Ezel / IRS Rulings / 200731032

CCA 200731032: Reconsidered railroad employer status found not covered

Number
200731032
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Employers v. Not Employers
Topics
Employment taxes
Code sections
§ 3231
Ruling dated
November 1, 2006
Publicly released
August 3, 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

On reconsideration, the Railroad Retirement Board concluded that a redacted business was not a covered employer under the railroad retirement and unemployment insurance laws. Chief Counsel reviewed the Board's opinion and agreed that the business was not a covered employer under the Railroad Retirement Tax Act as of the date stated in the redacted memorandum. It directed the IRS processing unit to take appropriate action. The public release does not identify the business or disclose the effective date.

Ruling snapshot

  • Question: Was the business a covered employer under the Railroad Retirement Tax Act on reconsideration?
  • Outcome: Chief Counsel agreed it was not covered as of a redacted date.
  • Key authorities: IRC § 3231; Railroad Retirement Tax Act.

Full text (IRS public release)

Office of Chief Counsel

Memorandum
Internal Revenue Service

Number: 200731032
Release Date: 8/3/2007
CC:TEGE:EOEG:ET1
POSTN-141841-06

UILC: 3231.01-00

date: November 1, 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 that, on reconsideration, the following business is held not to be a covered employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act as of -------------
--------

-----------------------
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---------------------------------------------
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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 ----------------------., on reconsideration, is held not to be a covered employer under the jurisdiction of the Railroad Retirement Tax Act as of --------------------. Please take the appropriate action regarding this business.

_____
Janine Cook

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