1999 Chief Counsel's
Written Determinations
199920000 to 199924999
Taxpayer-specific rulings or determinations are written memoranda furnished by the
IRS National Office in response to requests by taxpayers under published annual
guidelines. Technical advice memoranda are written memoranda furnished by the
National Office of the IRS upon request of a district director or chief appeals officer
pursuant to annual review procedures. Chief Counsel advice are written advice or
instructions prepared by the Office of Chief Counsel and issued to field or service
center employees of the IRS or Office of Chief Counsel.
It is important to note that pursuant to 26 USC § 6110(j)(3), such items cannot be
used or cited as precedent.
All files below are in the Adobe Acrobat PDF Format.
| 199924071(PDF, 646K) |
6/8/1999 |
| Issue: Whether certain state taxes and interest on taxes are specified liability losses within the meaning of � 172(f)(1) and, therefore, eligible for a ten-year net operating loss carryback period rather than the generally applicable three-year period in effect for the years at issue. |
| 199924056(PDF, 25K) |
6/3/1999 |
| Issue: Is the Internal Revenue Service liable to a spouse for his or her share of a joint refund where the Service erroneously issued the refund check to the other spouse? |
| 199924055(PDF, 20K) |
6/3/1999 |
| Issue: Whether the California electronic lien filing (ELF) enabling legislation "permits" electronic filing of notices of federal tax lien within the meaning of Treasury Regulation § 301.6323(f)-1(d)(2). |
| 199924054(PDF, 23K) |
6/8/1999 |
| Issue: Can a summons be issued for documents already in the Service's possession which were received from the X examination team in an unrelated audit ? |
| 199924053(PDF, 9K) |
6/3/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199924052(PDF, 9K) |
6/4/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199924051(PDF, 9K) |
6/3/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199924050(PDF, 9K) |
6/3/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199924049(PDF, 9K) |
6/3/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199924048(PDF, 9K) |
6/3/1999 |
| November 25, 1998, from your authorized representative requesting rulings concerning the application of the generation-skipping transfer tax imposed by § 2601 of the Internal Revenue Code to the proposed modification of eight trusts. |
| 199924047(PDF, 28K) |
6/3/1999 |
| October 23, 1998, as supplemented by your letter of February 3, 1999. You requested a ruling that premiums received by Taxpayer A on policies of reinsurance of United States risks are exempt from the insurance excise tax imposed by � 4371 of the Internal Revenue Code of 1986. |
| 199924046(PDF, 13K) |
6/3/1999 |
| November 16, 1998, and subsequent correspondence including proposed Bylaws for the Company, requesting a ruling on behalf of the Company. We have been requested to rule that income of the Company will be excluded from gross income under § 115 of the Internal Revenue Code. |
| 199924045(PDF, 14K) |
6/3/1999 |
| January 20, 1999, requesting a ruling as to the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated March 3, 1999. |
| 199924044(PDF, 27K) |
6/3/1999 |
| Issue: You have asked us to determine whether a hotel's new magnetic stripe keycard door locking system is classified as nonresidential real property or tangible personal property under � 168 of the Internal Revenue Code. |
| 199924043(PDF, 6K) |
6/4/1999 |
| November 23, 1998, submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199924042(PDF, 8K) |
6/3/1999 |
| January 11, 1999 request for rulings as to the federal income tax consequences of a series of proposed transactions. |
| 199924041(PDF, 5K) |
6/4/1999 |
| 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 August 31, to a taxable year ending December 31, effective for the tax year beginning September 1, 1997. |
| 199924040(PDF, 5K) |
6/3/1999 |
| 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 July 31, to a taxable year ending June 30, effective for the tax year beginning August 1, 1997 and ending June 30, 1998. |
| 199924039(PDF, 8K) |
6/3/1999 |
| Requesting rulings under §§ 1362(b)(5) and 1374 of the Internal Revenue Code. We are unable to respond to your requested ruling under § 1374. We are able to respond to your requested ruling under § 1362(b)(5). |
| 199924038(PDF, 10K) |
6/3/1999 |
| November 20, 1998, requesting rulings about the federal income tax consequences of a proposed transaction. Additional information was received in letters dated February 3, 1999 and February 15, 1999. |
| 199924037(PDF, 6K) |
6/3/1999 |
| November 17, 1998, and subsequent correspondence, submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199924036(PDF, 5K) |
6/3/1999 |
| 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 August 31, to a taxable year ending June 30, effective for the tax year beginning September 1, 1997. |
| 199924035(PDF, 10K) |
6/4/1999 |
| September 25, 1997, requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of her U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199924034(PDF, 10K) |
6/3/1999 |
| September 25, 1997, requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199924033(PDF, 13K) |
6/4/1999 |
| November 20, 1998, and subsequent correspondence, that was submitted on behalf of the Agency and the Partnership, requesting permission under § 42(n)(4) of the Internal Revenue Code and § 1.42-13(b) of the Income Tax Regulations to correct an administrative error in an allocation of the low-income housing credit dollar amounts. |
| 199924032(PDF, 5K) |
6/4/1999 |
| 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 August 31, to a taxable year ending June 30, effective for the tax year beginning September 1, 1997. |
| 199924031(PDF, 6K) |
6/3/1999 |
| November 4, 1998, and subsequent correspondence requesting the following rulings: (1) Trust, as reformed, qualifies as a charitable remainder unitrust under § 664(d)(2) and (3) of the Internal Revenue Code, and (2) The reformation of Trust is a "qualified reformation" under § 2055(e)(3). |
| 199924030(PDF, 16K) |
6/4/1999 |
| Requesting a ruling that waivers be granted pursuant to §§ 101(f)(3)(H) and 7702(f)(8) of the Internal Revenue Code, as applicable, with regard to the failure of certain contracts to satisfy the "guideline premium limitation" under §§ 101(f)(2) and 7702(c)(2), as applicable. |
| 199924029(PDF, 12K) |
6/4/1999 |
| Requesting that a waiver be granted pursuant to � 7702(f)(8) of the Internal Revenue Code with respect to certain failed life insurance contracts. |
| 199924028(PDF, 19K) |
6/4/1999 |
| Date RR, and supplemental submissions, requesting a ruling that waivers be granted pursuant to §§ 101(f)(3)(H) and 7702(f)(8) of the Internal Revenue Code, as applicable, with regard to the failure of certain contracts to satisfy the "guideline premium limitation" under §§ 101(f)(2) and 7702(c)(2), as applicable. This ruling letter applies to the x contracts listed in Exhibit A. |
| 199924027(PDF, 10K) |
6/4/1999 |
| Date A, signed by your representative, requesting that a waiver be granted pursuant to � 7702(f)(8) of the Internal Revenue Code with respect to certain failed life insurance contracts. Supplemental information was submitted on Date B, Date C, Date D and Date E. |
| 199924026(PDF, 17K) |
6/4/1999 |
| June 23, 1998, request for a ruling on behalf of eligible tribal members concerning the proper treatment of economic development grants made by the Nation. Specifically, you have asked whether economic development grants made to tribal members pursuant to Initiative are excludable from the gross income of those tribal members under the general welfare doctrine? |
| 199924025(PDF, 8K) |
6/3/1999 |
| December 16, 1997, 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. |
| 199924024(PDF, 19K) |
6/3/1999 |
| October 26, 1998 request for rulings as to the federal income tax consequences of a proposed transaction. |
| 199924023(PDF, 10K) |
6/3/1999 |
| August 3, 1998, and subsequent correspondences, requesting a ruling under § 469 of the Internal Revenue Code. Specifically, a ruling was requested that certain interest income generated by Company be treated as derived in the ordinary course of a trade or business under § 1.469-2T(c) (3)(ii) of the Income Tax Regulations for purposes of calculating passive activity gross income. |
| 199924022(PDF, 10K) |
6/3/1999 |
| August 3, 1998, and subsequent correspondences, requesting a ruling under § 469 of the Internal Revenue Code. Specifically, a ruling was requested that certain interest income generated by Company be treated as derived in the ordinary course of a trade or business under § 1.469-2T(c) (3)(ii) of the Income Tax Regulations for purposes of calculating passive activity gross income. |
| 199924021(PDF, 15K) |
6/3/1999 |
| November 13, 1998, requesting an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 199924020(PDF, 10K) |
6/3/1999 |
| August 3, 1998, and subsequent correspondences, requesting a ruling under § 469 of the Internal Revenue Code. Specifically, a ruling was requested that certain interest income generated by Company be treated as derived in the ordinary course of a trade or business under § 1.469-2T(c) (3)(ii) of the Income Tax Regulations for purposes of calculating passive activity gross income. |
| 199924019(PDF, 35K) |
6/3/1999 |
| Issues: (1) Whether the estate is entitled to special use valuation under Internal Revenue Code § 2032A with respect to the decedent's timberland and timber. (2) In determining the special use value of timber under I.R.C. § 2032A(e)(8), whether the recapture provision set forth in I.R.C. § 2032A(c) can be considered. |
| 199924018(PDF, 10K) |
6/4/1999 |
| Request dated September 14, 1998, and subsequent correspondence, submitted on behalf of X, requesting relief under § 1362(f) of the Internal Revenue Code from an inadvertent termination of X's election to be an S corporation. |
| 199924017(PDF, 43K) |
6/3/1999 |
| Issues: (1) Where CORP Y is a member of a consolidated group, does Internal Revenue Code § 6621(d) require the Service to net CORP Y's excise tax refund against a previously assessed and paid corporate income tax deficiency of the consolidated group for interest computation purposes? A. Does I.R.C. § 6621(d) apply to taxes, such as an excise tax, that were repealed prior to its enactment? B. May a member of a consolidated group, which pays excise tax separately from the group, net the interest on such tax against the interest on income tax payable by the consolidated group? (2) Whether the petition in Tax Court improperly and prematurely raises the issue of interest netting and overpayment prior to the Court's decision becoming final. |
| 199924016(PDF, 37K) |
6/3/1999 |
| March 10, 1998 letter, submitted by your authorized representative, in which you request several rulings on the application of §§ 2703 and 2057 of the Internal Revenue Code to the transactions described below. |
| 199924015(PDF, 11K) |
6/3/1999 |
| March 10, 1998 letter, submitted by your authorized representative, in which you request several rulings on the application of §§ 2703 and 2057 of the Internal Revenue Code to the transactions described below. |
| 199924014(PDF, 11K) |
6/3/1999 |
| January 13, 1999 letter, and prior correspondence, submitted by you on behalf of the taxpayer (Grandson) requesting estate tax rulings on a proposed division of a trust. |
| 199924013(PDF, 18K) |
6/3/1999 |
| April 14, 1998, requesting rulings as to the federal income tax consequences of the proposed transaction described below. You submitted additional information in letters dated June 22, September 25 and 29, October 22, and November 13, 1998, and February 16, 1999. |
| 199924012(PDF, 7K) |
6/3/1999 |
| November 4, 1998, and subsequent correspondence, requesting a ruling that Taxpayer be given an extension of time to make the election under § 469(c)(7)(A) of the Internal Revenue Code and § 1.469-9(g)(3) of the Income Tax Regulations to treat all interests in rental real estate as a single rental real estate activity. |
| 199924011(PDF, 8K) |
6/3/1999 |
| November 6, 1998, as well as subsequent correspondence, submitted on behalf of Company, 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. |
| 199924010(PDF, 31K) |
6/3/1999 |
| Issue: Whether the hazards of litigation are such that it would be appropriate to abate, pursuant to Internal Revenue Code § 6404(e)(1), a portion of the interest that accrued on petitioner's deficiency. |
| 199924008(PDF, 12K) |
6/3/1999 |
| May 21, 1998, as well as subsequent correspondence, requesting a private letter ruling. Specifically, you ask the Internal Revenue Service to rule that (1) Company's elections to treat its wholly-owned first and second tier Subsidiaries as qualified subchapter S subsidiaries (QSSSs) will not cause any of the Subsidiaries to recognize income from built-in gains solely by reason of the elections, and (2) the rents received by Company from the leasing of the Properties do not constitute passive investment income under § 1362(d)(3)(C)(i). |
| 199924007(PDF, 11K) |
6/3/1999 |
| Ruling request you submitted on behalf of Company concerning a proposed amendment to the Plan. The issue presented is whether, under � 162(m) of the Internal Revenue Code, the proposed amendment will adversely effect the performance-based compensation paid under the Plan. |
| 199924006(PDF, 17K) |
6/8/1999 |
| Issue: Where a Chapter 13 case has been dismissed, may the Service retroactively apply payments received from the Chapter 13 Trustee in its "best interest," or must the Service honor the Trustee's earlier designation regarding how the payments should be credited? |
| 199924005(PDF, 35K) |
6/3/1999 |
| Issues: I. Whether Taxpayer's transfer of USCo stock to FCo should be treated as a taxable sale because it was not undertaken for a valid business purpose. II. Whether Taxpayer lacked the required control of FCo immediately following the transfer of the stock of USCo to FCo, thereby causing the transfer to fail to qualify for nonrecognition treatment under � 351. |
| 199924004(PDF, 5K) |
6/3/1999 |
| January 28, 1999, concerning the waiver of the statute of limitations in a criminal case. At issue in this case is whether the criminal statute of limitations can be waived by the defendants. |
| 199924003(PDF, 27K) |
6/3/1999 |
| Issue: To what extent would the substantive consolidation of a group of partnerships by a bankruptcy court impact TEFRA proceedings with regard to partners of those partnerships? |
| 199924002(PDF, 15K) |
6/8/1999 |
| Issues: (1) Does the disposition of the shares in Company A and Company B to the Children as a result of the Spouse's disclaimer constitute a specific bequest or a residuary bequest? (2) Under the terms of the Decedent's will and Trust, does the marital bequest bear any portion of the estate tax? |
| 199924001(PDF, 21K) |
6/8/1999 |
| Issue: Whether a portion of the payment by Taxpayer to Insurance Company A for insurance coverage for tax year ended Date 1 should be disallowed under § 162 of the Internal Revenue Code as self-insurance to the extent a portion of the payment is allocated to Taxpayer's Redemption Account in Insurance Company B, as described below. |
| 199923044(PDF, 12K) |
6/1/1999 |
| Requesting rulings about the transaction described in this letter. |
| 199923043(PDF, 7K) |
5/28/1999 |
| July 8, 1997, requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his U.S. Alien Registration Card (Green Card) will not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199923042(PDF, 6K) |
5/27/1999 |
| September 2, 1998, and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199923041(PDF, 43K) |
5/27/1999 |
| October 16, 1998 request for rulings on certain federal income tax consequences of a proposed transaction. |
| 199923040(PDF, 6K) |
5/27/1999 |
| 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 calendar year ending December 31, to a taxable year ending June 30, effective for the tax year beginning January 1, 1998. |
| 199923039(PDF, 6K) |
5/28/1999 |
| October 28, 1998 ruling request and subsequent correspondence submitted on behalf of X by X's authorized representative, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199923038(PDF, 6K) |
5/27/1999 |
| October 31, 1998, and subsequent correspondence submitted by you as X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199923037(PDF, 5K) |
5/27/1999 |
| Reference to a Form 1128, Application to Adopt, Change, or Retain a Tax Year, submitted on behalf of the above-named taxpayer, requesting permission to change its accounting period, for federal income tax purposes, from a taxable year ending June 30, to a taxable year ending August 31, effective for the tax year beginning July 1, 1998 and ending August 31, 1998. |
| 199923036(PDF, 6K) |
5/27/1999 |
| October 2, 1998 submitted on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that Company's S corporation status will be effective beginning D1. |
| 199923035(PDF, 7K) |
5/27/1999 |
| November 25, 1998, submitted on Partnership's behalf, requesting an extension of time to make an election under § 754 of the Internal Revenue Code. |
| 199923034(PDF, 5K) |
5/27/1999 |
| Form 1128 requesting a change in accounting period to a tax year ending June 30 was due on or before September 15, 1998. Information furnished indicates that the taxpayer intended to make the change in a timely manner, but that due to an error or misunderstanding, the change was not properly made. |
| 199923033(PDF, 7K) |
5/27/1999 |
| Responds to your letter signed November 16, 1998 and subsequent correspondence, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199923032(PDF, 23K) |
5/27/1999 |
| Request for rulings, dated September 9, 1998, on the federal income tax consequences of a proposed transaction concerning § 368(a)(1)(D) of the Internal Revenue Code. We received additional information in letters dated December 10, 1998, January 5, January 19, January 25, and February 16, 1999. |
| 199923031(PDF, 5K) |
6/2/1999 |
| September 3, 1998, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199923030(PDF, 11K) |
5/28/1999 |
| June 30, 1998 ruling request and subsequent correspondence submitted on behalf of Group concerning § 1362(d)(3) of the Internal Revenue Code. |
| 199923029(PDF, 18K) |
5/27/1999 |
| August 14, 1998, and subsequent correspondence, requesting certain rulings on behalf of Authority. The requested rulings concern whether Authority may be treated as an integral part of State A for federal income tax purposes, or, alternatively, whether Authority is subject to § 115 of the Internal Revenue Code. |
| 199923028(PDF, 18K) |
5/27/1999 |
| February 16, 1999, and prior correspondence, in which you requested a ruling concerning the gift, estate, and generation-skipping transfer tax consequences of a proposed partial release of a power of appointment. |
| 199923027(PDF, 41K) |
5/27/1999 |
| April 8, 1998, requesting a ruling as to the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated October 19, 1998, December 16, 1998, January 7, 1999, January 20, 1999, February 12, 1999, February 24, 1999, and March 3, 1999. |
| 199923026(PDF, 17K) |
5/27/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199923025(PDF, 17K) |
5/27/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199923024(PDF, 7K) |
5/27/1999 |
| September 28, 1998, written on behalf of X, requesting a ruling that X's S corporation status will be effective as of D1. |
| 199923023(PDF, 7K) |
5/27/1999 |
| November 12, 1998 requesting that we rule on a significant federal income tax subissue present in a proposed transaction. See § 3.01(23) of Rev. Proc. 99-3, 1999-1 I.R.B. 103, 106. |
| 199923022(PDF, 10K) |
6/1/1999 |
| Request for ruling dated October 30, 1998, filed on Taxpayer's behalf by its authorized representative. The letter requests that we rule that the purchase and subsequent sale or lease of certain specially designed trucks tailored for installation of a crane boom are not taxable highway vehicles under § 4051 of the Internal Revenue Code. |
| 199923021(PDF, 25K) |
6/1/1999 |
| Issues: (1) In considering a request for an expedited refund in a Joint Committee case, does a district director have discretion not to require security on interest accruing upon the tax refund? (2) Assuming that such discretion exists, what factors should be taken into account in determining whether that discretion should be exercised in whole or in part? |
| 199923020(PDF, 17K) |
5/27/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199923019(PDF, 6K) |
5/27/1999 |
| December 16, 1998, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199923018(PDF, 15K) |
5/27/1999 |
| Requested rulings on behalf of Taxpayer concerning the generation-skipping transfer tax consequences of the exercise of specific powers of appointment. |
| 199923017(PDF, 44K) |
6/2/1999 |
| Issues: (1) What is the proper classification of A for federal tax purposes? (2) What are the proper classifications of B and C for federal tax purpose?(3) Are D and E qualifying organizations eligible to elect out of Subchapter K pursuant to Internal Revenue Code § 761?(4) Are B and C eligible to elect out of Subchapter K pursuant to � 761?(5) Is F subject to the partnership basis provisions of Subchapter K and, if so, is the loss from D and E reduced by any basis limitations? |
| 199923016(PDF, 17K) |
5/27/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199923015(PDF, 6K) |
6/3/1999 |
| September 14, 1998, for reconsideration of our ruling (CC:EBEO:3 - PLR-117686-97) which concluded that the above-named Worker was the Firm's employee for purposes of federal employment taxes. |
| 199923014(PDF, 8K) |
5/27/1999 |
| September 14, 1998, for reconsideration of our ruling (CC:EBEO:3 - PLR-117686-97) which concluded that the above-named Worker was the Firm's employee for purposes of federal employment taxes. |
| 199923013(PDF, 11K) |
5/27/1999 |
| October 21, 1998, requesting the following rulings concerning the effect of a proposed reformation of Trust: (1) The proposed reformation of Trust will not affect the assumed qualification of Trust as a charitable remainder trust, and (2) The proposed reformation of Trust will not disqualify Grantors' charitable deduction under § 170 of the Internal Revenue Code for transfers made to Trust from its inception. |
| 199923012(PDF, 38K) |
5/27/1999 |
| Issues: (1) Whether the P consolidated group is entitled to carry back specified liability (SL) losses incurred by a member of the group if that member had positive separate taxable income in that year. (2) To what extent may the P group carry back SL losses incurred by a member of the group if that member had negative separate taxable income in that year. |
| 199923011(PDF, 30K) |
5/27/1999 |
| June 16, 1998, requesting rulings concerning the federal income tax consequences of proposed transactions. |
| 199923010(PDF, 12K) |
5/27/1999 |
| September 14, 1998 and subsequent correspondence, on behalf of Entity E, requesting a ruling concerning the proposed amended and restated deferred compensation plan (the "Plan") which E intends to be an eligible deferred compensation plan under � 457 of the Internal Revenue Code of 1986. |
| 199923009(PDF, 6K) |
5/27/1999 |
| November 30, 1998, requesting a ruling concerning the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated January 27, 1999, January 28, 1999, February 12, 1999, and February 15, 1999. |
| 199923008(PDF, 7K) |
5/27/1999 |
| May 7, 1998, requesting a ruling that Company'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. Company represents the following facts. |
| 199923007(PDF, 10K) |
6/1/1999 |
| Requesting rulings under 1362(d)(3) and 1375(a) of the Internal Revenue Code. |
| 199923006(PDF, 12K) |
5/27/1999 |
| August 21, 1998, and subsequent correspondence submitted by your representative requesting rulings on behalf of Company. You have requested a ruling that the same methodology provided by § 1.856-5(c) of the Income Tax Regulations for apportioning interest income may be applied under the 75 percent asset test of § 856(c)(4) of the Internal Revenue Code in cInternal Revenue Codeumstances involving first and second mortgages. |
| 199923005(PDF, 20K) |
6/2/1999 |
| Issue: Clarify the recommendation that the settlement offer be accepted. |
| 199923004(PDF, 23K) |
5/28/1999 |
| Issues: (1) Whether a method of accounting for costs was established by A prior to or during the years at issue, which the petitioner is now attempting to change without the permission of the Commissioner. (2) Should costs be considered a material item within the meaning of the regulations.(3) Does the fact that A did not claim or report any amounts for future expenditures in the years at issue, in spite of the fact that under its own theory such amounts accrued, help to demonstrate that a method of accounting was established in those years.(4) Does the fact that prior to and during the years at issue B adopted and applied, on behalf of A, the accounting methods and policies already established by C, help to demonstrate that a method of accounting for was established by A in those years. |
| 199923003(PDF, 20K) |
6/1/1999 |
| Issue: Whether a taxpayer is entitled to the benefits of § 1341 of the Internal Revenue Code upon the payment of damages in a patent infringement lawsuit. |
| 199923002(PDF, 8K) |
6/2/1999 |
| Issue: Is Taxpayer exempt from the tax imposed by § 4251 of the Internal Revenue Code with respect to the services described below by reason of § 4253(f)? |
| 199923001(PDF, 10K) |
6/2/1999 |
| Issues: (1) Is Taxpayer's turkey battery system a trailer or semitrailer body subject to the tax imposed by § 4051(a)(1) of the Internal Revenue Code? (2) If the Service rules adversely to Taxpayer on Issue (1), will the Service grant Taxpayer's request to apply this technical advice memorandum on a nonretroactive basis under § 7805(b)(8)? |
| 199922054(PDF, 18K) |
5/21/1999 |
| March 12, 1998, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts in accordance with � 1.468A-3(i)(1)(iii) of the Income Tax Regulations as each of the commissions has reduced the amount of decommissioning costs to be included in Taxpayer's cost of service for ratemaking purposes. Taxpayer was last granted a revised schedule of ruling amounts on August 21, 1996. |
| 199922053(PDF, 22K) |
5/21/1999 |
| Issue: Is the sole owner of a single-member limited liability company (LLC) personally liable for employment taxes incurred by the LLC? |
| 199922052(PDF, 12K) |
5/26/1999 |
| Requesting a ruling regarding the classification of Trust A and Trust B, created under Will, as qualified subchapter S trusts under § 1361(d) of the Internal Revenue Code. |
| 199922051(PDF, 31K) |
5/21/1999 |
| Issues: (1) Whether the Service can condition the granting of an installment agreement upon the taxpayer's agreeing to meet all federal tax deposit and estimated tax payment requirements contained in the Internal Revenue Code. (2) Whether the Service can terminate the installment agreement of a taxpayer who fails to make federal tax deposits or estimated tax payments at the times provided by for the Code. |
| 199922049(PDF, 12K) |
5/27/1999 |
| Issue: Whether refusal to allow the Service's diesel compliance officer (DCO) to sample diesel fuel located on private property is subject to the penalty provided by Internal Revenue Code §§ 7342 and 4083(c)(3). |
| 199922048(PDF, 20K) |
5/24/1999 |
| Requested several rulings concerning the generation-skipping transfer tax consequences of the exercise of a testamentary special power of appointment. |
| 199922047(PDF, 8K) |
5/21/1999 |
| September 22, 1998, submitted by your representative 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. |
| 199922046(PDF, 26K) |
5/21/1999 |
| Rev. Proc. 99-1, 1999-1 I.R.B. 6, 47 provides that unless it was part of a closing agreement, a letter ruling found to be in error or not in accordance with the current views of the Service may be revoked or modified. |
| 199922045(PDF, 17K) |
5/21/1999 |
| October 16, 1998, from your authorized representative requesting rulings under the Internal Revenue Code regarding the proposed reformation of certain grantor retained income trusts. |
| 199922044(PDF, 10K) |
5/24/1999 |
| October 9, 1998, in which a ruling was requested on the qualification of Trust as exempt from the Generation-Skipping Transfer Tax after the Individual Trustee's exercise of a power to replace the Corporate Trustee. |
| 199922043(PDF, 7K) |
5/24/1999 |
| October 5, 1998, and subsequent correspondence, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199922042(PDF, 11K) |
5/21/1999 |
| December 22, 1998, submitted on your behalf by your authorized representative, requesting rulings about the federal income tax consequences of a proposed transaction. Additional information was submitted in a letter dated January 20, 1999. |
| 199922041(PDF, 15K) |
5/21/1999 |
| Authorized Representatives' August 18, 1998 letter requesting an extension of time, under § 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations, to file an election. |
| 199922040(PDF, 7K) |
5/21/1999 |
| October 28, 1998, requesting supplemental rulings regarding the effect of a change of facts in a transaction on which we issued a private letter ruling dated January 7, 1997 (PLR-248798-96) (Prior Letter Ruling). |
| 199922039(PDF, 8K) |
5/21/1999 |
| August 25, 1998, requesting a ruling with respect to the application of Article 18 of the United States-United Kingdom Income Tax Treaty (the "Treaty") to annuity payments under a � 403(b) retirement plan. Additional information was submitted in letters dated November 12, 1998 and January 31, 1999. |
| 199922038(PDF, 7K) |
5/21/1999 |
| November 16, 1998 letter from your authorized representative requesting a ruling that works of art you have loaned to a museum located in the United States (Museum) will not be deemed property within the United States under § 2105(c) of the Internal Revenue Code. |
| 199922037(PDF, 6K) |
5/21/1999 |
| Request filed on behalf of the above-named taxpayer regarding the late filing of a Form 1128, Application to Adopt, Change, or Retain a Tax Year. The form would request permission to change accounting periods, for federal income tax purposes, from a taxable year ending March 31, to a taxable year ending December 31, effective for the tax year beginning April 1, 1997. |
| 199922036(PDF, 6K) |
5/21/1999 |
| January 4, 1999, requesting a supplemental ruling to PLR-21626-96, a ruling letter issued September 23, 1996 ("Prior Ruling Letter"). Additional information was submitted in a letter dated February 12, 1999. |
| 199922035(PDF, 6K) |
5/21/1999 |
| January 4, 1999, requesting a supplemental ruling to PLR-21626-96, a ruling letter issued September 23, 1996 ("Prior Ruling Letter"). Additional information was submitted in a letter dated February 12, 1999. |
| 199922034(PDF, 47K) |
5/21/1999 |
| Issues: (1) Is the withholding of tax under § 1442 of the Internal Revenue Code required with respect to any deemed payment(s) that result from the allocation of interest under § 482 from TP, a domestic corporation, to its foreign corporate shareholder? (2) Is § 1442 withholding required with respect to a deemed or constructive payment of interest when TP's indebtedness to its foreign corporate shareholder was converted to additional paid-in capital at the beginning of Year 2?(3) May TP reduce the principal amount on which it must pay interest, if any, by amounts owed TP by its foreign corporate shareholder? |
| 199922033(PDF, 35K) |
5/21/1999 |
| Issues: (1) How strong is the Service's position that the appropriate recovery period, for depreciation purposes, of a Facility built on a barge, with no capacity for water travel, is 31.5 years? (2) What, if any, additional development should be undertaken in the event this case is not settled and litigation is necessary? |
| 199922032(PDF, 33K) |
5/24/1999 |
| Issue: Whether the Service may issue a notice of final partnership administrative adjustment relying of the limitation on assessment of the consolidated parent of a partner in a TEFRA partnership relying on the Internal Revenue Code § 6501 limitation on assessment. |
| 199922031(PDF, 9K) |
5/21/1999 |
| Request dated July 22, 1998, as supplemented by correspondence dated November 4, 1998, December 28, 1998, January 12, 1999, and February 25, 1999, submitted on your behalf by your authorized representative, concerning the federal employment tax treatment, under � 3121(b)(7)(F) of the Internal Revenue Code (Code), of certain contributions to State A pension plans. |
| 199922030(PDF, 15K) |
5/24/1999 |
| February 17, 1999, and prior correspondence, submitted by your authorized representatives, in which you request several rulings concerning the partition of Trust. |
| 199922029(PDF, 8K) |
5/27/1999 |
| September 29, 1998, and subsequent correspondence, on behalf of the above Employer requesting a ruling on the federal tax consequences of Employer's deferred compensation plan (the "Plan") and related Trust under � 457 of the Internal Revenue Code. |
| 199922028(PDF, 13K) |
5/21/1999 |
| September 2, 1998, and subsequent correspondence, on behalf of the above Employer requesting a ruling on the federal tax consequences of Employer's deferred compensation plan (the "Plan") and related Trust under � 457 of the Internal Revenue Code as amended by the Small Business Job Protection Act of 1996. |
| 199922027(PDF, 27K) |
5/24/1999 |
| August 29, 1997, Taxpayer, a taxpayer within your examination jurisdiction, submitted a private letter ruling request to our office. Taxpayer's submission requested a ruling that Country X's Tax A and Tax B are creditable under � 901 of the Internal Revenue Code (Code). |
| 199922026(PDF, 5K) |
5/21/1999 |
| September 18, 1998, submitted on behalf of X, requesting a ruling that X's S corporation election be effective as of X's first taxable year, beginning Date. |
| 199922025(PDF, 18K) |
5/21/1999 |
| Request of Taxpayer, dated March 12, 1998, and supplemental information submitted by Taxpayer, for a revised schedule of ruling amounts in accordance with � 1.468A-3(i)(1)(iii) of the Income Tax Regulations as each of the commissions has reduced the amount of decommissioning costs to be included in Taxpayer's cost of service for ratemaking purposes. |
| 199922024(PDF, 26K) |
5/27/1999 |
| Issues: (1) Whether the taxpayer may deduct original issue discount (OID) on its contingent payments on the patent or patent rights that it purchased? How does Treasury Regulation § 1.1275-4 affect the taxpayer's computation of OID? How is the OID to be computed? (2) If the taxpayer acquired partnership interests, may the taxpayer deduct OID on the debt used to finance the purchase? |
| 199922023(PDF, 8K) |
5/21/1999 |
| Request for a letter ruling dated August 11, 1998, and subsequent correspondence, concerning the application of � 1802 of the Small Business Job Protection Act of 1996, Pub. L. 104-188, 110 Stat. 1892 (section 1802), effective for remuneration paid after December 31, 1996. |
| 199922022(PDF, 9K) |
5/21/1999 |
| Migration Study Contract Between Pennsylvania Department of Revenue and Third Party This office has reviewed the proposed migration study contract between Pennsylvania Department of Revenue and a third party. |
| 199922021(PDF, 9K) |
5/21/1999 |
| July 25, 1997, 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. |
| 199922020(PDF, 19K) |
5/21/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922019(PDF, 19K) |
5/24/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922018(PDF, 19K) |
5/26/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922017(PDF, 19K) |
5/21/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922016(PDF, 10K) |
5/21/1999 |
| June 1, 1998, written on behalf of Company, requesting relief under § 1362(f) of the Internal Revenue Code for an inadvertent termination of Company's S corporation status. |
| 199922015(PDF, 19K) |
5/21/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922014(PDF, 18K) |
5/21/1999 |
| Issues: (1) Whether P formed partnerships with Service Groups to operate the Offices? (2) Whether P possesses the benefits and burdens of the ownership of the Office, so as to require P to accrue the accounts receivable earned by the Office as its income? |
| 199922013(PDF, 19K) |
5/21/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922012(PDF, 62K) |
5/21/1999 |
| Issues: (1) Should Taxpayer's notes, issued in exchange for some of its 100% foreign shareholder's shares, be respected as debt? (2) If the notes are given tax effect, does � 163(j) or � 267(a)(3) limit Taxpayer's deduction for interest paid on the notes? |
| 199922011(PDF, 23K) |
5/24/1999 |
| Issue: Whether a C corporation should include the LIFO recapture amount in its gross income in the year the C corporation merges into an S corporation under Internal Revenue Code � 1363(d), prior to the effective date of Treasury Regulation § 1.1363-2(a)(2) |
| 199922010(PDF, 20K) |
5/21/1999 |
| August 21, 1998 letter requesting a ruling that Taxpayer's liability for certain payments is properly characterized as a liability for return premiums under a retrospective rating plan based on experience for purposes of Internal Revenue Code § 832(b)(4) and Treasury regulation § 1.832-4(a)(3)(ii), and to your representative's letters of September 17, October 8, 13, and 15, November 6, and December 22, 1998, and February 10 and 19, 1999 providing supplemental information respecting that request. |
| 199922009(PDF, 11K) |
5/21/1999 |
| August 12, 1998, in which you request an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a "reverse" qualified terminable interest property (QTIP) election under § 2652(a)(3) of the Internal Revenue Code. |
| 199922008(PDF, 37K) |
5/21/1999 |
| Issues: (1) Whether Company A's participation in Pool qualifies for the "mandatory pool" exception from reserve strengthening pursuant to Treasury Regulation § 1.846-3(c)(3)(ii)(A). (2) If Company A's membership in Pool falls within the "mandatory pool" exception of Treas. Reg. § 1.846-3(c)(3)(ii)(A), whether Company A's method of computing the reduction to respondent's reserve strengthening adjustment for the "mandatory pool" exception is acceptable |
| 199922007(PDF, 25K) |
5/26/1999 |
| Requesting certain rulings concerning the estate, gift, generation-skipping transfer and income tax consequences related to Taxpayer's creation of a trust intended to qualify as a charitable lead unitrust. |
| 199922006(PDF, 24K) |
5/21/1999 |
| Issues: (1) Whether, after all assignments of error in a transferee liability petition on an issue have been stricken as sanctions, counsel should argue that the respondent is entitled to partial summary judgment on such issues without further analysis of respondent's determinations. (2) How should respondent reply to petitioner's argument that respondent: (a) must apply the law of the place of transfer in determining whether a transfer is fraudulent and (b) if the transfer took place outside of the United States, must prove the law of the jurisdiction. |
| 199922005(PDF, 28K) |
5/26/1999 |
| Issue: Whether the Service should pursue the theory that the "if they would otherwise be deductible [under this Chapter]" language of Internal Revenue Code § 404(a) means that both cash and accrual basis taxpayers must satisfy the all-events and economic performance tests of Internal Revenue Code § 461 in order for qualified plan contributions to be deductible under Internal Revenue Code § 404. |
| 199922004(PDF, 21K) |
5/21/1999 |
| Notification of Withdrawal of Request for Ruling in X The attached materials are being forwarded to you in accordance with § 8.07(2)(b) of Rev. Proc. 98-1, 1998-1 C.B. 7, 35. |
| 199922003(PDF, 8K) |
5/21/1999 |
| September 28, 1998 request for a letter ruling supplementing our prior letter ruling dated July 20, 1998 and modified August 27, 1998 (collectively, the "Prior Letter Ruling"). |
| 199922002(PDF, 8K) |
5/21/1999 |
| September 28, 1998 request for a letter ruling supplementing our prior letter ruling dated July 20, 1998 and modified August 27, 1998 (collectively, the "Prior Letter Ruling"). The legend abbreviations, factual summary, and representations appearing in the Prior Letter Ruling are hereby incorporated by reference unless otherwise indicated. |
| 199922001(PDF, 7K) |
5/21/1999 |
| Issue: Whether a membership corporation must recognize gross income with regard to nonrefundable credits that were granted to its members for use in offsetting their liabilities to the corporation for fees unrelated to membership. |
| 199921045(PDF, 27K) |
5/27/1999 |
| Depreciation/HCA�SPR-122705-98 You have asked for our response as to the position that examiners should take in light of the Tax Court's decision in Health Corp. of America, Inc. v. Commissioner, 109 T.C. 21 (1997) ("HCA"). |
| 199921044(PDF, 27K) |
5/18/1999 |
| Issue: Whether a taxpayer can claim the EIC on the basis of the taxpayer's permanently and totally disabled parent. |
| 199921043(PDF, 27K) |
8/13/1999 |
| Request, dated January 29, 1999, for assistance concerning the computation of excluded military retired pay under � 104(a)(4) of the Internal Revenue Code and � 1.122-1 of the Income Tax Regulations. |
| 199921042(PDF, 30K) |
5/18/1999 |
| Request for our advice as to whether a voluntary payment of a prepetition nondischargeable tax liability pursuant to an installment agreement, after the filing of a Chapter 7 petition by an individual debtor, violates the automatic stay of B.C. § 362(a). |
| 199921041(PDF, 11K) |
5/18/1999 |
| September 14, 1998, 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). Additional information was received in letters dated October 30, 1998, December 14, 1998, January 22, 1999, and February 15, 1999. |
| 199921040(PDF, 6K) |
5/18/1999 |
| November 4, 1998, submitted on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199921039(PDF, 7K) |
5/18/1999 |
| October 19, 1998, and subsequent correspondence, written on behalf of X by its authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199921038(PDF, 6K) |
5/18/1999 |
| October 5, 1998, and subsequent correspondence, written on behalf of X by its authorized representative requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199921037(PDF, 15K) |
5/18/1999 |
| October 22, 1998, in which rulings were requested on behalf of Distributing regarding certain federal income tax consequences of a proposed transaction. |
| 199921036(PDF, 37K) |
5/18/1999 |
| October 22, 1998, and supplemental submissions requesting rulings concerning the general death benefit and accidental death and dismemberment coverage provided by Taxpayer. |
| 199921035(PDF, 7K) |
5/18/1999 |
| October 15, 1998, requesting a ruling concerning the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated November 23, 1998, December 1, 1998, January 20, 1999, January 22, 1999, January 27, 1999, January 28, 1999, February 17, 1999, and February 19, 1999. |
| 199921034(PDF, 17K) |
5/18/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199921033(PDF, 17K) |
5/18/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199921032(PDF, 10K) |
5/26/1999 |
| Request for ruling under � 162(m) of the Internal Revenue Code regarding the number of covered employees when a publicly held corporation has co-chief executive officers. |
| 199921031(PDF, 7K) |
5/18/1999 |
| December 3, 1998 and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199921030(PDF, 9K) |
5/18/1999 |
| October 30, 1997, requesting a ruling under � 877(c) of the Internal Revenue Code of 1986 that A's surrender of his U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. |
| 199921029(PDF, 8K) |
5/18/1999 |
| October 17, 1997, 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. Additional information was submitted in a letter dated October 24, 1998. |
| 199921028(PDF, 5K) |
5/18/1999 |
| Requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199921027(PDF, 28K) |
5/18/1999 |
| August 31, 1998 request for rulings on certain federal income tax consequences of a transaction. |
| 199921026(PDF, 6K) |
5/18/1999 |
| Requests relief under §1362(b)(5) of the Internal Revenue Code. FACTS: X began doing business on Date (1) The shareholder desired S corporation treatment for X, effective Date 1, but an election to be treated as an S corporation was not timely filed. |
| 199921025(PDF, 15K) |
5/18/1999 |
| October 22, 1998, submitted on behalf of Distributing, for rulings on the federal income tax consequences of a proposed transaction. Additional information was submitted in letters dated January 26, February 8 and February 19, 1999. |
| 199921024(PDF, 9K) |
5/18/1999 |
| December 21, 1998, and subsequent correspondence, by your authorized representative on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199921023(PDF, 6K) |
5/18/1999 |
| November 17, 1998, and subsequent correspondence, written on behalf of X by its authorized representative requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199921022(PDF, 16K) |
5/18/1999 |
| July 16, 1998, as well as subsequent correspondence, submitted on behalf of Companies A and B (the "Corporations") by your authorized representative, requesting a ruling under § 1362(d)(3) (C)(i) of the Internal Revenue Code regarding the rental income received by the Corporations from the Properties, as well as various rulings under § 368(a)(1)(D) and related provisions regarding a plan of reorganization between Companies A and B. |
| 199921021(PDF, 8K) |
5/18/1999 |
| October 29, 1998, and subsequent correspondence submitted by your authorized representative on behalf of Company, requesting a ruling that Taxpayer's rental income is not passive investment income under § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 199921020(PDF, 6K) |
5/18/1999 |
| January 25, 1999, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199921019(PDF, 15K) |
5/18/1999 |
| September 11, 1998 requesting an extension of time under §§ 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 199921018(PDF, 10K) |
5/18/1999 |
| November 4, 1998, and subsequent correspondence, requesting a ruling that the rental income received by Company from its ownership of various real estate properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 199921017(PDF, 9K) |
5/18/1999 |
| November 4, 1998, and subsequent correspondence, requesting a ruling that the rental income received by Company from its ownership of various real estate properties is not passive investment income within the meaning of § 1362(d)(3)(C)(i) of the Internal Revenue Code. |
| 199921016(PDF, 5K) |
5/18/1999 |
| 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 March 31, to a taxable year ending June 30, effective for the tax year beginning April 1, 1998. |
| 199921015(PDF, 16K) |
5/18/1999 |
| September 15, 1998, on behalf of Decedent's estate, in which you request an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a "reverse" qualified terminable interest property (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 Regulations. |
| 199921014(PDF, 8K) |
5/18/1999 |
| September 25, 1998, and perfected October 22, 1998, as well as subsequent correspondence, submitted on behalf of Company, requesting a ruling that the rental income received by Company from the Property is not passive investment income within the meaning of § 1362(d)(3)(C)(i). |
| 199921013(PDF, 5K) |
5/18/1999 |
| October 14, 1998, submitted by your authorized representative on behalf of Corporation, requesting a ruling under � 1362(b)(5) of the Code that Corporation's S corporation election be effective as of D2. |
| 199921012(PDF, 17K) |
5/18/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199921011(PDF, 17K) |
5/18/1999 |
| Railroad Retirement Act Tax Status Attached for your information and appropriate action is a copy of a letter from the Railroad Retirement Board concerning the status under the Railroad Retirement Act and the Railroad Unemployment Insurance Act of: |
| 199921010(PDF, 6K) |
5/18/1999 |
| Request filed on behalf of X (the taxpayer) for consent to adopt the current expense method of deducting legal expenditures incurred in connection with making and perfecting patent applications relating to the development of Z, pursuant to the provisions of § 174(a)(2)(B) of the Internal Revenue Code, for the 52-53 week tax year beginning December 28, 1997 and ending December 26, 1998 (year of change). |
| 199921009(PDF, 10K) |
5/18/1999 |
| August 18, 1998 letter, submitted on behalf of X, requesting a ruling under § 1362(f) of the Internal Revenue Code. |
| 199921008(PDF, 25K) |
5/18/1999 |
| Issue: Whether the payment of a partnership liability by guarantors should be characterized as cancellation of indebtedness income or as a contribution of capital. |
| 199921007(PDF, 28K) |
5/18/1999 |
| Issues: (1) Whether a letter to Taxpayer from the Chief, Special Procedures Function, accepting her arguments, constitutes a final determination of tax liability for purposes of Internal Revenue Code § 7430(b)(4). (2) Whether Taxpayer's letter dated Date 1, to Senator and Senator's letter of Date 2, to the Service may be treated as an application for attorney's fees under I.R.C. § 7430(b)(4). |
| 199921006(PDF, 37K) |
5/18/1999 |
| Issue: Whether "premium payments" made by Corp X under the second arrangement described below are "deposits" and, as a result, not income to Corp Z. |
| 199921005(PDF, 23K) |
5/18/1999 |
| Issue: Whether a notice of Revocation of Certificate of Release of Federal Tax Lien (notice of revocation) violates the automatic stay of � 362 of the Bankruptcy Code. |
| 199921004(PDF, 37K) |
5/18/1999 |
| November 5, 1998. Field Service Advice is not binding on Examination or Appeals and is not a final case determination. |
| 199921003(PDF, 35K) |
5/26/1999 |
| Position Paper "Rig Rentals" UILC # 62.02.00 This is in response to your memorandum of requesting our review of a position paper prepared by the X. |
| 199921002(PDF, 84K) |
5/18/1999 |
| Issue: Whether, pursuant to Treasury Regulation § 1.482-2(a), the Commissioner may allocate interest income to B with respect to B's advances to C in order to reflect an arm's length transaction, when B asserts upon examination that its treatment of the advances as debt was a mistake and that the advances were equity? |
| 199921001(PDF, 40K) |
5/18/1999 |
| Issues: (1) Whether � 1341(a) of the Internal Revenue Code of 1986 applies to amounts paid by the taxpayer in Year 2 to settle a price-fixing lawsuit initiated by its former customers regarding overcharges. (2) If � 1341(a) applies in this case, may X Corporation reduce both its income tax and alternative minimum tax by the same amount? |
| 199920034(PDF, 16K) |
5/10/1999 |
| October 13, 1998, submitted on your behalf by your authorized representative. The letter request a ruling regarding the application of subchapter T of the Internal Revenue Code to a proposed transaction described below. |
| 199920033(PDF, 6K) |
5/10/1999 |
| November 2, 1998 and subsequent correspondence submitted by X's authorized representative on behalf of X, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199920032(PDF, 12K) |
5/10/1999 |
| October 22, 1998, and subsequent correspondence, requesting an extension of time under § 301.9100-1 of the Procedure and Administration Regulations to make a "reverse" qualified terminable interest property (QTIP) election under § 2652(a)(3) of the Internal Revenue Code and to sever a QTIP marital trust into two separate trusts under § 26.2654-1(b) of the Generation-Skipping Transfer Tax (GSTT) Regulations. |
| 199920031(PDF, 12K) |
5/10/1999 |
| October 20, 1998, and subsequent correspondence dated December 15, 1998, submitted on behalf of Fund, that the award of "points" under an airline awards program will be treated for federal income tax purposes as an adjustment of an investor's purchase price for its shares, and will result in an adjustment to its basis in those shares; and that the operation of the airline awards program, including the redemption of points, will not result in the payment of preferential dividends by Fund within the meaning of � 562(c) of the Internal Revenue Code. |
| 199920030(PDF, 17K) |
5/10/1999 |
| December 9, 1998, and subsequent correspondence submitted on behalf of New REMIC, that the Internal Revenue Service rule that a described funds-available cap will not prevent certain interests created in New REMIC from qualifying as regular interests under � 860G of the Internal Revenue Code. |
| 199920029(PDF, 9K) |
5/10/1999 |
| January 1, 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. |
| 199920028(PDF, 5K) |
5/10/1999 |
| 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 March 31, to a taxable year ending June 30, effective for the tax year beginning April 1, 1998 and ending June 30, 1998. |
| 199920027(PDF, 18K) |
5/10/1999 |
| October 6, 1998, requesting a ruling regarding whether the transfers of electrical distribution systems and other amounts by the Government to Subsidiary under a privatization program constitute contributions in aid of construction under § 118(b) of the Internal Revenue Code. |
| 199920026(PDF, 19K) |
5/10/1999 |
| July 2, 1998 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 make two elections. First, Purchaser is requesting an extension to make a late election under § 301.7701-3 to be treated as an association effective as of Date B (the "Entity Classification Election"). |
| 199920025(PDF, 6K) |
5/10/1999 |
| December 10, 1998, submitted on behalf of X, requesting relief under § 1362(b)(5) of the Internal Revenue Code. |
| 199920024(PDF, 14K) |
5/7/1999 |
| October 21, 1998, requesting rulings on behalf of the above referenced taxpayer. Additional information was provided in letters dated December 16, 1998, and January 21 and February 1, 1999. |
| 199920023(PDF, 8K) |
5/6/1999 |
| December 14, 1998, submitted on behalf of Y requesting an extension of time pursuant to § 301.9100-3(a) of the Procedure and Administration Regulations to file an election to be treated as a corporation for federal tax purposes under § 301.7701-3(c). |
| 199920022(PDF, 6K) |
5/10/1999 |
| October 20, 1998, and subsequent correspondence, submitted by your authorized representative, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code. |
| 199920021(PDF, 6K) |
5/6/1999 |
| November 5, 1998, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a in State. Company has one shareholder, Shareholder. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199920020(PDF, 15K) |
5/6/1999 |
| October 15, 1998, requesting on behalf of Parent an extension of time under §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to file an election. |
| 199920019(PDF, 48K) |
5/13/1999 |
| Request for Field Service Advice, dated April 29, 1997, concerning leases entered into by a foreign sales corporation (FSC) subsidiary of USCorp. Our advice is limited to the "grantor trust" transaction described in your transmittal memorandum. |
| 199920018(PDF, 6K) |
5/6/1999 |
| September 9, 1998, submitted by your authorized representative on behalf of Company, requesting a ruling under § 1362(b)(5) of the Internal Revenue Code that Company's S corporation status will be effective beginning d1. |
| 199920017(PDF, 16K) |
5/6/1999 |
| Request for rulings, dated August 6, 1998, on the federal income tax consequences of a proposed transaction concerning § 355 of the Internal Revenue Code. We received additional information in letters dated September 28, October 23,1998, January 8, and February 5, 1999. |
| 199920016(PDF, 25K) |
5/20/1999 |
| Issue: Has there been a disposition of the surviving spouse's income interest in her QTIP trust for purposes of � 2519? |
| 199920015(PDF, 10K) |
5/6/1999 |
| August 11, 1998, and subsequent correspondence, submitted by your authorized representative on behalf of Company, requesting inadvertent termination relief under § 1362(f) of the Internal Revenue Code. |
| 199920014(PDF, 24K) |
5/21/1999 |
| Issue: Whether income derived from rendering personal services by taxpayer ("Taxpayer") as an employee of a civilian contractor on Johnston Island during Year 4 may be excluded by the Taxpayer from his gross income under � 931(a) of the Internal Revenue Code of 1986 ("Internal Revenue Code") ? |
| 199920013(PDF, 24K) |
5/21/1999 |
| Issue: Whether income derived from rendering personal services by taxpayer ("Taxpayer") as an employee of X Corporation on Johnston Island during Years 4 and 5 may be excluded by the Taxpayer from her gross income under � 931(a) of the Internal Revenue Code of 1986 ("Internal Revenue Code") ? |
| 199920012(PDF, 110) |
5/20/1999 |
| Issues: (1) Whether the lease stripping transactions at issue are sham transactions lacking business purpose and economic substance. (2) Whether the step transaction doctrine applies to the lease stripping transactions at issue.(3) What is the proper characterization of D's purchase of the lease receivables?(4) Whether the Service should challenge the depreciation deductions attributable to the lease stripping transactions under � 167.(5) Whether � 482 applies to the taxpayer and other parties to the lease- stripping transactions at issue, and if so, what are the consequences of applying � 482. |
| 199920011(PDF, 11K) |
5/6/1999 |
| Request for a ruling concerning whether proposed accelerated payments to be made by Company of all amounts due to Employees A, B, and C (Employees) pursuant to stock option agreements constitute "applicable employee remuneration" under � 162(m)(4) of the Internal Revenue Code. |
| 199920010(PDF, 30K) |
5/27/1999 |
| Issue: At what date does interest commence to run on an underpayment of tax for a particular year, where X reported an overpayment of tax on its return for such year and elected to have the overpayment applied against its estimated tax liability for the succeeding year, but the Service subsequently determined a deficiency in tax. |
| 199920009(PDF, 12K) |
5/6/1999 |
| October 7, 1998, requesting rulings under � 280G of the Internal Revenue Code. Specifically you requested a ruling that, under the facts outlined below, neither the approval nor the implementation of the Merger described below constitutes a change in the ownership or effective control of Corporation B, or in the change in the ownership of a substantial portion of the assets of Corporation B within the meaning of � 280G(b)(2) of the Code. |
| 199920008(PDF, 6K) |
5/6/1999 |
| October 14, 1998, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. The information submitted discloses that Company was incorporated on a in State. Company has two shareholders, Shareholders. It is represented that Company has intended to be an S corporation since its incorporation. |
| 199920007(PDF, 9K) |
5/6/1999 |
| October 6, 1998, and subsequent correspondence, submitted by your authorized representative requesting certain rulings under § 1361 of the Internal Revenue Code. |
| 199920006(PDF, 6K) |
5/6/1999 |
| October 15, 1998, requesting a ruling on behalf of Company under § 1362(b)(5) of the Internal Revenue Code. |
| 199920005(PDF, 27K) |
5/6/1999 |
| Issues: (1) Whether the filing of a bankruptcy petition automatically terminates an installment payment agreement between the taxpayer and the Service. (2) Whether the Treasury regulations allow the Service to terminate an installment agreement because the taxpayer has filed bankruptcy. |
| 199920004(PDF, 12K) |
5/6/1999 |
| Requested a ruling concerning the generation-skipping transfer tax consequences of the proposed division of a "grandfathered" trust. This letter responds to your request. |
| 199920003(PDF, 37K) |
5/19/1999 |
| Issue: Whether for tax purposes transactions entered into between the Taxpayer and an unrelated third-party special purpose entity are lease arrangements or financing arrangements. |
| 199920002(PDF, 40K) |
5/19/1999 |
| Issues: (1) Whether the Service may terminate Taxpayer's LIFO election in Fiscal Year 3 for failure to keep adequate records as required by Treasury Regulation §1.472-2? (2) Whether Taxpayer improperly changed its method of accounting in Fiscal Year 4 by altering its definition of "items" within its LIFO pool without the consent of the Commissioner?(3) Whether Taxpayer improperly reconstructed its base year costs for the ending inventory of its redefined "items" in Fiscal Year 4? |
| 199920001(PDF, 11K) |
5/6/1999 |
| Issue: For purposes of its last-in, first-out (LIFO) inventory method, should T treat the sale of the a that was made in conjunction with the sale of its storage facilities differently than it treats sales of a made in the ordinary course of business, such that the a sold in conjunction with the sale of the storage facilities is removed from inventory as a so-called "vertical slice"? |
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