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.
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PLR 200710013: Endowment contract will not create unrelated business taxable income for trust
A charitable remainder unitrust would receive payouts under a contract tied to an educational organization's endowment. The organization was the trust's trustee and remainder beneficiary. The trust…
Determination 200710012: IRS revokes charity's exemption after bingo funds benefit private parties
The IRS revoked a dissolved organization's section 501(c)(3) exemption retroactively. The organization had raised money through bingo and raffles for a stated charitable purpose, but the examination…
PLR 200710011: Stock par value change and repurchase plan preserve spin-off rulings
A corporation sought a supplement to an earlier ruling that its stock distribution qualified as tax free under section 355. After the distribution, the controlled company wanted to redenominate its…
PLR 200710010: Foreign entity gets more time to elect disregarded status
Several foreign entities intended to elect treatment as disregarded entities but missed the Form 8832 filing deadline. One of them, identified as D, requested more time for its election. The IRS…
PLR 200710009: Foreign entity gets more time to elect disregarded status
Several foreign entities intended to elect treatment as disregarded entities but missed the Form 8832 filing deadline. One of them, identified as C, requested more time for its election. The IRS…
PLR 200710008: Foreign entity gets more time to elect disregarded status
Several foreign entities intended to elect treatment as disregarded entities but missed the Form 8832 filing deadline. One of them, identified as E, requested more time for its election. The IRS…
PLR 200710007: Late S corporation election receives relief
A corporation intended to elect S corporation status from its incorporation date but did not file the election on time. The IRS found reasonable cause for the delay under section 1362(b)(5) and…
PLR 200710006: Late S corporation election receives relief
A corporation's shareholders intended to elect S corporation status from a redacted date, but the election was not filed on time. The IRS found reasonable cause for the delay under section…
PLR 200710005: Late S corporation election receives relief
A corporation's shareholder intended to elect S corporation status from the incorporation date, but the election was not filed on time. The IRS found reasonable cause for the delay under section…
PLR 200710004: Insolvent subsidiary conversion can trigger worthless stock deduction
A consolidated group's parent planned to convert an insolvent subsidiary into a disregarded LLC and sought rulings on a worthless stock deduction. Assuming the deduction's other requirements were…
PLR 200710003: Restructuring qualifies as F reorganizations before business sale
A corporate group planned a multi-step transfer of a business to an unrelated buyer. It would first move interests in three foreign joint ventures into new corporations and make entity…
PLR 200710002: LLC gets more time to elect corporate tax treatment
A single owner LLC intended to be taxed as a corporation from its formation date but did not file its entity classification election on time. The IRS concluded that the LLC met the requirements for…
PLR 200710001: Partial relief for missed GST exemption allocations
Two taxpayers' accountant failed to allocate generation skipping transfer (GST) tax exemption to gifts to two trusts and parts of gifts to two charitable remainder unitrusts. The IRS granted…
TAM 200709073: Credit union insurance income is taxable, while check sales are related
A tax exempt state credit union earned income from selling insurance, car warranties, financial products, and checks to members. The IRS concluded that income from six categories of insurance and…
TAM 200709072: Credit union product income is taxable except for check sales
A tax exempt state credit union earned income from offering insurance, car buying services, car warranties, and checks to members. The IRS concluded that income from five categories of insurance and…
Determination 200709071: Social welfare exemption revoked after missing returns and records
The IRS revoked an organization's section 501(c)(4) exemption effective January 1, 2002. Lottery records showed that the organization received charitable gaming income, but it had not filed Form 990…
Determination 200709070: Referral group's business league exemption revoked
An organization held weekly meetings where members exchanged business leads and referrals. Its bylaws limited membership to one business in each category, and members were expected to produce…
PLR 200709069: Employer gets more time to elect separate business lines for plan testing
A company acquired a subsidiary in a different business and wanted to test retirement plan coverage by qualified separate lines of business. Its advisers failed to tell it to file the required…
PLR 200709068: IRS waives rollover deadline after bank opened a non IRA account
A taxpayer asked to move assets from an IRA into a self-directed IRA brokerage account. A bank instead opened a regular brokerage account, and the mistake was discovered after the 60-day rollover…
PLR 200709067: Couple gets more time to recharacterize excess Roth IRA contributions
A married couple contributed to Roth IRAs for 2003 even though their joint income exceeded the limit for doing so. They reported the contributions as traditional IRA contributions on their return,…
Other 200709066: IRS revokes shelter charity's exemption over payments to its sole officer
An organization operated shelters for homeless veterans and raised money through bingo. Its president was its only remaining officer, owned the shelter properties, and controlled the organization's…
PLR 200709065: Foundation may own subsidiary serving its community development mission
A private foundation proposed to create a wholly owned subsidiary to advise investors, raise funds for community development investments, manage screened investments, and run a mutual fund aligned…
Other 200709064: IRS revokes aviation magazine publisher's charitable status
An organization said its quarterly aviation magazine taught flying safety, but the IRS examination found that most of its content concerned travel, entertainment, and advertising. The magazine was…
CCA 200709063: Intermodal terminal assets keep railroad depreciation classifications
A railroad sought a refund after reclassifying assets at its rail and truck intermodal terminals as motor freight property with a five-year depreciation period. Chief Counsel advised that the…
CCA 200709062: Taxpayers may send disputed tax deposits through EFTPS
Taxpayers under examination wanted to use the Electronic Federal Tax Payment System to make deposits under section 6603 and stop potential underpayment interest from growing. Chief Counsel advised…
CCA 200709061: Business ceased to be a railroad employer after its sale
The Railroad Retirement Board told the IRS that a business had ceased to be an employer under the railroad retirement and unemployment insurance laws. Chief Counsel reviewed that opinion and agreed…
CCA 200709060: Business is outside railroad employer coverage
The Railroad Retirement Board advised the IRS that a business was not a covered employer under the railroad retirement and unemployment insurance laws. Chief Counsel reviewed the Board's opinion and…
PLR 200709059: Foreign entity gets more time to elect disregarded status
A foreign entity acquired another foreign entity and intended the acquired entity to be disregarded as separate from its owner for federal tax purposes. The acquired entity missed the deadline to…
PLR 200709058: Utility's revised nuclear decommissioning funding schedule approved
An electric utility sought a revised formula for annual payments to its qualified nuclear decommissioning funds. The funds covered its original and later acquired interests in a nuclear plant, and a…
PLR 200709057: Utility's revised nuclear decommissioning funding schedule approved
An electric utility sought a revised formula for annual payments to its qualified nuclear decommissioning funds. The funds covered its original and later acquired interests in a nuclear plant, and a…
PLR 200709056: Some layoff benefits escape FICA and FUTA, while others are wages
A company and union created a plan to pay laid-off employees benefits that supplement state unemployment compensation. The IRS found that the plan qualified as a supplemental unemployment benefit…
PLR 200709055: IRS revokes a capital contribution ruling after customer ties emerge
An earlier ruling said a transfer of facilities to a corporation was a nonshareholder capital contribution excluded from income under IRC § 118(a). That ruling relied on a representation that the…
PLR 200709054: Share exchange in cross-border merger qualifies for transfer exception
A U.S. corporation planned a two-step merger that would give its shareholders cash and shares of a foreign corporation. The shareholders would otherwise face the general rule that taxes certain…
PLR 200709053: Consolidated group gets more time to waive loss carryback
A consolidated corporate group reported a net operating loss and filed its return as though it had elected to give up the loss carryback period. It had failed to attach the required election…
PLR 200709052: Consolidated group gets more time to waive loss carryback
A consolidated corporate group reported a net operating loss and filed its return as though it had elected to give up the loss carryback period. It had failed to attach the required election…
PLR 200709051: Unequal distributions did not end S corporation status
A two-member company changed its federal tax classification from a partnership to an S corporation. One member had received more partnership distributions, so the company made an equalizing payment…
PLR 200709050: Three-step distribution of subsidiary stock receives limited tax rulings
A corporate group proposed to separate two businesses by distributing a subsidiary's stock through three levels of ownership, ending with its foreign parent. The IRS ruled that the receiving…
PLR 200709049: Foreign insurer may use local annuity reserves in income calculation
A U.S. parent planned to establish a foreign insurance company that would sell annuities tied to pension obligations in its home country. It asked whether the reserves reported to that country's…
PLR 200709048: Parent company gets more time to waive consolidated loss carryback
A consolidated corporate group incurred a net operating loss but missed the deadline to elect against carrying it back to earlier years. It represented that none of the loss had been carried back…
PLR 200709047: Corporation may reelect S status before five-year wait ends
A corporation's former shareholders had ended its S corporation election, and an unrelated individual later acquired all its stock. The new owner wanted the corporation to elect S status again…
PLR 200709046: Acquired foreign entity gets time to elect disregarded status
A corporate group acquired a foreign entity and made an IRC § 338 election for the acquisition. It intended the acquired entity to be disregarded as separate from its owner but inadvertently failed…
PLR 200709045: Acquired foreign entity gets time to elect disregarded status
A corporate group acquired a foreign entity and made an IRC § 338 election for the acquisition. It intended the acquired entity to be disregarded as separate from its owner but inadvertently failed…
PLR 200709044: Acquired foreign entity gets time to elect disregarded status
A corporate group acquired a foreign entity and made an IRC § 338 election for the acquisition. It intended the acquired entity to be disregarded as separate from its owner but inadvertently failed…
PLR 200709043: Acquired foreign entity gets time to elect disregarded status
A corporate group acquired a foreign entity and made an IRC § 338 election for the acquisition. It intended the acquired entity to be disregarded as separate from its owner but inadvertently failed…
PLR 200709042: Acquired foreign entity gets time to elect disregarded status
A corporate group acquired a foreign entity and made an IRC § 338 election for the acquisition. It intended the acquired entity to be disregarded as separate from its owner but inadvertently failed…
PLR 200709041: Acquired foreign entity gets time to elect disregarded status
A corporate group acquired a foreign entity and made an IRC § 338 election for the acquisition. It intended the acquired entity to be disregarded as separate from its owner but inadvertently failed…
PLR 200709040: Foreign entity gets time to elect disregarded status from formation
A foreign entity was classified by default as a corporation for U.S. federal tax purposes. It intended to elect treatment as an entity disregarded from its owner beginning on its formation date, but…
PLR 200709039: LLC gets time to elect corporate status from formation
A state-formed limited liability company was treated by default as a partnership for federal tax purposes. It intended to elect classification as a corporation beginning on its formation date but…
PLR 200709038: New parent gets more time to elect a consolidated return
A corporation acquired a former parent company, ending the old consolidated tax group and creating a new one. The new group missed the deadline to elect consolidated return filing for its first…
PLR 200709037: Downstream stock exchange qualifies as a corporate reorganization
A corporation held shares of another company and planned to exchange them for an equal number of newly issued or treasury shares of that company. It would then distribute the new shares to its sole…
PLR 200709036: Related buyer's later sale does not trigger exchange gain
A real estate partnership planned to sell an office and retail property to a related taxable REIT subsidiary through a qualified intermediary, then buy replacement property from unrelated sellers.…
PLR 200709035: Antitrust settlement escrow qualifies as a settlement fund
A company settled a class action alleging violations of federal antitrust law and agreed to place money in an escrow account for class members and court-approved costs. It asked whether the account…
PLR 200709034: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709033: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709032: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709031: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709030: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709029: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709028: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
PLR 200709027: Insurance investment portfolio may elect partnership status
Two life insurers held shares in an investment portfolio that supported their variable insurance contracts. The portfolio proposed to elect federal tax classification as a partnership and asked…
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.