IRS determination 200427001: Service declines factual insurance agent status request

Number
200427001
Outcome
Other outcome
Document type
Determination Letter
IRS subject
Insurance Salesmen
Code sections
§ 3121
Ruling dated
March 10, 2004
Publicly released
July 2, 2004

Apply this to your situation

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.

Currency note: this determination was released in 2004
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

A requester asked the IRS to approve procedures for deciding whether sales agents were full-time life insurance salesmen under § 3121(d)(3)(B). After reviewing the submission and discussing it at a conference, the IRS found the request too dependent on specific facts for a letter ruling and declined to issue one. It requested a refund of the user fee. The letter said the requester could submit Form SS-8 to seek a determination of a particular agent's employment status.

Ruling snapshot

  • Question: Would the IRS approve the requester's procedures for classifying life insurance sales agents?
  • Outcome: No ruling issued because the request was fact intensive.
  • Key authorities: IRC § 3121(d)(3)(B); Rev. Proc. 2004-1.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224
Number: 200427001
Release Date: 7/2/04
Index Number: 3121.04-18

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Person To Contact:
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-----------------, ID No. -------------
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Refer Reply To:
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CC:TEGE:EOEG:ET1 – PLR 162442-03
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Date:
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March 10, 2004
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Re: ------------------------------------------------------
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Dear ------------------------------------

This letter is in response to --------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------ruling request asking that we approve the procedures that it uses for determining whether sales agents are full time life insurance salesmen under section 3121(d)(3)(B) of the Internal Revenue Code.

After reviewing the information you submitted and then further discussing the issue with you at a conference in the national office, it is apparent that your request is very factual in nature. Under section 6.02 of Rev. Proc. 2004-1, 2004-1 I.R.B. 1 the Service ordinarily will not issue letter rulings in certain areas because of the factual nature of the problem involved. Because of the factual nature of your ruling request, the Service declines to issue a letter ruling.

We have submitted a user fee refund request to our Communications, Records, and User Fee Unit (CRU Unit) using the above referenced address of -------------- as the address for the return of the user fee. The CRU unit separately processes this refund.

If you have any further questions please feel free to contact Mr. Rogers at (202) 622- 6040. If you want to request the determination of the employment status of a particular

PLR 162442-03
2

sales agent, you may follow the requirements in section 5.09 of Rev. Proc. 2004-1 for submitting a Form SS-8.

Sincerely,

Michael A. Swim
Senior Technical Reviewer,
Employment Tax Branch 1
Office of Division Counsel/
Associate Chief Counsel
(Tax Exempt & Government Entities)

cc: ----------------------------------------------------------------------------------------
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