulings dated April 5, 2001, submitted on your behalf by your authorized representative, in which rulings are requested on the federal income tax consequences of a proposed transaction.
200135020(PDF, 37K)	8/31/2001
Issues: Whether claimed foreign income tax credits under § 902 of the Internal Revenue Code can be disallowed in this case based on the theory that a purported $ a dividend received from a foreign subsidiary (following an increase of paid-in capital) should be recast under the step transaction doctrine as a nontaxable stock dividend within the meaning of § 305(a).
200135019(PDF, 16K)	8/31/2001
This is in reply to a letter dated February 28, 2001, requesting a ruling on behalf of Fund A, Fund B, Fund C, Fund D, Fund E, Fund F, Fund G, Fund H, Fund I, Fund J, Fund K, Fund L, Fund M, and Fund N (individually, a Fund). You have requested a ruling that each Fund, except for Fund N, be granted an extension of time under § 301.9100 of the Procedure and Administration Regulations to make an election under § 855(a) of the Internal Revenue Code for Fund's tax year ended Date (1) Additionally, you have requested a ruling that Fund N be granted an extension of time under § 301.9100 to make an election under § 853(a) for Fund N's tax year ended Date 1.
200135018(PDF, 10K)	8/31/2001
This is in response to your request on behalf of the Issuer for an extension of time under § 301.9100-1 of the Procedure and Administrative Regulations to file Form 8328 (Carryforward Election of Unused Private Activity Bond Volume Cap) to make a carryforward election under § 146(f) of the Internal Revenue Code.
200135017(PDF, 6.3K)	8/31/2001
This letter responds to your letter dated January 12, 2001, and subsequent correspondence submitted on behalf of Company, requesting a ruling under � 1362(b)(5) of the Internal Revenue Code.
200135016(PDF, 8.6K)	8/31/2001
This is in reply to a letter dated February 12, 2001, on behalf of Fund A and Fund B (collectively, "Funds"). Funds request consent to revoke, for Year and subsequent calendar years, elections previously made by Funds under � 4982(e)(4)(A) of the Internal Revenue Code. Additionally, the Funds request that the calculation of their required distributions of capital gain net income under � 4982(e)(2) be determined using the period ending October 31 of their taxable year.
200135015(PDF, 18K)	8/31/2001
We received your letter, dated September 14, 2000, requesting a ruling that Taxpayer's pre-transfer status as a "holder" under §1235 of the Internal Revenue Code will be retained following the transfer of his entire interest in certain patents to a newly formed limited liability company (LLC) in exchange for a membership interest in the LLC. In letters dated November 1, 2000, December 4, 2000, December 22, 2000 and January 12, 2001, additional information was submitted regarding Taxpayer's request.
200135014(PDF, 15K)	8/31/2001
In a letter dated December 29, 2000, you requested a ruling on behalf of Corporation that the proposed transaction will not affect Corporation's status as a cooperative housing corporation under § 216(b) of the Internal Revenue Code (Code).
200135013(PDF, 8.3K)	8/31/2001
This responds to a letter dated March 30, 2001, submitted on behalf of Entity, requesting a time extension under � 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file an election under � 301.7701-3(c) to be treated as an association taxable as a corporation for federal tax purposes.
200135012(PDF, 6.6K)	8/31/2001
This letter responds to a letter, dated February 6, 2001, written on behalf of X, 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.
200135011(PDF, 50K)	8/31/2001
Issues: (1) Whether the note ("Note") issued by Corporation X to Association Z in exchange for approximately $a transferred from Association Z to Corporation X should be treated as valid indebtedness for Federal income tax purposes. (2) Assuming Association Z's investment in Corporation X is properly characterized as debt, are non-principal payments on the debt properly characterized as interest or original issue discount (OID) and when are such amounts deductible? (3) If the Note is valid indebtedness, whether Corporation X is required to withhold 30 percent of non-principal payments on the debt pursuant to § 881(a)(3)(B)?
200135010(PDF, 6.4K)	8/31/2001
This letter responds to a letter dated January 3, 2001, submitted by your authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code.
200135009(PDF, 8.7K)	8/31/2001
This letter responds to a letter from your authorized representative dated January 20, 2001, as well as subsequent correspondence, submitted on behalf of Company. We have been asked to rule that the rental income to be received by Company from the Properties under the New Leases is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code.
200135008(PDF, 6.2K)	8/31/2001
This letter responds to your letter dated December 29, 2000, submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code regarding Company's late S corporation election.
200135007(PDF, 22K)	8/31/2001
This is in response to the July 21, 2000 letter and other correspondence requesting rulings concerning the generation-skipping transfer tax and income tax consequences of the proposed division of the Trust.
200135006(PDF, 6.1K)	8/31/2001
This responds to a letter dated January 22, 2001, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code.
200135005(PDF, 59K)	8/31/2001
Issue: (1) Whether interest paid under � 992(c)(2)(B) by the successor to a domestic international sales corporation or by the parent of a liquidated domestic international sales corporation on behalf of the no longer-existing domestic international sales corporation in connection with a deficiency distribution under � 992(c) may be deductible on the consolidated return of the successor or parent corporation and its subsidiaries. (2) Whether � 265(a)(1) disallows interest expense deductions with respect to interest paid pursuant to � 992(c)(2)(B) for taxable years beginning after December 31, 1984.
200135004(PDF, 8.1K)	8/31/2001
This letter responds to your letter dated January 26, 2001, submitted on behalf of X, requesting that the Service grant X an extension of time to elect to treat S as a qualified subchapter S subsidiary under § 1361(b)(3) of the Internal Revenue Code effective D1.
200135003(PDF, 13K)	8/31/2001
On X, we issued a no rule letter to P. P had requested rulings under � 29 of the Internal Revenue Code.
200135002(PDF, 70K)	8/31/2001
Issues: (1) When a debtor defaults on a note, sells the property encumbered as security for the note, and transfers the proceeds to the creditor, is the entire transaction taxed as a sale or exchange or is the reduction of debt taxed separately as income from the discharge of indebtedness? (2) Under the facts of this case, is the underlying debt recourse or nonrecourse? (3) If the debt is nonrecourse, what are the tax consequences to the debtor? (4) If the debt is recourse, what are the tax consequences to the debtor? (5) Whether in the alternative, assuming the loan in issue is a recourse loan, the parent corporation must include in income its excess loss account in the stock of the debtor-subsidiary pursuant to Treasury Regulation§ 1.1502-19?
200135001(PDF, 50K)	8/31/2001
Issues: (1) Whether Parent's transfer of built-in gain property and Individual's transfer of built-in loss property to Sub2, both transfers in exchange for stock of Sub2, constituted a valid transaction under Internal Revenue Code § 351. (2) Whether Sub2 sufficiently substantiated the basis in the built-in loss assets received from Individual.

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2001 Chief Counsel'sWritten Determinations

2001 Chief Counsel's
Written Determinations