Ezel / IRS Rulings / 201550035
Chief Counsel Advice 201550035 Released December 11, 2015 Advice

Credit election moved after assessment period was not covered by revenue ruling

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This page covers one taxpayer's ruling from 2015, which can't be cited as precedent. Ezel answers your situation under the current Code and IRS guidance, with citations.

Currency note: this determination was released in 2015
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 resolved one taxpayer's situation on its specific facts, 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 Rev. Rul. 85-67 did not apply when a credit election was not transferred to the following tax year, which had an unassessed liability, until after the assessment statute expiration date. The IRS planned to clarify the Internal Revenue Manual's Statute Handbook on that point.

Ruling snapshot

  • Question: Did Rev. Rul. 85-67 apply when a credit election was moved to the later year only after the assessment period expired?
  • Outcome: Advice given
  • Key authorities: IRC § 6401; Rev. Rul. 85-67; IRM 25.6

Full text (IRS public release)

ID: CCA_2015111709354958 [Third Party Communication:

UILC: 6401.01-00 Date of Communication: Month DD, YYYY]

Number: 201550035
Release Date: 12/11/2015
From:
Sent: Tuesday, November 17, 2015 9:35:49 AM
To:
Cc:
Bcc:
Subject: Effect of failure to move payment to credit-elect year

Thanks for bringing this to our attention. Rev. Rul. 85-67 does not apply where a credit
elect was not applied to the subsequent year with the unassessed liability until after the
ASED. We plan on clarifying the Statute Handbook (IRM 25.6) in this regard.

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