Ezel / IRS Rulings / 200813038

CCA 200813038: Rail business lost railroad retirement tax employer status on sale

Number
200813038
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Employers v. Not Employers
Topics
Employment taxes
Code sections
§ 3231
Ruling dated
November 30, 2007
Publicly released
March 28, 2008
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 2008, 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 2008
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 advised the IRS that a rail business ceased to be a covered employer under the railroad retirement and unemployment insurance laws. Chief Counsel reviewed the Board's opinion and reached the same conclusion under the Railroad Retirement Tax Act. The memo identifies the date of the business's sale and transfer to another entity as the date its covered employer status ended. It directs IRS staff to update the business's records accordingly.

Ruling snapshot

  • Question: Did the rail business remain a covered employer after its sale and transfer?
  • Outcome: Advice given: covered employer status ended on the date of sale and transfer.
  • Key authorities: IRC § 3231; Railroad Retirement Act; Railroad Unemployment Insurance Act.

Full text (IRS public release)

Office of Chief Counsel

Memorandum
Internal Revenue Service

Number: 200813038
Release Date: 3/28/2008
CC:TEGE:EOEG:ET1
POSTN-144502-07

UILC: 3231.01-00

date: November 30, 2007
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 the following business ceased to be a covered employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act on ------------------:

------------------------------
------------------------------------------
-------------------------------------
----------------------------------------------

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 on ------------------, the date of its sale and transfer to ----------------------------------.

Please take the appropriate action regarding this business.

_____
Janine Cook
cc:

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