PLR 200110014: More time to request a revised nuclear decommissioning schedule

Plain-English summary

A taxpayer missed the deadline to request a revised schedule of ruling amounts for a nuclear plant decommissioning fund. It sought relief under Treas. Reg. § 301.9100-3. Based on the submitted facts and representations, the IRS granted an extension to file the request within 60 days of the ruling letter. The letter gives additional time to request a schedule; it does not approve a revised schedule.

Ruling snapshot

• Question: Could the taxpayer file a late request for a revised decommissioning fund schedule?
• Outcome: Approved: 60 days from the ruling letter to file the request.
• Key authorities: Treas. Reg. §§ 1.468A-3(a)(5), 301.9100-1, and 301.9100-3.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury

Number: 200110014
Washington, DC 20224
Release Date: 3/9/2001
Index Number: 9100.00-00
Person to Contact:

Telephone Number:
CC:PSI:6/PLR-121463-00
Refer Reply To:

Date:
December 1, 2000

Taxpayer =

Plant =
D1 =
D2 =

Dear
:

This letter responds to your request dated D2, 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(a)(5) of the Income Tax Regulations.

Taxpayer was required to file the request for a revised schedule of ruling amounts for Plant 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 D2.

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 301.9100-3(a).

2

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(a)(5), until 60 days following the date of this letter.

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