Ezel / IRS Rulings / 200917035

CCA 200917035: Revenue Ruling 2009-9 applied retroactively

Number
200917035
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Limitations on Losses of Individuals - Transaction Entered Into For Profit
Topics
Income and deductions
Code sections
§ 165
Ruling dated
March 23, 2009
Publicly released
April 24, 2009
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 2009, 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 2009
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 IRS answered whether Revenue Ruling 2009-9 applied retroactively. The advice said that, like any revenue ruling not expressly limited to prospective application, it was retroactive. Its retroactive reach extended at least as far back as the legislation cited in the ruling. The writer offered to discuss the issue in more detail later.

Ruling snapshot

  • Question: Did Revenue Ruling 2009-9 apply retroactively?
  • Outcome: Advice given: yes, at least as far back as the legislation it cited.
  • Key authorities: Rev. Rul. 2009-9; IRC § 165.

Full text (IRS public release)

ID: CCA_2009032312075350 Number: 200917035
Release Date: 4/24/2009
Office: ----------
UILC: 165.03-00

From: --------------------
Sent: Monday, March 23, 2009 12:07:56 PM
To: ----------------------
Cc: ------------------------
Subject: RE: Rev Rul 2009-9 - Second Request

Sorry for the delay. There has been a flood of inquiries. Yes, like any revenue ruling that isn't expressly
made prospective, the revenue ruling is retroactive, at least as far back as the legislation it cites.

I will try to call you to discuss in more detail when I get a chance.

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