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 200223055: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223054: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223053: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
CCA 200223052: Historic stock basis can absorb suspended S corporation losses after merger
A shareholder held stock in both an S corporation and a C corporation before the S corporation merged into the C corporation. The shareholder had suspended S corporation losses and no basis in the S…
CCA 200223051: EITC reversal uses related examination assessment date for collection period
A service center asked which date starts the collection limitations period when an audit reverses a claimed earned income tax credit. Its account transcript showed the credit reversal with the…
PLR 200223050: S corporation granted time to elect subsidiary Qsub status
An S corporation bought all the stock of a subsidiary and intended to elect qualified subchapter S subsidiary status, but missed the election deadline. The IRS found that the corporation met the…
PLR 200223049: Research credit election revoked with IRS consent
A taxpayer had elected the alternative incremental method for calculating its research credit and later asked to revoke that election. It requested consent before the return deadline for the year in…
PLR 200223048: Research credit election allowed on amended return
A taxpayer originally filed two returns without claiming a research credit because it believed no credit was available. It later determined that it could claim credits under the alternative…
PLR 200223047: Dividing a marital trust before spouse renounces one share
A surviving spouse and trustees proposed dividing a marital trust into two separate trusts, then having the spouse renounce her entire interest in one. The IRS ruled that the division, including…
PLR 200223046: Late S corporation election accepted for first taxable year
A corporation's shareholders intended S corporation status for its first taxable year but did not file Form 2553 on time. The IRS found reasonable cause for the late election under section…
PLR 200223045: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223044: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223043: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223042: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223041: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223040: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223039: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223038: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223037: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223036: Securities gain after partnership division counts only in distributing LLC
Members planned to divide an LLC taxed as a partnership into two LLCs. The original LLC would contribute assets, including appreciated publicly traded stock, to a new LLC and then distribute…
PLR 200223035: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223034: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223033: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223032: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223031: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223030: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223029: Parent company granted more time to make a section 338 election
A parent company bought a foreign corporation through its subsidiaries' purchase of all interests in a partnership. The parent intended to elect under section 338(g) to treat the stock purchase as…
PLR 200223028: Parent company granted more time to make a section 338 election
A parent company acquired a foreign corporation through its subsidiaries' purchase of all interests in a partnership. It intended to elect under section 338(g) to treat the stock purchase as an…
PLR 200223027: Parent company granted more time to make a section 338 election
A parent company acquired a foreign corporation through its subsidiaries' purchase of all interests in a partnership. It intended to elect under section 338(g) to treat the stock purchase as an…
PLR 200223026: Parent company granted more time to make a section 338 election
A parent company acquired a foreign corporation through its subsidiaries' purchase of all interests in a partnership. It intended to elect under section 338(g) to treat the stock purchase as an…
PLR 200223025: Parent company granted more time to make a section 338 election
A parent company acquired a foreign corporation through its subsidiaries' purchase of all interests in a partnership. It intended to elect under section 338(g) to treat the stock purchase as an…
PLR 200223024: Parent company granted more time to make a section 338 election
A parent company acquired a foreign corporation through its subsidiaries' purchase of all interests in a partnership. It intended to elect under section 338(g) to treat the stock purchase as an…
PLR 200223023: Parent company granted more time to make a section 338 election
A parent company acquired a foreign corporation through its subsidiaries' purchase of all interests in a partnership. It intended to elect under section 338(g) to treat the stock purchase as an…
CCA 200223022: Foreign tax credits on a planned distribution from a foreign subsidiary
A U.S. corporate group asked about foreign tax credits on a planned distribution from its foreign subsidiary. The taxpayer withdrew its ruling request after learning that the IRS would rule against…
CCA 200223021: Transfer pricing adjustment did not extend withholding tax assessment period
Chief Counsel considered whether a transfer pricing adjustment counted as income omitted from a U.S. company's withholding tax return, Form 1042. A closing agreement treated the adjustment as an…
TAM 200223020: Surviving spouse's estate includes the marital trust's value at death
An executor elected the marital deduction for all of a marital trust but mistakenly reported that the trust held assets that the decedent's trust agreement directed to a separate family trust. The…
PLR 200223019: Pro rata trust division avoided gain, gift tax, and loss of GST exemption
A trustee proposed dividing a family trust into three equal trusts for its three current beneficiaries, with later divisions into subtrusts. Each asset would be allocated proportionately, or sold…
PLR 200223017: Late LIFO inventory election allowed for a vehicle dealer
A taxpayer using the alternative LIFO inventory method for new vehicles discovered that its former accounting firm had omitted the required Form 970 from its tax return. The taxpayer had used LIFO…
PLR 200223016: Estate allowed late allocation of generation skipping tax exemption
An estate filed its estate tax return late and attempted to allocate the decedent's generation skipping transfer (GST) tax exemption among trusts. The IRS said the return's QTIP and reverse QTIP…
PLR 200223015: Insurer allowed to revoke small company tax election
A property insurer had elected under section 831(b) to be taxed on investment income rather than under the usual insurance company tax rules. Following a merger, its territory and policyholder base…
PLR 200223014: Tax treatment of fractional artwork gifts and loans to a museum
A taxpayer and spouse planned to give or lend artwork to a museum under a gift and loan agreement, sometimes transferring only fractional ownership interests. The IRS ruled that qualifying…
PLR 200223013: Tax treatment of fractional artwork gifts and loans to a museum
A taxpayer and spouse planned to give or lend artwork to a museum under a gift and loan agreement, sometimes transferring only fractional ownership interests. The IRS ruled that qualifying…
PLR 200223012: Retirement account investors do not prevent fund look through
A regulated investment fund serving variable insurance contracts planned to sell shares directly to four types of retirement investors. Insurance company separate accounts needed to look through the…
PLR 200223011: Revised nuclear plant decommissioning funding schedule approved
A utility sought a revised schedule of amounts it could contribute to a nuclear plant decommissioning fund after its regulator lowered the decommissioning costs included in rates. The utility also…
PLR 200223010: Late S corporation election treated as timely if filed within 60 days
A corporation's shareholders intended S corporation status from its first tax year, and the company filed an S corporation tax return, but it had not filed a timely completed Form 2553. The IRS…
PLR 200223009: Extra time to file notices for five property distributions
A taxpayer sought more time to file notices of nonrecognition transfer for five property distributions to its sole stockholder. Two advisers on whom it relied had failed to give timely advice about…
PLR 200223008: Proposed family trust outside section 4947 foundation rules
A taxpayer proposed selling a family office company to a new trust that could make charitable distributions and, in cases of severe financial hardship, distributions to family members. The IRS ruled…
PLR 200223007: Separate business location qualifies for tax free split-off
A family owned S corporation operated a business from two locations with different operations. To address management problems, it planned to put one location and related equipment into a new…
PLR 200223006: Late S corporation election allowed from incorporation
A newly incorporated company intended to be an S corporation from its incorporation date but failed to file its election on time. The IRS found reasonable cause for the late filing under section…
PLR 200223005: Partnership allowed to correct its LIFO election form
A partnership timely filed Form 970 to elect the LIFO inventory method, but the form listed inventory and calculation methods different from those it intended and consistently used. The partnership…
PLR 200223004: S corporation given more time to elect subsidiary status
An S corporation bought all the stock of another corporation and intended to elect qualified subchapter S subsidiary (Qsub) treatment from the purchase date. It missed the Form 8869 filing deadline.…
PLR 200223003: S corporation status preserved after ineligible shareholder corrected
Shares of an S corporation were treated as beneficially owned by an LLC taxed as a partnership, which was not an eligible S corporation shareholder. After an accountant discovered the problem, the…
PLR 200223002: Public company spin-off treated as tax free reorganization
A publicly traded parent planned to distribute stock of a subsidiary to its shareholders so the two businesses could operate independently. The subsidiary had customer and supplier conflicts while…
CCA 200223001: IRS may choose to abate interest on large erroneous refunds
Chief Counsel considered whether the IRS could abate interest on an erroneous refund exceeding $50,000. Section 6404(e)(2) requires abatement for certain smaller erroneous refunds but does not…
CCA 200222039: Insurer retains special estimated tax payments after spin-off
A property and casualty insurer had claimed section 847 deductions while it belonged to a consolidated group, and the parent paid the related special estimated taxes. The insurer later left the…
PLR 200222037: Foundation may indemnify trustees for trust liabilities
A private foundation was due the remaining assets of two trusts, but the trustees wanted protection against possible trust liabilities before transferring them. A proposed agreement would let the…
PLR 200222036: IRA payment method qualifies for early distribution tax exception
An individual who had begun taking payments from an IRA before age 59½ asked whether a proposed monthly payment calculation qualified as substantially equal periodic payments. For 2002, the method…
PLR 200222035: Pension surplus returned to exempt employer without stated taxes
A tax exempt health care organization planned to terminate its defined benefit pension plan and receive assets left after paying plan liabilities. The organization and its affiliates had always been…
PLR 200222034: Conservation easement loans qualify as program related investments
A private operating foundation proposed interest free or below market loans to developers buying environmentally sensitive land. The loans would induce developers to grant perpetual conservation…
PLR 200222033: Surviving spouse's plan rollover and IRA distribution dates
A surviving spouse directly rolled her deceased husband's retirement plan balance into an IRA in December 1997. The IRS ruled that she was eligible for the rollover because the distribution was not…
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.