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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CCA

IRS advice on taxpayer consent and JCT disclosure

Chief Counsel advice considers whether submitting a closing agreement to the Joint Committee on Taxation before an examination is complete could disclose return information improperly. Because the…

201235012·August 31, 2012
Advice
TAM

100 percent reinsurance reduces the unearned premium reserve

The Technical Advice Memorandum considers whether a nonlife insurance company may maintain an unearned premium reserve for contracts whose insurance risk was fully reinsured. The IRS concludes that…

201235011·August 31, 2012
Denied
CCA

IDC preference exception unavailable with negative AMTI

Chief Counsel advice addresses the alternative minimum tax treatment of intangible drilling cost preferences for a non-integrated oil company with negative alternative minimum taxable income. The…

201235010·August 31, 2012
Advice
CCA

Unauthorized Form 872-I signature did not extend assessment period

Chief Counsel advice considers whether a Form 872-I validly extended the assessment period when it was signed by a Revenue Agent without delegated authority. The IRS concludes that the consent was…

201235009·August 31, 2012
Advice
PLR

Late QSST election restored S corporation and QSub status

A corporation requested relief after the income beneficiary of a trust failed to timely make the election required for qualified subchapter S trust treatment. The failure made the corporation's S…

201235008·August 31, 2012
Approved
PLR

Extension granted for a late foreign-currency election

A U.S. corporation requested more time to make a foreign-currency gain or loss election for a controlled foreign corporation. The election had been omitted from a consolidated return even though the…

201235007·August 31, 2012
Approved
PLR

Trust and life insurance rulings for an irrevocable trust

A taxpayer requested rulings on two irrevocable trusts, including a trust that would acquire a life insurance policy from another trust. The IRS addressed grantor trust treatment, beneficiary…

201235006·August 31, 2012
Mixed outcome
PLR

Extension granted for consolidated NOL carryback election

A consolidated corporate group requested more time to elect an extended carryback period for a consolidated net operating loss. The group intended to make the election but failed to file a valid…

201235005·August 31, 2012
Approved
PLR

Late S corporation election allowed for reasonable cause

A newly incorporated company intended to elect S corporation status but did not timely file Form 2553. The IRS found reasonable cause for the late filing. It allowed the company to make the election…

201235004·August 31, 2012
Approved
PLR

Extension granted for a late ratable allocation election

An affiliated group and a subsidiary asked for more time to make a ratable allocation election after the subsidiary left the consolidated group. The IRS concluded that the taxpayers acted reasonably…

201235003·August 31, 2012
Approved
PLR

Refined coal qualifies for the credit subject to testing conditions

A taxpayer planned to produce refined coal by mixing coal with chemical additives designed to reduce nitrogen oxide and mercury emissions. The IRS ruled that the product could qualify as refined…

201235002·August 31, 2012
Approved
PLR

Separate-account ownership differs by contract type

A life insurance company planned to restructure how it held real estate investments backing pension and non-pension annuity contracts. The IRS concluded that the insurer would remain the federal tax…

201235001·August 31, 2012
Approved
PLR

Pension plan amendments approved as reasonable and de minimis

A company in Chapter 11 bankruptcy asked whether amendments to its pension plan were reasonable and caused only de minimis increases in plan liabilities. The amendments traded some benefit increases…

201234036·August 24, 2012
Approved
PLR

Five-year amortization extension approved for plan liabilities

A multiemployer pension plan requested a five-year automatic extension to amortize unfunded liabilities. The IRS approved the extension after finding that the plan submitted the required…

201234035·August 24, 2012
Approved
PLR

60-day rollover waiver denied

An individual asked the IRS to waive the 60-day deadline for rolling a retirement-plan distribution into another qualified retirement account. The individual said that he did not know about the…

201234034·August 24, 2012
Denied
PLR

60-day IRA rollover waiver granted

An older taxpayer moved a distribution from one IRA intending to place it into a self-directed IRA and invest through a loan opportunity. Financial professionals instead deposited the funds into a…

201234033·August 24, 2012
Approved
PLR

Late Roth IRA recharacterization allowed

A married couple made a Roth IRA conversion even though their income was above the applicable 2008 limit. They asked for more time to recharacterize the failed conversion as a traditional IRA…

201234032·August 24, 2012
Approved
PLR

Medical crisis supports a 60-day IRA rollover waiver

A taxpayer withdrew funds from an IRA while preparing for a possible separation and intended to roll them into an IRA for his spouse. During the 60-day period, the taxpayer's young son experienced a…

201234031·August 24, 2012
Approved
DET

Determination 201234030: IRS denies 501(c)(3) exemption to a foreclosure mortgage organization

The IRS denied tax-exempt status to an organization that planned to buy defaulted mortgages, restructure them, and foreclose on or sell homes when borrowers did not keep their homes. The…

201234030·August 24, 2012
Denied
DET

Determination 201234029: IRS denies exemption to a conservation farm organization

The IRS denied tax-exempt status to an organization that planned to preserve farmland and protect wildlife while continuing to operate the property as a commercial hay farm. The organization’s…

201234029·August 24, 2012
Denied
DET

Determination 201234028: IRS denies exemption to a private homeowners association

The IRS denied section 501(c)(4) exemption to a homeowners association that maintained parks, roads, and other facilities for subdivision property owners. Membership and park access were limited to…

201234028·August 24, 2012
Denied
CCA

CCA 201234027: Nonrefundable milestone payments do not qualify for the success-fee safe harbor

Chief Counsel Advice concluded that nonrefundable milestone payments credited against a success-based fee are not themselves success-based fees. The advice described a transaction in which two $1…

201234027·August 24, 2012
Advice
CCA

CCA 201234026: A go-shop provision does not change the bright-line date

Chief Counsel Advice concluded that a go-shop provision in a fully executed merger agreement did not change the bright-line date for allocating transaction costs. The agreement was executed and…

201234026·August 24, 2012
Advice
CCA

CCA 201234025: Slot-machine reporting procedures can satisfy the annual TIN solicitation exception

Chief Counsel Advice considered a gaming establishment that prepared Forms W-2G for slot-machine jackpots of $1,200 or more and later learned that some taxpayer identification numbers were…

201234025·August 24, 2012
Advice
CCA

CCA 201234024: Vineyard development costs may qualify for section 179 expensing

Chief Counsel Advice concluded that a vineyard planted in 2005 and placed in service in 2009 could qualify as section 179 property. The advice treated the vineyard as tangible property to which…

201234024·August 24, 2012
Advice
PLR

IRS grants extra time to make an extended NOL carryback election

The IRS granted a consolidated corporate group 60 additional days to make an election for an extended net operating loss carryback period. The group had failed to timely file the election after…

201234023·August 24, 2012
Approved
PLR

IRS grants late S corporation election relief

The IRS granted a corporation relief for failing to timely elect S corporation status. The corporation established reasonable cause for the late election under section 1362(b)(5). The IRS allowed…

201234022·August 24, 2012
Approved
PLR

IRS denies section 9100 relief for a late NOL carryback election

The IRS denied a request for extra time to make an election to carry back a net operating loss three, four, or five years under section 172(b)(1)(H). The taxpayers’ return was filed late after…

201234021·August 24, 2012
Denied
PLR

IRS grants extra time for a rehabilitation credit pass-through election

The IRS granted a taxpayer 120 days to make a late election that would pass rehabilitation credits from a property owner to its tenant. The taxpayer had relied on an attorney and a certified public…

201234020·August 24, 2012
Approved
PLR

IRS grants relief for a late S corporation election

The IRS granted a corporation 120 days to file Form 2553 and make a late election to be treated as an S corporation. The corporation had intended the election to take effect on a specified date, but…

201234019·August 24, 2012
Approved
PLR

IRS approves a cooperative's qualified intermediary and patronage-income treatment

The IRS ruled that a cooperative's disregarded qualified intermediary could provide qualified intermediary services for its shareholders' like-kind exchanges without being treated as a disqualified…

201234018·August 24, 2012
Approved
PLR

IRS says offsetting currency forwards are not substantially similar to a listed transaction

The IRS ruled that a taxpayer's proposed offsetting foreign-currency forward contracts were not the same as, or substantially similar to, the listed transaction described in Rev. Rul. 2000-12. The…

201234017·August 24, 2012
Approved
PLR

IRS grants extra time to allocate generation-skipping transfer tax exemption

The IRS granted a taxpayer 120 days to allocate generation-skipping transfer tax exemption to two transfers made to an irrevocable trust. The taxpayer's accounting firm had prepared and filed the…

201234016·August 24, 2012
Approved
PLR

IRS grants extra time to elect partnership classification

The IRS granted a foreign eligible entity 120 days to file Form 8832 and elect to be treated as a partnership for federal tax purposes. The entity had intended to make that classification effective…

201234015·August 24, 2012
Approved
PLR

IRS grants relief for a late S corporation election

The IRS granted a corporation 120 days to file Form 2553 and make a late election to be treated as an S corporation effective on a specified date. The corporation had reasonable cause for not making…

201234014·August 24, 2012
Approved
PLR

IRS grants extra time to elect disregarded-entity treatment

The IRS granted a foreign single-member entity 120 days to file Form 8832 and elect to be treated as a disregarded entity for federal tax purposes. The entity had intended that classification to…

201234013·August 24, 2012
Approved
PLR

IRS grants extra time for an extended consolidated NOL carryback election

The IRS granted a consolidated group 60 days to make an election under section 172(b)(1)(H) to carry back a consolidated net operating loss for three, four, or five years instead of the usual…

201234012·August 24, 2012
Approved
PLR

IRS grants relief for a late S corporation election

The IRS granted a corporation 120 days to file Form 2553 and make a late election to be treated as an S corporation effective on a specified date. The IRS found that the corporation had reasonable…

201234011·August 24, 2012
Approved
PLR

IRS grants relief for a late S corporation election

The IRS granted a corporation 120 days to file Form 2553 and make a late election to be treated as an S corporation effective on a specified date. The IRS found that the corporation had reasonable…

201234010·August 24, 2012
Approved
PLR

IRS approves tax-free split-offs of two businesses

The IRS approved a proposed transaction in which an S corporation would contribute portions of its business assets to two newly formed corporations and distribute the stock of each new corporation…

201234009·August 24, 2012
Approved
PLR

IRS restores S-corporation status after a missed QSST election

A corporation asked the IRS to restore its S-corporation status after stock was transferred to a trust whose income beneficiary did not timely file the required QSST election. The IRS concluded that…

201234008·August 24, 2012
Approved
PLR

IRS restores S-corporation status after a trust loses its two-year shareholder period

The IRS restored a corporation's S-corporation status after a trust continued holding its stock beyond the two-year period during which the trust was an eligible shareholder following the deemed…

201234007·August 24, 2012
Approved
PLR

IRS treats excess mortgage servicing spreads as REIT real estate assets

The IRS ruled that a real estate investment trust's excess mortgage servicing spreads would qualify as interests in mortgages on real property and therefore as real estate assets for the REIT asset…

201234006·August 24, 2012
Approved
PLR

IRS treats pipeline water-delivery income as qualifying partnership income

The IRS ruled that a publicly traded partnership's distributive share of income from a related partnership's water-delivery pipeline would be qualifying income under section 7704(d)(1)(E). The…

201234005·August 24, 2012
Approved
PLR

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

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

201234004·August 24, 2012
Approved
PLR

IRS grants late-election relief for S-corporation status

The IRS granted a corporation relief for failing to timely file its election to be treated as an S corporation. The IRS found reasonable cause for the late filing under section 1362(b)(5) and…

201234003·August 24, 2012
Approved
PLR

IRS restores S-corporation status after missed ESBT elections

The IRS restored a corporation's S-corporation status after four trusts became shareholders without timely electing to be electing small business trusts. It concluded that the corporation's S…

201234002·August 24, 2012
Approved
PLR

IRS preserves S-corporation status after disproportionate distributions

The IRS ruled that disproportionate distributions by an S corporation did not create a prohibited second class of stock because the corporation's governing documents and binding agreements gave all…

201234001·August 24, 2012
Approved
PLR

IRS rejects requested limits on minimum pension contributions

A sponsoring employer asked the IRS to limit its pension contributions to amounts specified in collective bargaining agreements, despite potentially higher minimum funding contributions under the…

201233034·August 17, 2012
Denied
PLR

IRS approves a five-year extension for multiemployer plan liabilities

The IRS approved a plan's request for a five-year automatic extension to amortize unfunded liabilities arising as of January 1, 2008. The extension applied to specified amortization charge bases and…

201233033·August 17, 2012
Approved
PLR

IRS approves return of certain pension contributions

The IRS approved treating specified contributions to a defined benefit pension plan as disallowed contributions solely for purposes of applying Revenue Ruling 91-4. This allowed the plan to return…

201233032·August 17, 2012
Approved
PLR

IRS approves a five-year extension for unfunded pension liabilities

The IRS approved a plan's request for a five-year automatic extension to amortize unfunded liabilities arising as of July 1, 2009. The extension applied to eligible amortization charge bases…

201233031·August 17, 2012
Approved
PLR

IRS approves a five-year extension to amortize a plan's unfunded liabilities

The IRS approved a request from a multiemployer plan for a five-year automatic extension to amortize unfunded liabilities existing as of January 1, 2011. The approval applies to eligible…

201233030·August 17, 2012
Approved
PLR

IRS approves a five-year extension to amortize a plan's unfunded liabilities

The IRS approved a request from a multiemployer plan for a five-year automatic extension to amortize unfunded liabilities existing as of July 1, 2009. The approval applies to eligible amortization…

201233029·August 17, 2012
Approved
PLR

IRS approves a five-year extension for amortizing a pension plan's unfunded liabilities

The IRS approved a plan's request for a five-year automatic extension to amortize unfunded liabilities as of September 1, 2008. The extension applied to the plan year beginning September 1 of a…

201233028·August 17, 2012
Approved
PLR

IRS recognizes a nonprofit corporation's 401(k) arrangement as a church plan

The IRS concluded that a defined contribution plan sponsored by a church-controlled nonprofit corporation was a church plan under IRC § 414(e). The corporation was tax-exempt, controlled through an…

201233027·August 17, 2012
Approved
PLR

IRS grants a conditional minimum funding waiver to an aerospace company pension plan

The IRS granted a pension plan a conditional waiver of the minimum funding standard for a redacted plan year. The employer had experienced a sharp decline in its aircraft maintenance business, was…

201233026·August 17, 2012
Approved
PLR

IRS waives the 60-day IRA rollover deadline after a financial institution error

The IRS waived the 60-day rollover deadline for a 75-year-old taxpayer whose financial institution deposited part of an IRA distribution into a non-IRA account despite her instructions. She…

201233025·August 17, 2012
Approved
PLR

IRS waives the 60-day IRA rollover deadline because of a medical condition

The IRS waived the 60-day deadline for a taxpayer to roll a distribution from an IRA into another IRA. The taxpayer, who was age 73, said medical treatment caused short-term memory loss and impaired…

201233024·August 17, 2012
Approved
PLR

IRS approves limited reversion treatment for defined benefit plan contributions

The IRS approved a request involving employer contributions to a qualified defined benefit pension plan. It determined that contributions totaling a redacted amount may be treated as disallowed…

201233023·August 17, 2012
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.