Oil and gas company receives more time for amortization election

Plain-English summary

An oil and gas corporation intended to elect under IRC § 59(e) to amortize its intangible drilling and development costs ratably over 60 months. Because it did not timely file its return or an extension, it also could not timely attach the election required by Treas. Reg. § 1.59-1(b). The IRS found that the corporation met the good-faith and government-prejudice standards for discretionary relief. It granted 60 calendar days from the letter date to make the election for the specified tax year. The ruling did not extend the return-filing deadline or decide whether the costs otherwise qualified under §§ 59(e) and 263(c).

Ruling snapshot

• Question: Could the corporation make a late IRC § 59(e) election for intangible drilling and development costs?
• Outcome: Approved, with 60 days to make the election
• Key authorities: IRC §§ 59(e) and 263(c); Treas. Reg. §§ 1.59-1(b), 301.9100-1, and 301.9100-3

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224

Number: 201505015
Third Party Communication: None
Release Date: 1/30/2015
Date of Communication: Not Applicable
Index Number: 9100.02-04
Person To Contact:
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Telephone Number:
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---------------------------------------------- Refer Reply To:
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CC:PSI:B06
PLR-121171-14
In Re: Request for extension of time under Date: October 6, 2014
§§ 301.9100-1 and 301.9100-3 of the
Procedure and Administration Regulations to
file an election pursuant to § 59(e) of the
Internal Revenue Code

LEGEND:

Taxpayer = ------------------------------
------------------------
State = --------------
Date A = -------------------
Date B = ---------------------------

Dear ---------------:

This letter responds to a letter dated Date A, submitted on behalf of Taxpayer requesting an extension of time pursuant to §§ 301.9100-1 through 301.9100-3 of the Procedure and Administration Regulations to make an election under § 59(e) of the Internal Revenue Code and § 1.59-1(b) of the Income Tax Regulations for its taxable year ending Date B to amortize ratably over a 60-month period its intangible drilling and development costs (IDC) described in § 263(c).

FACTS

Taxpayer represents that the facts are as follows:

Taxpayer is a corporation organized in State. Taxpayer is engaged in the acquisition, exploration, development, and production of crude oil, natural gas, and natural gas liquids in North America. Taxpayer uses the accrual method for maintaining its books and filing its federal tax returns, and Taxpayer’s annual accounting period is the calendar year.

Taxpayer intended to make an election under § 59(e) and § 1.59-1(b) for its taxable year ending Date B to amortize ratably over a 60-month period its intangible drilling and development costs described in § 263(c). However, Taxpayer did not timely

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file its tax return for the taxable year ending Date B, or timely file an extension. As a consequence, Taxpayer cannot timely make an election under § 59(e) for its taxable year ending Date B. Taxpayer has made representations explaining why the tax return, and thus the election under § 59(e), were not timely filed. Additionally, Taxpayer represents that it acted reasonably and in good faith within the meaning of § 301.9100- 3(b)(1) and that granting relief will not prejudice the interests of the Government.

LAW AND ANALYSIS

Section 59(e)(1) allows a taxpayer to deduct ratably over a specified period any qualified expenditure to which an election under § 59(e)(1) applies.

Section 59(e)(2) includes in the definition of "qualified expenditure" any amount which, but for an election under § 59(e), would have been allowable as a deduction (determined without regard to § 291) for the taxable year in which paid or incurred under § 263(c) (relating to intangible drilling and development expenditures).

Section 59(e)(1) allows a taxpayer to deduct intangible drilling and development expenditures ratably over the 60-month period beginning with the month in which such expenditure was paid or incurred).

Section 59(e)(3) specifically prohibits the deduction of the qualified expenditures under any other section of the Code if this option is elected. Section 59(e)(4)(A) allows a taxpayer to make an election under § 59(e)(1) for any portion of any qualified expenditure.

Section 1.59-1(b)(1) prescribes the time and manner of making the election under § 59(e). According to § 1.59-1(b)(1), an election under § 59(e) shall only be made by attaching a statement to the taxpayer's income tax return (or amended return) for the taxable year in which the amortization of the qualified expenditures subject to the § 59(e) election begins. The taxpayer must file the statement no later than the date prescribed by law for filing the taxpayer's original income tax return (including any extensions of time) for the taxable year in which the amortization of the qualified expenditures subject to the § 59(e) election begins.

Under § 301.9100-1(c), the Commissioner in exercising the Commissioner's discretion may grant a reasonable extension of time under the rules set forth in §§ 301.9100-1 through 301.9100-3 to make a regulatory election, or a statutory election (but no more than six months except in the case of a taxpayer who is abroad), under all subtitles of the Code, except subtitles E, G, H, and I.

Sections 301.9100-1, 301.9100-2, and 301.9100-3 provide the standards the Commissioner will use to determine whether to grant an extension of time to make a regulatory election. Section 301.9100-1(a).

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Section 301.9100-2 allows automatic extensions of time for making certain elections. Section 301.9100-3 allows extensions of time for making elections that do not meet the requirements of § 301.9100-2.

The Commissioner will grant requests for relief under § 301.9100-3 when the taxpayer provides the evidence (including affidavits described in § 301.9100-3(e)) to establish to the satisfaction of the Commissioner that the taxpayer acted reasonably and in good faith, and the grant of relief will not prejudice the interests of the Government. Section 301.9100-3(a).

Section 301.9100-3(b)(1) provides, in part, that a taxpayer is deemed to have acted reasonably and in good faith if the taxpayer requests relief under § 301.9100-3 before the failure to make the regulatory election is discovered by the Internal Revenue Service or the taxpayer reasonably relied on a qualified tax professional, including a tax professional employed by the taxpayer, and the tax professional failed to make, or advise the taxpayer to make, the election.

Section 301.9100-3(b)(3) provides, in part, that a taxpayer is deemed to have not acted reasonably or in good faith if the taxpayer seeks to alter a return position for which an accuracy-related penalty has been or could be imposed under § 6662 at the time the taxpayer requests relief (taking into account any qualified amended return filed within the meaning of § 1.6664-2(c)(3) of this chapter) and the new position requires or permits a regulatory election for which relief is requested; the taxpayer was informed in all material respects of the required election and related tax consequences, but chose not to file the election; or the taxpayer uses hindsight in requesting relief.

Section 301.9100-3(c)(1)(i) provides, in part, that the Government's interests are considered prejudiced if granting relief would result in a taxpayer having a lower tax liability in the aggregate for all taxable years affected by the election than the taxpayer would have had if the election had been timely made (taking into account the time value of money). Additionally, § 301.9100-3(c)(1)(ii) provides, in part, that the Government's interests ordinarily are prejudiced if the taxable year in which the regulatory election should have been made or any taxable years that would have been affected by the election had it been timely made are closed by the period of limitations on assessment under § 6501(a) before the taxpayer's receipt of a ruling granting relief under § 301.9100-3.

CONCLUSION

Based solely on the facts and representations submitted, we conclude that the requirements of §§ 301.9100-1 through 301.9100-3 have been satisfied. Accordingly, the Commissioner grants Taxpayer an extension of time of 60 calendar days from the date of this letter to make the election under § 59(e) and § 1.59-1(b) for its taxable year

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ending Date B to deduct ratably over a 60-month period its intangible drilling and development costs described in § 263(c).

The § 59(e) election must comply with the requirements of § 1.59-1(b). Section 1.59-1(b) requires, in part, that an election under § 59(e) be made by attaching a statement to the taxpayer's income tax return (or amended return) for the taxable year in which the amortization of the qualified expenditures subject to the § 59(e) election begins. The statement must include the taxpayer's name, address, and taxpayer identification number, and the type and amount of qualified expenditures identified in § 59(e)(2) that the taxpayer elects to deduct ratably over the applicable period described in § 59(e)(1). Taxpayer should attach a copy of this letter to the tax return. We have enclosed a copy for that purpose.

This letter ruling does not grant an extension of time for filing Taxpayer's federal income tax return for the taxable year ending Date.

The rulings contained in this letter are based upon information and representations submitted by Taxpayer and Taxpayer’s representative and accompanied by a penalties of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination.

Except as specifically set forth above, we express no opinion concerning the federal tax consequences of the facts described above under the cited provisions or any other provisions of the Code and the regulations thereunder. Specifically, we express or imply no opinion on whether Taxpayer satisfies the requirements of § 263(c) or § 59(e).

This letter ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) provides that it may not be used or cited as precedent.

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In accordance with the power of attorney on file with this office, we are sending a copy of this letter to Taxpayer's authorized representative. We are also sending a copy of this letter to the appropriate Industry Director, LB&I. A copy of this ruling must be attached to any income tax return to which it is relevant. Alternatively, taxpayers filing their returns electronically may satisfy this requirement by attaching a statement to their return that provides the date and control number of the letter ruling.

Sincerely,

Associate Chief Counsel
(Passthroughs and Special Industries)

By: _______
Brenda M. Stewart
Senior Counsel, Branch 6
Office of Associate Chief Counsel
Passthroughs & Special Industries

Enclosures (2):
Copy of this letter
Copy for § 6110 purposes