Ezel / IRS Rulings / 200023043

PLR 200023043: IRS revoked an earlier ruling on trucks fitted with cranes and aerial units

Number
200023043
Outcome
Revocation
Document type
Private Letter Ruling
IRS subject
Imposition of Tax on Heavy Trucks and Trailers Sold at Retail (Taxable v. Non-Taxable)
Topics
Excise taxes
Code sections
§ 4051
Ruling dated
March 15, 2000
Publicly released
June 9, 2000
Source
View Official PDF

Apply this to your situation

This page covers one taxpayer's ruling, issued in 2000, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2000
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It resolved one taxpayer's situation on its specific facts, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

The IRS notified a taxpayer that it was reconsidering an excise tax exception for trucks fitted with cranes. An earlier letter ruling, LTR 9844036, had said that vehicles the taxpayer fitted with cranes, aerial units, and digger derricks and then sold at retail were not taxable highway vehicles under IRC § 4051. The IRS revoked that ruling effective May 15, 2000. The taxpayer could no longer rely on it for sales of those trucks. This notice did not state a new conclusion on whether those sales were taxable.

Ruling snapshot

  • Question: Could the taxpayer continue relying on its earlier ruling about trucks fitted with cranes, aerial units, and digger derricks?
  • Outcome: Revocation of LTR 9844036, effective May 15, 2000.
  • Key authorities: IRC § 4051; Treas. Reg. § 48.4061(a)-1(d)(2)(i).

Full text (IRS public release)

INTERNAL REVENUE SERVICE

Number: 200023043
Release Date: 6/9/2000
Index No.: 4051.00-00

CC:DOM:P&SI:8/PLR-105234-00

MAR 15, 2000
In re:

Legend:

Taxpayer =

Dear

This is to notify you that the Internal Revenue Service (Service) is reconsidering the applicability of the tax exception in § 48.4061(a)-1(d)(2)(i) of the Manufacturers and Retailers Excise Tax Regulations to trucks on which cranes are installed.

In letter ruling, LTR 9844036, dated August 5, 1998, the Service concluded that the vehicles on which Taxpayer had installed cranes, aerial units, and digger derricks and subsequently sold at retail are not taxable highway vehicles under § 4051 of the Internal Revenue Code.

Because this matter is now being reconsidered, the Service is revoking LTR 9844036 effective May 15, 2000. Consequently, Taxpayer may no longer rely on LTR 9844036 with respect to the sale of certain trucks on which Taxpayer installs cranes, aerial units, and digger derricks.

We recognize the significance of this development to you and will attempt to resolve this matter as soon as possible.

Sincerely,
Assistant Chief Counsel
(Passthroughs & Special Industries)
By: Richard A Kocak
Chief, Branch 8

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