PLR 200104015: Extension to request a revised nuclear fund schedule

Plain-English summary

A taxpayer filed a request for a revised nuclear decommissioning fund payment schedule after the required deadline. It sought more time under the regulations governing late elections. Based on the submitted facts and representations, the IRS concluded that the requirements for relief were met. It gave the taxpayer 60 days from the letter date to file the request and required compliance with the information rules for revised schedules. The letter granted time to submit the request; it did not decide the proposed schedule's merits.

Ruling snapshot

• Question: May the taxpayer submit its request for a revised section 468A schedule after the deadline?
• Outcome: Approved: a 60 day extension to file the request, subject to the schedule request requirements.
• Key authorities: Treas. Reg. §§ 301.9100-1, 301.9100-3, 1.468A-3.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury

Number: 200104015
Washington, DC 20224
Release Date: 1/26/2001
Index Number: 9100.00-00
Person to Contact:

Telephone Number:
(202) 622-3110
Refer Reply To:
CC:PSI:6--PLR-105250-00
Date:
October 23, 2000

Taxpayer =

Plant =
D1 =
D2 =
D3 =

Dear :

This letter responds to your request dated D3, submitted on behalf of Taxpayer, requesting under §301.9100-3 of the Procedure and Administration Regulations an extension of time to file a request for a revised schedule of ruling amounts for Plant under §1.468A-3(i)(1)(i) of the Income Tax Regulations.

Taxpayer was required to file the request for a revised schedule of ruling amounts for Plant under §1.468A-3(i)(1)(i) on or before D1. Taxpayer did not file the request until D2. Taxpayer requested an extension of time to file the request under
§301.9100-3 on D3.

Section 301.9100-1(c) provides that the Commissioner has discretion to grant a reasonable extension of time under the rules set forth in §§301.9100-2 and 301.9100-3 to make a regulatory election. Section 301.9100-1(b) defines a regulatory election as an election whose due date is prescribed by a regulation published in the Federal Register, or a revenue ruling, revenue procedure, notice, or announcement published in the Internal Revenue Bulletin.

Sections 301.9100-1 through 301.9100-3 provide the standards the Commissioner will use to determine whether to grant an extension of time to make an election. Section 301.9100-2 provides automatic extensions of time for making certain elections. Section 301.9100-3 provides extensions of time for making elections that do not meet the requirements of section 301.9100-2.

Requests for relief under §301.9100-3 will be granted when the taxpayer provides evidence to establish that the taxpayer acted reasonably and in good faith, and that granting relief will not prejudice the interests of the government. Section

2
PLR-105250-00

301.9100-3(a).

Based solely on the facts and the representations made, the requirements of
§§301.9100-1 and 301.9100-3 have been met. Consequently, Taxpayer is granted an extension of time to file the request for a revised schedule of ruling amounts for Plant under §1.468A-3(i)(1)(i), until 60 days following the date of this letter. Taxpayer must comply with all the requirements of §1.468A-3(h).

Except as specifically ruled upon above, no opinion is expressed or implied concerning the Federal income tax consequences of the transaction described above.

This ruling is directed only to the taxpayer who requested it. Section 6110(k)(3) of the Internal Revenue Code provides that it may not be used or cited as precedent.

We are sending a copy of this letter to the District Director. In accordance with the power of attorney on file with this office, a copy of this letter is being sent to Taxpayer.

Sincerely yours,
PAUL F. KUGLER
Associate Chief Counsel
(Passthroughs and Special Industries)

Enclosures:
Copy of this letter
Copy for section 6110 purposes