Ezel / IRS Rulings / 200709061

CCA 200709061: Business ceased to be a railroad employer after its sale

Number
200709061
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Employers v. Not Employers
Topics
Employment taxes
Code sections
§ 3231
Ruling dated
November 16, 2006
Publicly released
March 2, 2007
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2007, 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 2007
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 is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, 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 Railroad Retirement Board told the IRS that a business had ceased to be an employer under the railroad retirement and unemployment insurance laws. Chief Counsel reviewed that opinion and agreed that the business also ceased to be an employer under the Railroad Retirement Tax Act. The change took effect when a non-railroad employer purchased the business and it was no longer owned by or under common control with a rail carrier employer. The IRS asked its processing office to take the appropriate action. The business name and effective date were redacted in the public release.

Ruling snapshot

  • Question: Did a sold business remain an employer under the Railroad Retirement Tax Act?
  • Outcome: Advice given. It ceased to be a railroad employer when a non-railroad employer bought it and common control ended.
  • Key authorities: Railroad Retirement Tax Act; Railroad Retirement Act; Railroad Unemployment Insurance Act.

Full text (IRS public release)

Office of Chief Counsel

Memorandum
Internal Revenue Service

Number: 200709061
Release Date: 3/2/2007
CC:TEGE:EOEG:ET1
POSTN-146766-06

UILC: 3231.01-00

date: November 16, 2006

to: Director, Submission Processing
Cincinnati, OH
Attn: Entity Unit

from: Office of Division Counsel/Associate Chief Counsel (Tax Exempt & Government Entities)

subject: Railroad Retirement Tax Act Status

In accordance with the coordination procedure established between the Service and the Railroad Retirement Board (RRB), the RRB has provided us with its opinion dated
---------------------------, that the following business ceased to be an employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act effective
-------------------:
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We have reviewed the opinion of the RRB and, based upon the information submitted to us by the RRB, we also conclude that ----------------------------------. ceased to be an employer under the Railroad Retirement Tax Act effective -------------------, the date on which it was purchased by a non-railroad employer and was no longer owned by or under common control with a rail carrier employer. Please take the appropriate action regarding this business.

____
Janine Cook

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