200401021: IRS revokes earlier stock option plan ruling
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This page covers one taxpayer's determination, issued in 2004, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.
Plain-English summary
The IRS revoked an earlier private letter ruling about contributing stock options to a qualified retirement plan and then exercising them to buy the employer's common stock. It had announced in 1997 that it was reconsidering the earlier ruling and the plan qualification and other tax issues involved. This letter says those issues were still under consideration and formally revokes PLR 9712033. It does not give a new substantive ruling on the stock option transaction.
Ruling snapshot
- Question: What is the status of the earlier ruling on stock option contributions and exercise by the plan?
- Outcome: Revocation: PLR 9712033 was revoked.
- Key authorities: Announcement 97-45, 1997-17 I.R.B. 20.
Full text (IRS public release)
DEPARTMENT OF THE TREASURY
200401021
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224
TAX EXEMPT AND GOVERNMENT ENTITIES DIVISION
OCT 7 2003
UICs: 404.02-00
401.04-00
415.02-01
Attn:
Ladies and gentlemen:
This is in reference to Announcement 97-45, 1997-17 I.R.B. 20 (April 28, 1997) in which the Internal Revenue Service indicated that it was reconsidering PLR 9712033 issued to you on December 24, 1996. In Announcement 97-45, the Service indicated that it was reexamining the plan qualification and other tax issues raised by a contribution of stock options to a qualified plan and the subsequent exercise of those options to be used in the purchase of the common stock of the employer maintaining the plan.
The Service is still considering those issues. Accordingly, the Service hereby revokes PLR 9712033.
Pursuant to a power of attorney on file with this office, a copy of this letter is being sent to your authorized representative.
If you have any questions, please contact at
Sincerely yours,
Frances V. Sloan
Manager, Employee Plans
Technical Group 3
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