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.
No determinations match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
PLR 200202065: Mutual funds may revoke excise tax timing elections
A group of regulated investment companies had elected to use November tax year results when calculating required distributions for the section 4982 excise tax. They sought consent to revoke those…
PLR 200202064: Late S corporation election treated as timely if filed
A corporation's sole shareholder intended it to be an S corporation from its start, but a timely Form 2553 was not filed. The IRS found reasonable cause for the late election based on the submitted…
IRS bulletin 200202063: Criminal tax case summaries
This IRS Criminal Tax Bulletin summarizes court decisions from its August and October 2001 issue. The case notes address tax crimes and related questions about searches, forfeiture, and sentencing.…
PLR 200202062: Late S corporation election accepted with filing condition
Two shareholders intended their newly incorporated company to be an S corporation for its first taxable year, but Form 2553 was not filed on time. Their stock subscriptions and an officers'…
PLR 200202061: Late S corporation election treated as timely if filed
A newly incorporated company intended to be an S corporation from its first taxable year, but did not file Form 2553 on time. Its president represented that this was the intended status, and the…
PLR 200202060: Business split into two corporations qualifies for tax deferral
An S corporation operated three businesses owned by members of three related families, whose interests in running the businesses had diverged. It proposed to transfer one business to a new…
PLR 200202059: Business spinoff qualifies as a reorganization
A publicly traded corporation planned to place one of its two businesses under a new corporation and distribute that corporation's shares to its existing shareholders. The taxpayer said separating…
PLR 200202058: Extension granted for foreign stock purchase election
A United States shareholder intended to file a section 338(g) election after its foreign subsidiary bought stock of another foreign corporation, but the election was not filed on time. The IRS found…
CCA 200202057: Claimed stock loss from a basis shift challenged
A taxpayer used a partnership, a foreign corporation, stock options, and a purported stock redemption to claim that basis in foreign bank shares shifted to the taxpayer's shares and produced a loss…
CCA 200202056: Interest allowed on an old overpayment credited to later tax
A taxpayer asked the IRS to apply overpayments from two earlier years to a later estimated tax installment. Chief Counsel advised that the transfer was not a section 6402(b) credit election because…
PLR 200202055: Partnership granted time to make section 754 election
A limited partnership discovered that it had not made a section 754 election after a transfer of a partnership interest. It requested extra time to make the election and represented that it was not…
PLR 200202054: Extra time granted for QSub election
A corporation elected S corporation status and intended to elect qualified subchapter S subsidiary (QSub) treatment for its wholly owned subsidiary, but missed the QSub election deadline. The IRS…
PLR 200202053: Partnership granted extra time for section 754 election
A limited partnership failed to file a section 754 election after transfers of partnership interests. It represented that the omission was inadvertent, that it was not seeking to use hindsight, and…
PLR 200202052: Late entity classification election granted
A foreign limited liability company intended to be treated as a disregarded entity for federal tax purposes but did not file the entity classification election. One owner was an S corporation; the…
PLR 200202051: Trust-owned company's late S election allowed conditionally
The trustees of a trust that owned a corporation decided the company should elect S corporation status from its incorporation date. They relied on tax advisers to file Form 2553, but the election…
CCA 200202050: Business ceased to be a railroad tax employer
The Railroad Retirement Board advised the IRS that a business had ceased to be an employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act. After reviewing the board's…
PLR 200202049: Time extended for foreign acquisition election
A consolidated group's foreign subsidiary bought all the stock of a foreign target, including a subsidiary, but the group's parent did not file a valid section 338(g) election by the deadline. The…
PLR 200202048: Private wind incentives do not reduce the section 45 credit
A company planning a wind electricity project expected to receive production incentive payments from an organization funded by a privately owned utility. A state commission approved the utility's…
PLR 200202047: Foreign demerger qualifies as a divisive reorganization
A U.S. corporate group proposed to separate two businesses held through a foreign subsidiary to reduce foreign withholding taxes. A tax classification election would treat one business's assets as…
PLR 200202046: More time to elect section 338 treatment for foreign stock purchase
A consolidated group's foreign subsidiary bought stock in two foreign companies, but the group parent did not file a valid section 338(g) election for its acquisition of one of them by the deadline.…
CCA 200202045: Separate facility manufacturing from soil cleanup services
A taxpayer contracted to build a soil remediation facility and use it to treat contaminated soil. Chief Counsel advised that manufacturing the facility was a long-term contract under section 460…
PLR 200202044: Extension to elect restoration of loss limitation value
After an acquisition, a loss corporation missed the deadline to elect restoration of value from a related consolidated group for its section 382 loss limitation. The IRS found that the company acted…
PLR 200202043: Extension to elect restoration of loss limitation value
After an acquisition, a loss corporation missed the deadline to elect restoration of value from a related consolidated group for its section 382 loss limitation. The IRS found that the company acted…
PLR 200202042: Late S corporation election treated as timely if filed within 60 days
A newly incorporated company intended to elect S corporation status for its first tax year but failed to file Form 2553 on time. It had filed an S corporation income tax return for that year. The…
PLR 200202041: Late S corporation election accepted for first tax year
A corporation was formed in one year but first had shareholders, assets, or business activity in the following year. Its shareholders intended S corporation treatment and filed an S corporation…
PLR 200202040: Late S corporation election allowed after missed filing
A company's president intended the company to be an S corporation, and shareholder meeting minutes and an S corporation return reflected that intent. The person the president expected to file Form…
PLR 200202039: Late S corporation election accepted after advisor filing lapse
A corporation's sole shareholder intended S corporation treatment from the company's formation and relied on tax advisors to file Form 2553. The election was not filed on time. The IRS found…
PLR 200202038: Late S corporation election accepted on timely remedial filing
A one shareholder company intended to be an S corporation but discovered that its election had not been filed on time. The IRS found reasonable cause for the late filing under section 1362(b)(5). It…
PLR 200202037: Late S corporation election accepted on timely remedial filing
A company with four shareholders intended to be an S corporation but discovered that its election had not been filed on time. The IRS found reasonable cause for the late filing under section…
PLR 200202036: Timely trust disclaimer does not create a taxable gift
A beneficiary learned after her mother's death that she held a remainder interest in a trust created under her father's will. She had not received or accepted trust property and proposed to disclaim…
PLR 200202035: Revised nuclear decommissioning fund schedule approved
A utility requested a revised schedule of amounts it could contribute to a qualified nuclear decommissioning fund after changes to ratemaking assumptions. The IRS found that the utility had a…
PLR 200202034: Stock option produces deduction when charity exercises it
A company pledged an option to a private foundation to buy the company's publicly traded stock at a specified price. The foundation could transfer the option to an unrelated charity, which was…
PLR 200202033: Dividing two family trusts preserves specified tax treatment
The trustees proposed to divide each of two older family trusts into four separate trusts, then seek court approved changes to their terms and appoint replacement trustees. The IRS ruled that the…
PLR 200202032: Art bequest qualifies for full estate tax charitable deduction
An art collector planned to leave his remaining interests in a collection to a museum. The museum agreed to display and identify the works under specified conditions, with limited rights to lend or…
PLR 200202031: Late S corporation election treated as timely with new Form 2553
A company with one shareholder intended to elect S corporation status for a tax year but did not file Form 2553 by the deadline. Its S corporation return for that year was on extension. The IRS…
PLR 200202030: Late S corporation election allowed after accountant missed filing
A corporation's shareholders decided at incorporation that it should be an S corporation and relied on an accountant to file Form 2553 effective from that date. The form was not filed on time. The…
PLR 200202029: Late S corporation election accepted on timely remedial filing
A one shareholder company intended to be an S corporation but discovered that its election had not been filed on time. The IRS found reasonable cause for the late filing under section 1362(b)(5). It…
CCA 200202028: Older life insurance policy loans excluded from interest limit
A company borrowed against life insurance policies covering employees, including policies bought before and after June 20, 1986. Chief Counsel advised that the former section 264(a)(4) $50,000 limit…
PLR 200202027: Advance paid leave choices do not cause early income inclusion
A tax exempt employer proposed to let employees make irrevocable advance choices for a limited amount of paid time off to be earned the next year. Employees could choose leave, cash pay, or elective…
CCA 200202026: Audit guidance for aircraft heavy maintenance costs
Chief Counsel circulated field guidance on examining cyclical heavy maintenance visits for aircraft airframes. The attached guidance describes Revenue Ruling 2001-04 as allowing ordinary maintenance…
PLR 200202025: Revised nuclear decommissioning funding schedule approved
A utility requested a revised schedule of annual payments to its qualified nuclear decommissioning fund. The IRS reviewed the schedule based on one public utility commission's ratemaking assumptions…
PLR 200202024: More time to elect qualified S subsidiary treatment
An S corporation bought all the shares of another corporation and intended to elect qualified subchapter S subsidiary treatment effective on the acquisition date. It inadvertently failed to file the…
PLR 200202023: Late S corporation election allowed after attorney missed filing
A corporation's shareholders decided at incorporation that it should be an S corporation and relied on an attorney to file Form 2553 effective from that date. The form was not filed on time. The IRS…
CCA 200202022: Partnerships may request relief for missed basis elections
After a partner's spouse died, a return preparer increased the basis of real estate reported by six partnerships even though none had filed a section 754 election. Chief Counsel concluded that the…
TAM 200202021: Refuse truck compactors and top doors belong in excise tax base
A seller of refuse collection vehicles sought a refund of heavy truck retail excise tax attributable to compaction equipment and top doors. The IRS advised that both components belonged in the…
PLR 200202020: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202019: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202018: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202017: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202016: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202015: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202014: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202013: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202012: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202011: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202010: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202009: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202008: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202007: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
PLR 200202006: Extension for foreign subsidiary classification election
A foreign company treated as a partnership for U.S. tax purposes owned a foreign subsidiary eligible to be treated as disregarded. The subsidiary had not filed Form 8832 in time for the intended…
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.