Ezel / IRS Rulings / 201122017

CCA 201122017: Disaster-loss amendments do not shift the year for energy tax credits

Number
201122017
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Disaster Losses and Tax-Related Deadlines
Topics
Procedure, penalties, and administration Income and deductions
Code sections
§ 165, § 7508A
Ruling dated
May 3, 2011
Publicly released
June 3, 2011
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 2011, 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 2011
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

Chief Counsel advice states that taxpayers amending a return only to report disaster losses should claim energy tax credits earned during the later return year. The advice adds that credits earned in the earlier disaster year would likely already have been reported on the original return. It therefore separates the disaster-loss amendment from the year in which the energy tax credits are claimed.

Ruling snapshot

  • Question: When should taxpayers claim energy tax credits while amending a return to report disaster losses?
  • Outcome: Advice.
  • Key authorities: IRC §§ 165, 7508A.

Full text (IRS public release)

ID: CCA_2011050310420024 Number: 201122017
Release Date: 6/3/2011
Office: --------------
UILC: 7508A.00-00, 165.07-00

From: ---------------
Sent: Tuesday, May 03, 2011 10:42:01 AM
To: -------------------------------------
Cc:
Subject: RE: Energy Tax Credit

I agree with ------. The taxpayers are only amending the return to report disaster losses that were incurred in -------.

When they file their ------- return, they would then claim any energy tax credits that were earned during that year.

Likely, if they had energy tax credits for -------, they would already have reported them on the original return.

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