IRS Written Determinations

Free IRS private letter rulings, technical advice memoranda, and Chief Counsel advice with plain-English summaries and the official IRS release on every page.

42,150 determinations and counting · Newest release October 16, 2026
42,150 determinations

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DET

IRS denies minimum-funding waiver for financially distressed academic institution

The IRS denied a nonprofit academic institution’s request for a waiver of the minimum funding standard for its pension plan. The institution reported permanent financial distress, including…

201316025·April 19, 2013
Denied
PLR

PLR 201316024: IRS declines to waive rollover deadline after escrow use

An individual withdrew funds from an IRA and placed them in a non-IRA escrow account to help a daughter qualify to purchase a foreclosed home. The taxpayer intended to return the funds to an IRA…

201316024·April 19, 2013
Denied
DET

IRS approves private foundation’s K-12 arts grant procedures

The IRS approved a private foundation’s procedures for educational grants to students in kindergarten through grade twelve. The program will pay up to half of qualifying tuition, training, or lesson…

201316023·April 19, 2013
Approved
DET

IRS approves private foundation scholarship procedures

The IRS approved a private foundation’s procedures for scholarships supporting youth and young adults in undergraduate or graduate education. The program is intended for applicants who demonstrate…

201316022·April 19, 2013
Approved
PLR

PLR 201316021: IRS approves estate settlement involving a private foundation

A private foundation was named to receive partnership interests and the residue of an estate, but the bequests and related purchase options became the subject of lengthy litigation and arbitration.…

201316021·April 19, 2013
Approved
CCA

Advice on offsetting tax overpayments against other liabilities

Chief Counsel’s office advised that a taxpayer does not need a statutory overpayment under § 6401(a) to have an overpayment for a tax year. The Service may examine the entire return to determine the…

201316020·April 19, 2013
Advice
CCA

Advice on levying military retirement benefits

Chief Counsel's office gave informal advice about whether federal tax levies may reach military retirement benefits. The advice states that property and property rights generally may be levied…

201316019·April 19, 2013
Advice
CCA

Advice on who may sign an LLC's Form 2848

Chief Counsel's office advised that the person signing a power of attorney for an LLC must have authority under state law to bind the LLC. In the described TEFRA proceeding, the tax matters partner,…

201316018·April 19, 2013
Advice
CCA

Advice on closing agreements after a foreign F reorganization

Chief Counsel's office advised that two foreign corporations converted into Societas Europaea entities could likely qualify as F reorganizations. The conclusion depended on the taxpayer's…

201316017·April 19, 2013
Advice
CCA

Advice on the limitations period for an NOL carryback refund claim

Chief Counsel's office advised that the limitations period in IRC § 6511(d)(2)(A) for net operating loss carrybacks is an additional period for filing a refund claim, not a replacement for the…

201316016·April 19, 2013
Advice
CCA

Advice on when an IRC § 6603 deposit becomes a tax payment

Chief Counsel's office advised that the refund limitations period begins when an IRC § 6603 deposit is converted and applied to pay an assessed tax liability. Before that application, the deposit is…

201316015·April 19, 2013
Advice
PLR

IRS grants more time to amend consent-dividend elections

The IRS granted a REIT an additional 45 days to amend consent-dividend elections after it mistakenly attributed all of the consent dividends to common stock instead of allocating some to…

201316014·April 19, 2013
Approved
PLR

Two classes of REIT shares with different fees will not create preferential dividends

The IRS ruled for a planned nonlisted REIT that would issue two classes of common stock with different selling commissions, distribution fees, and other class-specific expenses. The differences in…

201316013·April 19, 2013
Approved
PLR

IRS grants late S corporation election relief

The IRS granted a corporation relief for failing to timely file Form 2553 to elect S corporation status. The corporation showed reasonable cause for the late election. The IRS will recognize the…

201316012·April 19, 2013
Approved
PLR

IRS grants time for trust severance and reverse QTIP election

The IRS granted an estate 120 days to sever a marital trust into exempt and non-exempt trusts and make a reverse QTIP election for generation-skipping transfer tax purposes. The estate had timely…

201316011·April 19, 2013
Approved
PLR

IRS grants extra time to make a qualified real property debt election

The IRS granted an individual an additional 45 days to make an election to exclude cancellation-of-debt income from qualified real property business indebtedness and reduce the basis of depreciable…

201316010·April 19, 2013
Approved
PLR

IRS grants extra time to make a qualified real property debt election

The IRS granted an individual an additional 45 days to make an election to exclude cancellation-of-debt income from qualified real property business indebtedness and reduce the basis of depreciable…

201316009·April 19, 2013
Approved
PLR

IRS grants extra time to waive a life subgroup loss carryback

The IRS granted a parent company 60 days to file an election relinquishing the carryback period for a consolidated loss from operations of a life insurance subgroup. The election was not timely…

201316008·April 19, 2013
Approved
PLR

IRS grants extra time for a tax-exempt controlled entity election

The IRS granted a tax-exempt controlled corporation 60 days to make an election under section 168(h)(6)(F)(ii). The election allows the corporation to be treated as not tax-exempt for purposes of…

201316007·April 19, 2013
Approved
PLR

IRS grants extra time for a tax-exempt controlled entity election

The IRS granted a tax-exempt controlled corporation 60 days to make an election under section 168(h)(6)(F)(ii). The election allows the corporation to be treated as not tax-exempt for purposes of…

201316006·April 19, 2013
Approved
PLR

IRS modifies a prior ruling for a partnership structure

The IRS modified an earlier private letter ruling about income from mining and marketing silica for use in oil and gas production. The modification reflects a change in the planned initial public…

201316005·April 19, 2013
Other outcome
PLR

Estate settlement avoids GST tax and preserves a charitable deduction

The IRS ruled on an estate settlement resolving competing interpretations of a decedent’s will. The decedent had been adjudged incompetent before September 25, 1985, and did not regain competency…

201316004·April 19, 2013
Approved
PLR

Taxpayer granted extra time to elect treatment of capital gains as investment income

An individual asked for more time to elect to treat net capital gains as investment income for purposes of the investment interest deduction. The election had been missed because the taxpayer's…

201316003·April 19, 2013
Approved
PLR

Extra time granted to opt out of automatic GST exemption allocation

Spouses asked for more time to elect out of the automatic allocation of generation-skipping transfer tax exemption to several trusts. Their accountant had not advised them that the election was…

201316002·April 19, 2013
Approved
PLR

Extra time granted to opt out of automatic GST exemption allocation

Spouses asked for more time to elect out of the automatic allocation of generation-skipping transfer tax exemption to several trusts. Their accountant had not advised them that the election was…

201316001·April 19, 2013
Approved
DET

Determination 201315037: IRS revokes a feline organization’s tax exemption for private benefit and inadequate records

The IRS revoked a feline organization's section 501(c)(3) tax exemption, effective January 1, 2007. The organization educated the public about feline retroviruses and sheltered infected cats, but…

201315037·April 12, 2013
Revocation
PLR

PLR 201315036: IRS waives the 60-day IRA rollover deadline

The IRS granted a waiver of the 60-day rollover requirement for an IRA distribution. The taxpayer completed the rollover late after medical conditions impaired her ability to manage financial…

201315036·April 12, 2013
Approved
PLR

PLR 201315035: IRS waives the 60-day rollover deadline after a spouse's death

The IRS granted a waiver of the 60-day rollover requirement for a surviving spouse's distribution from a qualified retirement plan. The taxpayer delayed the rollover while dealing with emotional…

201315035·April 12, 2013
Approved
PLR

PLR 201315034: IRS waives the 60-day IRA rollover deadline after erroneous advice

The IRS waived the 60-day rollover requirement for an IRA distribution after the taxpayer relied on erroneous information from an investment-service representative. The taxpayer believed the amount…

201315034·April 12, 2013
Approved
DET

Determination 201315033 approves a private foundation scholarship procedure

The IRS approved a private foundation's procedures for awarding scholarships to qualifying students. The proposed program would provide educational grants to indigent individuals, with selection…

201315033·April 12, 2013
Approved
DET

Determination 201315032 approves an employer-related scholarship procedure

The IRS approved an employer-related scholarship program operated by a private foundation. The program was designed to support qualifying dependents of associates and employees connected with the…

201315032·April 12, 2013
Approved
PLR

PLR 201315031: Ranch property is used directly for exempt purposes

The IRS ruled that a private foundation's ranch was used and held for use directly in carrying out charitable, educational, and scientific purposes. The ranch supported a religious retreat and a…

201315031·April 12, 2013
Approved
PLR

PLR 201315030: IRS approves a tax-exempt country club's liquidation of its property subsidiary

A tax-exempt country club asked whether it could completely liquidate its tax-exempt subsidiary and receive the subsidiary's assets and liabilities without recognizing gain or loss. The subsidiary…

201315030·April 12, 2013
Approved
DET

Determination 201315029 denies exemption to a video-education organization

The IRS issued a final adverse determination denying exemption under IRC § 501(c)(3) to an organization that edited, packaged, and sold educational video books. The organization did not have a…

201315029·April 12, 2013
Denied
DET

Determination 201315028 denies exemption to a medical-practice network

The IRS issued a final adverse determination denying exemption under IRC § 501(c)(3) to a nonprofit medical-practice network. The organization planned to collect and analyze practice data, provide…

201315028·April 12, 2013
Denied
DET

Determination 201315027 denies exemption to an administrative-services organization

The IRS denied exemption under IRC § 501(c)(3) to an organization formed to provide management, human resources, finance, health-record, information-technology, property, transportation, and…

201315027·April 12, 2013
Denied
CCA

CCA 201315026: New partnership continues the old partnership after a merger

Chief Counsel advice addresses whether a new partnership continued an original partnership for purposes of appointing a tax matters partner. The transaction involved a merger with a disregarded…

201315026·April 12, 2013
Advice
CCA

CCA 201315025: Remailing a notice to a requested address

Chief Counsel advice considers how the Service should handle a notice that was sent to the taxpayer's last known address and later needs to be remailed to another requested address. Assuming the…

201315025·April 12, 2013
Advice
CCA

CCA 201315024: Section 6229 extends, but does not shorten, the assessment period

Chief Counsel advice explains the relationship between the TEFRA partnership audit rules and the general assessment limitation period. The memo states that section 6501(a) supplies the period for…

201315024·April 12, 2013
Advice
CCA

CCA 201315023: Employment-tax refund offsets are limited to the employee share

Chief Counsel advice considers refunds for taxpayers who originally reported wages as self-employment income and paid self-employment tax. The memo concludes that section 6521 permits the Service to…

201315023·April 12, 2013
Advice
CCA

CCA 201315022: Interpreting the two-year Chapter 13 discharge rule

Chief Counsel advice interprets the phrase “such order” in Bankruptcy Code section 1328(f)(2). The memo reads that phrase as referring to the order for relief under the bankruptcy chapter, because…

201315022·April 12, 2013
Advice
CCA

CCA 201315021: Suggested legal analysis for a recapitalization

Chief Counsel advice supplies suggested language for the law section of a recapitalization analysis. It identifies the general income rule and the nonrecognition rules for exchanges of stock or…

201315021·April 12, 2013
Advice
CCA

CCA 201315020: Insolvency does not by itself disqualify a tax-free merger

Chief Counsel advice states that a merger otherwise qualifying for tax-free treatment is not disqualified merely because one corporation is insolvent. The memo separately explains that stock…

201315020·April 12, 2013
Advice
PLR

PLR 201315019: Controlled may head a consolidated group after a spin-off

The IRS ruled on a supplement to an earlier private letter ruling involving a corporate spin-off. A distributing corporation formed Controlled, transferred subsidiaries to it, and distributed…

201315019·April 12, 2013
Approved
CCA

CCA 201315018: Freeze-control mixture sprayed on coal does not qualify for the fuel credit

Chief Counsel advice considers whether a mixture of glycerin, diesel fuel, and water qualifies for the alternative fuel mixture credit when sprayed on coal as a freeze-control agent. The mixture…

201315018·April 12, 2013
Advice
CCA

CCA 201315017: Information-return penalties are divisible by failure

Chief Counsel advice addresses whether penalties under sections 6721 and 6722 are divisible for refund-suit jurisdiction. The advice concludes that both penalties are based on separate underlying…

201315017·April 12, 2013
Advice
PLR

PLR 201315016: IRS approves a multi-step corporate spin-off and related reorganizations

The IRS approved a complex series of contributions, reorganizations, and spin-offs involving several distributing and controlled corporations. The ruling treats the described contribution and…

201315016·April 12, 2013
Approved
PLR

PLR 201315015: Gasoline and LPG processing income is qualifying partnership income

The IRS ruled that income from processing natural gas into gasoline and liquefied petroleum gas, and from marketing those products, would be qualifying income for a publicly traded partnership under…

201315015·April 12, 2013
Approved
PLR

PLR 201315014: Taxpayers receive more time to allocate GST exemption

The IRS granted an extension of time for two taxpayers to allocate generation-skipping transfer tax exemption to transfers made to an irrevocable trust. An accountant prepared the taxpayers' gift…

201315014·April 12, 2013
Approved
PLR

PLR 201315013: Estate receives 120 more days to make the section 1022 election

The IRS granted an estate an additional 120 days to file Form 8939, make the section 1022 election, and allocate basis increases to eligible property acquired from a decedent who died in 2010. The…

201315013·April 12, 2013
Approved
PLR

PLR 201315012: S corporation election remains effective after an inadvertent termination

The IRS granted relief to a corporation whose S corporation election terminated when a trust became a shareholder without making the required qualified subchapter S trust election. The trust had…

201315012·April 12, 2013
Approved
PLR

PLR 201315011: Estate receives more time to make the section 1022 election

The IRS granted the co-trustees of an estate an additional 120 days to file Form 8939, make the section 1022 election, and allocate basis increases to eligible property acquired from a decedent who…

201315011·April 12, 2013
Approved
PLR

PLR 201315010: Entity receives relief for late corporation and S corporation elections

The IRS granted an entity 120 days to make a late election to be treated as a corporation for federal tax purposes and to file a late S corporation election. The entity had intended both elections…

201315010·April 12, 2013
Approved
PLR

PLR 201315009: Recapitalization and spin-off qualify for stated tax treatment

The IRS ruled on a proposed transaction in which a publicly traded parent would recapitalize a subsidiary and distribute the subsidiary's common stock pro rata to the parent's shareholders. The…

201315009·April 12, 2013
Approved
PLR

PLR 201315008: Interest-rate hedging income qualifies as publicly traded partnership income

The IRS ruled that income earned by a publicly traded limited partnership from treasury locks, interest rate swaps, forward-start interest rate swaps, and interest rate caps was qualifying income…

201315008·April 12, 2013
Approved
PLR

PLR 201315007: Certain REIT loans are not securities for the 25-percent TRS asset test

The IRS ruled that mortgage loans secured by real property and qualifying mezzanine loans held by a real estate investment trust would not be treated as securities for the 25-percent value test…

201315007·April 12, 2013
Approved
PLR

PLR 201315006: Taxpayer receives more time to allocate GST exemption to a trust transfer

The IRS granted a taxpayer an additional 120 days to allocate generation-skipping transfer tax exemption to a lifetime transfer of limited partnership interests to an irrevocable trust. The taxpayer…

201315006·April 12, 2013
Approved
PLR

PLR 201315005: Estate receives more time to allocate GST exemption to trust transfers

The IRS granted a 120-day extension to allocate a deceased spouse's available generation-skipping transfer tax exemption to transfers made to a trust over 21 years. The couple had hired an…

201315005·April 12, 2013
Approved
PLR

PLR 201315004: REIT's planned property sales are not prohibited transactions

The IRS considered a real estate investment trust's planned sales and other dispositions of properties during a debt restructuring and portfolio liquidation. The taxpayer represented that it…

201315004·April 12, 2013
Approved
PLR

PLR 201315003: S corporation election reinstated after missed QSST elections

The IRS ruled on an S corporation whose shares had been transferred to five trusts. The trust beneficiaries had failed to make timely qualified subchapter S trust (QSST) elections, which caused the…

201315003·April 12, 2013
Approved

What these documents are

  • Private letter rulings (PLRs): A taxpayer asked the IRS to rule on a planned transaction before doing it. The ruling shows exactly how the IRS applied the Code to those facts.
  • Technical advice memoranda (TAMs): The IRS National Office answering a question raised during an audit or other proceeding.
  • Chief Counsel advice (CCAs): IRS lawyers advising their own field staff on how to apply the law.
  • Determination letters: Rulings on exempt-organization matters, such as whether an organization qualifies under § 501(c)(3) or a foundation's grant procedures pass § 4945.
  • Not precedent, still useful: Under 26 U.S.C. § 6110(k)(3) none of these can be cited as precedent. They remain the best public window into how the IRS actually rules on facts like yours, and practitioners read them for exactly that.