Ezel / IRS Rulings / 201151025

CCA 201151025: Chief Counsel addresses appraisal substantiation timing

Number
201151025
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Substantiation
Topics
Income and deductions
Code sections
§ 170, § 6110
Ruling dated
September 27, 2011
Publicly released
December 23, 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 advised that IRC § 170(f)(11)(E), as modified by the Pension Protection Act of 2006, applies to appraisals prepared for returns or submissions filed after August 17, 2006. The advice also states that Notice 2006-96 applies until the effective date of final regulations, which had not yet been issued when the email was sent. The document addresses the timing rule in response to a question about an “As of December 30, 2008” date.

Ruling snapshot

  • Question: Which appraisal substantiation rule applies based on the filing date, and does Notice 2006-96 remain applicable?
  • Outcome: Advice given.
  • Key authorities: IRC § 170(f)(11)(E); Notice 2006-96

Full text (IRS public release)

ID: CCA-927124-11 Number: 201151025
Release Date: 12/23/2011
Office:
UILC: 170.12-09

From: --------------------
Sent: Tuesday, September 27, 2011 12:42 PM
To: --------------
Cc:
Subject: FW: -------------------

Not sure what your "As of December 30, 2008" date below means. Section 170(f)(11)(E) (as modified by
the PPA in 2006) applies to appraisals prepared with respect to returns or submissions filed after
8/17/06. Notice 2006-96 applies until the effective date of the final regs. The final regs have not yet been
issued.

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