Internal Revenue Bulletin 1997-1 (PDF rendition): IRS Revenue Procedures

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.

INCOME TAX
Notice 97–3, page 8.
Accounting periods, small business corporations.Tax-
payers are informed that the Service intends to waive
certain limitations on a corporation’s ability to expedi-
tiously change its annual accounting period in order to
elect to be an S corporation effective for the taxable
year beginning January 1, 1997.
EMPLOYEE PLANS
Rev. Proc. 97–4, page 96.
Rulings and determination letters; issuance proce-
dures.Revised procedures are provided for furnishing
ruling letters, information letters, etc., on matters relat-
ing to sections of the Code under the jurisdiction of the
Assistant Commissioner (Employee Plans and Exempt
Organizations). Rev. Proc. 96–4 superseded.
Rev. Proc. 97–5, page 132.
Technical advice.Revised procedures are provided for
furnishing technical advice to key district directors and
chiefs, appeals offices, by the Assistant Commissioner
(Employee Plans and Exempt Organizations) regarding
issues in the employee plans areas (including actuarial
matters) and exempt organizations areas. Rev. Proc.
96–5 superseded.
Rev. Proc. 97–6, page 153.
Employee plans determination letters.Revised proce-
dures are provided for issuing determination letters on
the qualified status of employee plans under sections
401(a), 403(a), 409, and 4975 of the Code. Rev. Proc.
96–6 superseded.
Rev. Proc. 97–8, page 187.
User fees for employee plans and exempt organiza-
tions.Up-to-date guidance for complying with the user
fee program of the Service as it pertains to requests for
letter rulings, determination letters, etc., on matters
under the jurisdiction of the Assistant Commissioner
(Employee Plans and Exempt Organizations), is provided.
Rev. Proc. 96–8 superseded.
EXEMPT ORGANIZATIONS
Rev. Proc. 97–4, page 96.
Rulings and determination letters; issuance proce-
dures.Revised procedures are provided for furnishing
ruling letters, information letters, etc., on matters relat-
ing to sections of the Code under the jurisdiction of the
Assistant Commissioner (Employee Plans and Exempt
Organizations). Rev. Proc. 96–4 superseded.
Rev. Proc. 97–5, page 132.
Technical advice.Revised procedures are provided for
furnishing technical advice to key district directors and
chiefs, appeals offices, by the Assistant Commissioner
(Employee Plans and Exempt Organizations) regarding
issues in the employee plans areas (including actuarial
matters) and exempt organizations areas. Rev. Proc.
96–5 superseded.
(Continued on page 4)
Cumulative List of Actions Relating to Decisions of the Tax Court published in the Bulletin from January through December 1996 begins on
page 5.
Announcement of Disbarments and Suspensions begins on page 204.
Finding List of Revenue Rulings, Revenue Procedures, Treasury Decisions, etc., published in the Bulletin from July through December 1996
begins on page 207.
Finding List of Previously Published Items currently mentioned in the Bulletin from July through December 1996 begins on page 209.
Cumulative List of Declaratory Judgment Proceedings Under Section 7428 begins on page 203.
Index of Items Published in the Bulletin from July through December 1996 begins on page 210.
Bulletin No. 1997–1
January 6, 1997
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be relied
upon as authoritative interpretations.

HIGHLIGHTS
OF THIS ISSUE—Continued
EXEMPT ORGANIZATIONS—Continued
Rev. Proc. 97–8, page 187.
User fees for employee plans and exempt organiza-
tions.Up-to-date guidance for complying with the user
fee program of the Service as it pertains to requests for
letter rulings, determination letters, etc., on matters
under the jurisdiction of the Assistant Commissioner
(Employee Plans and Exempt Organizations), is provided.
Rev. Proc. 96–8 superseded.
ADMINISTRATIVE
Notice 97–7, page 8.
Environmental cleanup costs; letter rulings.Com-
ments are requested on a proposed revenue procedure
that, when finalized, will provide special procedures for
requesting written guidance on the tax treatment under
sections 162 and 263 of the Code of environmental
cleanup costs incurred in transactions that span past
and future taxable years.
Rev. Proc. 97–1, page 11.
Letter rulings, determination letters, and information
letters issued by the Associate Chief Counsel (Do-
mestic), Associate Chief Counsel (Employee Benefits
and Exempt Organizations), Associate Chief Counsel
(Enforcement Litigation), and Associate Chief Counsel
(International).Revised procedures are provided for
issuing letter rulings, determination letters, and informa-
tion letters on specific issues under the jurisdiction of
the Associate Chief Counsel (Domestic), the Associate
Chief Counsel (Employee Benefits and Exempt Organiza-
tions), the Associate Chief Counsel (Enforcement Litiga-
tion), and the Associate Chief Counsel (International).
Rev. Procs. 96–1 and 92–90 superseded. Rev. Procs.
96–13 and 92–20 modified.
Rev. Proc. 97–2, page 64.
Technical advice to the district directors and chiefs,
appeals offices, from the Associate Chief Counsel
(Domestic), Associate Chief Counsel (Employee Ben-
efits and Exempt Organizations), Associate Chief
Counsel (Enforcement Litigation), and Associate Chief
Counsel (International).Revised procedures are pro-
vided for furnishing technical advice to the district
directors and chiefs, appeals offices, in areas under the
jurisdiction of the Associate Chief Counsel (Domestic),
the Associate Chief Counsel (Employee Benefits and
Exempt Organizations), the Associate Chief Counsel
(Enforcement Litigation), and the Associate Chief Coun-
sel (International). Taxpayers’ rights when technical ad-
vice has been requested also are provided. Rev. Proc.
96–2 superseded.
Rev. Proc. 97–3, page 84.
Areas in which advance rulings will not be issued;
Associate Chief Counsel (Domestic), Associate Chief
Counsel (Employee Benefits and Exempt Organiza-
tions).This procedure provides a revised list of those
provisions of the Code under the jurisdiction of the
Associate Chief Counsel (Domestic) and the Associate
Chief Counsel (Employee Benefits and Exempt Organiza-
tions), relating to matters where the Service will not
issue advance rulings or determination letters. Rev.
Procs. 96–3, 96–12, 96–22, 96–34, 96–39, 96–43,
and 96–56 superseded.
Rev. Proc. 97–7, page 185.
Areas in which advance rulings will not be issued:
Associate Chief Counsel (International).This proce-
dure lists the subject matters under the jurisdiction of
the Associate Chief Counsel (International) in which the
Service will not issue advance letter rulings or determi-
nation letters. Rev. Proc. 96–7 superseded.
4

Mission of the Service
The purpose of the Internal Revenue Service is to
collect the proper amount of tax revenue at the least
cost; serve the public by continually improving the
quality of our products and services; and perform in a
manner warranting the highest degree of public
confidence in our integrity, efficiency and fairness.
Statement of Principles
of Internal Revenue
Tax Administration
The function of the Internal Revenue Service is to
administer the Internal Revenue Code. Tax policy
for raising revenue is determined by Congress.
With this in mind, it is the duty of the Service to
carry out that policy by correctly applying the laws
enacted by Congress; to determine the reasonable
meaning of various Code provisions in light of the
Congressional purpose in enacting them; and to
perform this work in a fair and impartial manner,
with neither a government nor a taxpayer point of view.
At the heart of administration is interpretation of the
Code. It is the responsibility of each person in the
Service, charged with the duty of interpreting the
law, to try to find the true meaning of the statutory
provision and not to adopt a strained construction in
the belief that he or she is ‘‘protecting the revenue.’’
The revenue is properly protected only when we as-
certain and apply the true meaning of the statute.
The Service also has the responsibility of applying
and administering the law in a reasonable,
practical manner. Issues should only be raised by
examining officers when they have merit, never
arbitrarily or for trading purposes. At the same
time, the examining officer should never hesitate
to raise a meritorious issue. It is also important
that care be exercised not to raise an issue or to
ask a court to adopt a position inconsistent with
an established Service position.
Administration should be both reasonable and
vigorous. It should be conducted with as little
delay as possible and with great courtesy and
considerateness. It should never try to overreach,
and should be reasonable within the bounds of law
and sound administration. It should, however, be
vigorous in requiring compliance with law and it
should be relentless in its attack on unreal tax
devices and fraud.
2

Introduction
The Internal Revenue Bulletin is the authoritative instru-
ment of the Commissioner of Internal Revenue for
announcing official rulings and procedures of the Inter-
nal Revenue Service and for publishing Treasury Deci-
sions, Executive Orders, Tax Conventions, legislation,
court decisions, and other items of general interest. It is
published weekly and may be obtained from the Superin-
tendent of Documents on a subscription basis. Bulletin
contents of a permanent nature are consolidated semi-
annually into Cumulative Bulletins, which are sold on a
single-copy basis.
It is the policy of the Service to publish in the Bulletin all
substantive rulings necessary to promote a uniform
application of the tax laws, including all rulings that
supersede, revoke, modify, or amend any of those
previously published in the Bulletin. All published rulings
apply retroactively unless otherwise indicated. Proce-
dures relating solely to matters of internal management
are not published; however, statements of internal
practices and procedures that affect the rights and
duties of taxpayers are published.
Revenue rulings represent the conclusions of the Ser-
vice on the application of the law to the pivotal facts
stated in the revenue ruling. In those based on positions
taken in rulings to taxpayers or technical advice to
Service field offices, identifying details and information
of a confidential nature are deleted to prevent unwar-
ranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not
have the force and effect of Treasury Department
Regulations, but they may be used as precedents.
Unpublished rulings will not be relied on, used, or cited
as precedents by Service personnel in the disposition of
other cases. In applying published rulings and proce-
dures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be consid-
ered, and Service personnel and others concerned are
cautioned against reaching the same conclusions in
other cases unless the facts and circumstances are
substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on
provisions of the Internal Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows:
Subpart A, Tax Conventions, and Subpart B, Legislation
and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to
these subjects are contained in the other Parts and
Subparts. Also included in this part are Bank Secrecy
Act Administrative Rulings. Bank Secrecy Act Administra-
tive Rulings are issued by the Department of the
Treasury’s Office of the Assistant Secretary (Enforce-
ment).
Part IV.—Items of General Interest.
With the exception of the Notice of Proposed Rulemak-
ing and the disbarment and suspension list included in
this part, none of these announcements are consoli-
dated in the Cumulative Bulletins.
The first Bulletin for each month includes an index for
the matters published during the preceding month.
These monthly indexes are cumulated on a quarterly and
semiannual basis, and are published in the first Bulletin
of the succeeding quarterly and semi-annual period,
respectively.
The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents U.S. Government Printing Office, Washington, D.C. 20402.
3

Part I. Rulings and Decisions Under the Internal Revenue Code of 1986
Section 263.—Capital Expenditures
26 CFR 1.263(a)–1: Capital expenditures; in gen-
eral.
Are special procedures available for requesting
written guidance on the tax treatment under sec-
tions 162 and 263 of the Code of environmental
cleanup costs incurred in transactions that span
past and future taxable years? See Notice 97–7,
page 8.
7

Part III. Administrative, Procedural, and Miscellaneous
Notice of Intent to Waive Certain
Limitations on Obtaining
Expeditious Consent to Change an
Accounting Period and Elect to be
an S Corporation Effective January
1, 1997
Notice 97–3
SUMMARY: The Internal Revenue Ser-
vice will issue guidance shortly that will
waive certain limitations on a corpora-
tion’s ability to expeditiously (i.e., with-
out the Commissioner’s prior written
approval) change its annual accounting
period under § 1.442–1(c) of the In-
come Tax Regulations or Rev. Proc.
92–13, 1992–1 C.B. 665, in order to
elect to be an S corporation under §
1362 of the Internal Revenue Code
effective for the taxable year beginning
January 1, 1997. The forthcoming guid-
ance will provide specific procedures a
corporation must follow to request an
expeditious change of annual accounting
period, and subsequently elect to be an
S corporation.
BACKGROUND: Pursuant to § 1378, an
S corporation generally must have a cal-
endar year. However, a corporation may
not expeditiously change its annual ac-
counting period to a calendar year if it
attempts to elect to be an S corporation
effective for the taxable year immediately
following the short period required to
effect the change.See§ 1.442–1(c)(2)(v);
Rev. Proc. 92–13, section 4.01(5). In
addition, a corporation is precluded under
§ 1.442–1(c)(2)(i) from expeditiously
changing its annual accounting period if
the corporation has changed it within the
last ten calendar years, and under Rev.
Proc. 92–13, section 4.01(2), if the corpo-
ration has changed it within the last six
calendar years.
The Small Business Job Protection
Act of 1996 (SBJPA), Pub. L. No.
104–188, 110 Stat. 1755, significantly
amended Subchapter S of the Code,
expanding eligibility to elect to be an S
corporation. These amendments, gener-
ally effective for taxable years begin-
ning after December 31, 1996, were
intended to allow more corporations to
elect to be S corporations as of January
1, 1997.
WAIVER OF LIMITATIONS: Consis-
tent with this intent, the Service will
issue further guidance shortly that will
waive the limitations of §§ 1.442–
1(c)(2)(i) and (c)(2)(v), and of sections
4.01(2) and 4.01(5) of Rev. Proc. 92–13,
on a corporation’s ability to expedi-
tiously change its annual accounting
period to a calendar year effective for
the short period ending December 31,
1996, provided that the corporation:
(1) is otherwise eligible to change its
annual accounting period under either
§ 1.442–1(c) or Rev. Proc. 92–13;
(2) is a small business corporation (as
described in § 1361(b)) and timely
elects to be an S corporation effective
for the taxable year beginning on Janu-
ary 1, 1997; and
(3) follows the procedures to be pro-
vided in forthcoming guidance.
The forthcoming guidance will also
provide special procedures to allow a
corporation to request an expeditious
change of annual accounting period and
make the election to be an S corporation
effective January 1, 1997. Until that
guidance is issued, a corporation that
qualifies to expeditiously change its an-
nual accounting period under either
§ 1.442–1(c) or Rev. Proc. 92–13 as a
result of this notice should not file the
statement required by § 1.442–1(c)(1),
Form 1128, Application to Adopt,
Change or Retain a Tax Year (required
by Rev. Proc. 92–13), or Form 2553,
Election by a Small Business Corpora-
tion. Moreover, such a corporation
should not submit a request to change
its annual accounting period under
§ 1.442–1(b) (which provides proce-
dures to obtain the Commissioner’s
prior written approval). However, a cor-
poration that does not otherwise qualify
to expeditiously change its annual ac-
counting period may request permission
to change its annual accounting period
by following the procedures described in
§ 1.442–1(b).
DRAFTING INFORMATION: The
principal author of this notice is Susie
K. Bird of the Office of Assistant Chief
Counsel (Income Tax and Accounting).
For further information, contact Ms.
Sandra Cheston at (202) 622–4840 (not
a toll-free call).
Environmental Cleanup Costs;
Private Letter Rulings
Notice 97–7
This notice provides a proposed rev-
enue procedure that, when finalized, will
provide special procedures for request-
ing written guidance from the Internal
Revenue Service on the tax treatment of
environmental cleanup costs under
§§ 162 and 263 of the Internal Revenue
Code in transactions that span past and
future taxable years. These special pro-
cedures will be available to taxpayers
during a two-year trial period beginning
on the date that the proposed revenue
procedure is finalized.
The Service welcomes comments on
this proposed revenue procedure. In par-
ticular, the Service invites comments on
whether this proposed revenue proce-
dure should be extended to other tax
issues besides the tax treatment of envi-
ronmental cleanup costs. Comments
should be submitted by April 5, 1997
either to:
The Internal Revenue Service
P.O. Box 7604 Ben Franklin Station
Washington, D.C. 20044
Attn: CC:CORP:T:R (IT&A Branch
5), room 5228,
or electronically via the Service internet
site at: http://www.irs.ustreas.gov/prod/
tax_regs/comments.html.
Rev. Proc. 97–**
SECTION 1. PURPOSE
This revenue procedure provides spe-
cial procedures for requesting written
guidance from the Internal Revenue Ser-
vice on the tax treatment under §§ 162
and 263 of the Internal Revenue Code of
environmental cleanup costs incurred in
transactions that span several years, in-
cluding future years and prior years
(whether or not under examination).
These special procedures are available
for letter ruling requests submitted during
the two-year period beginning onmonth,
day, year. The purpose of this revenue
procedure is to facilitate the resolution of
issues involving the capitalization or de-
duction of environmental cleanup costs
for both prior and future years of a
single environmental cleanup transaction.
SECTION 2. BACKGROUND
.01 Section 162(a) allows a deduction
for all the ordinary and necessary ex-
penses paid or incurred during the tax-
able year in carrying on any trade or
business.
.02 Section 263 generally prohibits
deductions for capital expenditures. Sec-
tion 263(a)(1) provides that no deduc-
tion is allowed for any amount paid out
for permanent improvements or better-
ments made to increase the value of any
8

property or estate. Under § 263(a)(2),
no deduction is allowed for any amount
expended in restoring property or in
making good the exhaustion thereof for
which an allowance is or has been
made.
.03 Rev. Proc. 97–1, 1997–1 I.R.B.
11 (Jan. 6, 1997), provides procedures
under which the Service issues letter
rulings, determination letters, and infor-
mation letters on specific issues. Section
2.01 of Rev. Proc. 97–1 defines a ‘‘letter
ruling’’ as a written statement issued to
a taxpayer by the national office that
interprets and applies the tax laws to the
taxpayer’s specific set of facts. Ordi-
narily, the national office issues letter
rulings on income tax issues only on
prospective transactions or completed
transactions if the letter ruling request is
submitted before the return is filed for
the year in which the transaction was
completed. All references to Rev. Proc.
97–1 in this revenue procedure include
Rev. Proc. 97–1’s successors.
.04 Rev. Proc. 97–2, 1997–1 I.R.B.
64 (Jan. 6, 1997), provides procedures
under which the national office issues
technical advice to a district director or
a chief, appeals office. Section 2 of Rev.
Proc. 97–2 defines ‘‘technical advice’’ as
advice or guidance in the form of a
memorandum furnished by the national
office upon the request of a district
director or a chief, appeals office, sub-
mitted in accordance with Rev. Proc.
97–2 in response to any technical or
procedural question that develops during
a proceeding on the interpretation and
proper application of tax law, tax trea-
ties, regulations, revenue rulings, no-
tices, or other precedents published by
the national office, to a specific set of
facts. All references to Rev. Proc. 97–2
in this revenue procedure include Rev.
Proc. 97–2’s successors.
SECTION 3. SCOPE
.01In general.Except as provided in
section 3.05 below, this revenue proce-
dure applies to requests for guidance on
the deductibility (under § 162) or capi-
talization (under § 263) of environmen-
tal cleanup costs incurred in continuing
transactions (e.g., occurring over prior
and future taxable years). Taxpayers
may request a letter ruling under this
revenue procedure that will cover all tax
years in which costs are incurred under
the transaction (‘‘transaction years’’),
even if they include years for which a
return has been filed, and even if such
return is under examination or before an
appeals office.
.02Environmental cleanup costs.For
purposes of this revenue procedure, en-
vironmental cleanup costs include, in
general, any costs associated with the
assessment, mitigation, or remediation
of environmental hazards, whether latent
or imminent, on the taxpayer’s property
or on the property of another. These
environmental hazards include, but are
not limited to, soil contamination, water
contamination, air pollution, leaking un-
derground storage tanks, asbestos, and
lead paint.
.03Factual nature of question.Sec-
tion 7.01 of Rev. Proc. 97–1 provides
that the national office ordinarily will
not issue letter rulings in certain areas
because of the factual nature of the
problem. Although the question of
whether amounts are deductible or must
be capitalized is generally dependent
upon the taxpayer’s specific facts, only
in rare or unusual circumstances will the
national office decline to issue a letter
ruling under this revenue procedure
solely because of the factual nature of
the question.
.04Alternative plans and hypotheti-
cal situations.Section 7.02 of Rev.
Proc. 97–1 provides that the national
office ordinarily will not issue a letter
ruling on alternative plans of proposed
transactions or hypothetical situations.
However, the national office will issue a
letter ruling under this revenue proce-
dure on proposed parts of a continuing
plan of environmental cleanup provided
that the taxpayer provides all facts nec-
essary for the Service to reach a deter-
mination. If the taxpayer’s plan changes
before the environmental cleanup trans-
action is completed, the taxpayer may
request that the national office modify
or supplement its letter ruling to address
the changes to the plan. See section 8 of
this revenue procedure.
.05Excluded situations.Taxpayers
may not request guidance under this
revenue procedure in the following situ-
ations:
(1) The entire environmental
cleanup transaction is completed, and
the time for filing returns, with exten-
sions, for all years covering the transac-
tion has passed.
(2) The entire environmental
cleanup transaction is a proposed trans-
action, and the taxpayer may request a
letter ruling under Rev. Proc. 97–1.
(3) The identical environmental
cleanup issue is in the taxpayer’s return
for an earlier period and that issue is
pending in litigation in a case involving
the taxpayer (or a related taxpayer
within the meaning of § 267, or a
member of an affiliated group of which
the taxpayer is also a member within the
meaning of § 1504).
SECTION 4. REQUESTING A
LETTER RULING
.01Taxpayers not under examination
or before appeals office.A taxpayer
requesting a letter ruling on the tax
treatment of environmental cleanup
costs may do so under this section 4.01
if no return for any transaction year is
under examination or before an appeals
office. Except as provided by this rev-
enue procedure, a request under this
section 4.01 must meet the requirements
of Rev. Proc. 97–1 for a letter ruling
request. In addition, if a taxpayer sub-
mits a letter ruling request covering a
transaction year for which a return has
already been filed, a copy of the letter
ruling request must also be submitted to
the district office having jurisdiction
over the taxpayer’s return.
.02Taxpayers under examination or
before appeals office.A taxpayer re-
questing a letter ruling on the tax treat-
ment of environmental cleanup costs
incurred under a continuing transaction
must do so under this section 4.02 if
any transaction year is under examina-
tion or before an appeals office. Taxpay-
ers may request a ruling under this
section even if, at the time the request is
submitted, the identical environmental
cleanup issue—
(1) is being examined by a district
director;
(2) is being considered by an ap-
peals office;
(3) has been examined by the dis-
trict director or considered by an ap-
peals office and the statutory period of
limitations has not expired for assess-
ment or for filing a claim for refund or
credit of tax; or
(4) has been examined by a district
director or considered by an appeals
office and no settlement or closing
agreement covering the issue or liability
has been entered into by a district
director or by an appeals office.
Except as provided in this revenue
procedure, a letter ruling request made
under this subsection must meet the
general requirements of Rev. Proc. 97–2
for a taxpayer-initiated request for tech-
nical advice. Once an environmental
cleanup issue is identified, all requests
9

for letter rulings should be made at the
earliest possible stage in any proceeding.
The taxpayer must submit its request
(and the applicable user fee) for each
letter ruling under this section 4.02 to
the district or appeals office having
jurisdiction over its return. The district
or appeals office will, in all cases,
forward the original request, and any
additional statements of the taxpayer
and the district or appeals office, to the
national office using Form 4463 (Re-
quest for Technical Advice), with the
following statement typed or printed at
the top of the form: ‘‘REQUESTED
UNDER REV. PROC. 97–**.’’
SECTION 5. PROCESSING THE
RULING REQUEST
.01Taxpayers not under examination
or before appeals office.A letter ruling
request submitted under section 4.01 of
this revenue procedure generally will be
processed under the procedures set forth
in Rev. Proc. 97–1. Thus, the procedures
for requesting additional information,
conferences, withdrawal of requests, etc.
are the same as those provided in Rev.
Proc. 97–1. The original letter ruling
will be issued to the taxpayer that
requested it, and a copy of the letter
ruling, whether favorable or adverse,
will be sent to the district director that
has jurisdiction over the taxpayer’s re-
turn.
.02Taxpayers under examination or
before appeals office.A letter ruling
request submitted under section 4.02 of
this revenue procedure generally will be
processed under the procedures set forth
in Rev. Proc. 97–2 for a taxpayer-
initiated request for technical advice
except as provided in this section.
(1)Contacting the taxpayer.Usu-
ally, within 21 calendar days after the
national office receives a taxpayer’s let-
ter ruling request, a Service representa-
tive will contact both the taxpayer (or
the taxpayer’s authorized representative)
and the examining or appeals officer to
discuss the substantive or procedural
issues in the letter ruling request and to
ask for any additional information nec-
essary in order to process the request.
(2)Coordination with district and
appeals office.During the processing of
a taxpayer’s letter ruling request, the
national office will continuously coordi-
nate the evaluation of the request with
the district or appeals office having
jurisdiction over the case. If the district
or appeals office either determines that
the national office should not consider
the taxpayer’s request or disagrees with
the taxpayer’s statement of facts and
issues, then the district or appeals office
will notify the taxpayer in writing. For
these purposes, the Service will follow
the procedures set forth in section 9.04
of Rev. Proc. 97–2, except that the
district or appeals office will, in all
cases, forward the taxpayer’s request,
with any additional statements, to the
national office as provided in section
4.02 of this revenue procedure.
(3)Withdrawing the ruling request.
The district director or chief, appeals
office, may not withdraw a request for a
letter ruling submitted under section
4.02 of this revenue procedure. How-
ever, a taxpayer may withdraw such a
request at any time before the letter
ruling is signed by the national office,
provided that the district director or the
chief, appeals office, consents to the
withdrawal. If the district director or the
chief, appeals office, consents to this
withdrawal, the national office will send
its views to the district director or the
chief, appeals office. If the district di-
rector or the chief, appeals office, does
not consent to the withdrawal, then the
letter ruling request will be processed as
a request for technical advice under Rev.
Proc. 97–2 and the scope of the techni-
cal advice memorandum will be limited
to years under examination. Pursuant to
the principles of Rev. Proc. 97–1, in-
cluding but not limited to section 15.10
thereof, the user fee generally will not
be refunded if the taxpayer withdraws
its request for a letter ruling under this
section.
(4)Reply by national office.Re-
plies to letter ruling requests issued
under section 4.02 are made in two
parts. Each part identifies the taxpayer
by name, address, taxpayer identification
number, and the years under examina-
tion by the district director or under
consideration by an appeals office. The
first part is a transmittal memorandum
addressed to the district or appeals of-
fice. The second part is a letter ruling as
defined in section 2.01 of Rev. Proc.
97–1 that covers the transaction years
addressed in the taxpayer’s request. The
national office will forward the transmit-
tal memorandum and a copy of the
letter ruling to the district director or the
chief, appeals office, having jurisdiction
over the taxpayer’s return. At the same
time, the national office will issue the
original letter ruling to the taxpayer that
requested it.
.03Coordination with industry spe-
cialization program.Prior to issuance of
a letter ruling to a taxpayer under this
revenue procedure, the national office
will coordinate review of the proposed
letter ruling with a representative of the
environmental cleanup costs issue spe-
cialization team.
.04Disclosure.The text of a letter
ruling issued under this revenue proce-
dure is open to public inspection under
§ 6110. The Service will make appro-
priate deletions from the text before it is
made available for inspection. To help
the Service make the deletions required
by § 6110, a request made under this
revenue procedure must be accompanied
by the statement described in section
8.01(9) of Rev. Proc. 97–1.
SECTION 6. EFFECT OF THE
LETTER RULING
.01General rule.A taxpayer ordi-
narily may rely on a letter ruling issued
by the Service pursuant to this revenue
procedure subject to the conditions and
limitations described in section 12 of
Rev. Proc. 97–1. A letter ruling issued
on a specific environmental cleanup
transaction represents a holding by the
Service on that transaction only. It will
not apply to any transaction not specifi-
cally addressed in the letter ruling.
.02Return previously filed.The con-
clusion in the letter ruling, whether
adverse or favorable to the taxpayer,
will generally be applied prospectively
to all future transaction years. In addi-
tion, if a letter ruling involves tax years
for which a return has already been
filed, it will generally apply retroac-
tively to all open years unless the
Service exercises discretionary authority
under § 7805(b) to limit the retroactive
effect of the conclusion.
.03Use in examining the taxpayer’s
return.If a taxpayer is under examina-
tion or is later selected for examination,
the letter ruling will be used by the
district director in examining the taxpay-
er’s returns for prior and future transac-
tion years in the manner described in
section 12.03 of Rev. Proc. 97–1.
.04Prior settlement or closing agree-
ment.A letter ruling issued under this
revenue procedure will not affect any
taxable year(s) that are the subject of a
prior settlement or closing agreement
entered into with the district director or
an appeals office.
SECTION 7. REVOCATION OR
MODIFICATION
A letter ruling found to be in error or
not in accord with the current views of
10

the Service may be revoked or modified.
If a letter ruling under this revenue
procedure is revoked or modified, the
revocation or modification applies to all
open years under the statute of limita-
tions unless the Service uses its discre-
tionary authority under § 7805(b) to
limit the retroactive effect of the revoca-
tion or modification. The criteria and
procedures for revoking or modifying a
letter ruling issued under this revenue
procedure are the same as those pro-
vided in section 12 of Rev. Proc. 97–1.
In addition, the procedures for request-
ing § 7805(b) relief, and the criteria for
granting it, are the same as those pro-
vided in section 12.11 of Rev. Proc.
97–1.
SECTION 8. REQUESTING
SUPPLEMENTAL LETTER RULINGS
If the material facts underlying a
letter ruling issued under this revenue
procedure change after the letter ruling
is issued, the taxpayer may request that
the Service modify or supplement the
letter ruling. However, the request can-
not be made after the transaction, as
revised, is completed, and the time for
filing returns, with extensions, for all
years covering the transaction has ex-
pired. For example, if the Service issues
a ruling allowing the taxpayer to deduct
costs incurred under one method of land
remediation, and the taxpayer later de-
cides to use a different method of land
remediation, the taxpayer may request a
supplemental letter ruling addressing the
new method. However, the taxpayer
may not request the supplemental letter
ruling after the land remediation under
the new method is completed and the
time for filing its returns, with exten-
sions, for all transaction years has
passed. The request must comply with
the requirements of sections 4.01 or
4.02 of this revenue procedure, which-
ever applies.
SECTION 9. CHANGE IN
ACCOUNTING METHOD
Under § 446(e), a taxpayer receiving
a letter ruling under this revenue proce-
dure may be required to seek the Com-
missioner’s consent to change its
method of accounting, and § 481 may
be applicable. In these cases, the na-
tional office will inform the taxpayer of
the procedures for obtaining this con-
sent.
SECTION 10. USER FEE
REQUIREMENTS
Except as provided in sections 15.03
and 15.04 of Rev. Proc. 97–1, all re-
quests submitted under this revenue pro-
cedure (including supplemental letter
ruling requests under section 8 of this
revenue procedure) must be accompa-
nied by a user fee. The appropriate user
fee is determined from the fee schedule
provided in Appendix A of Rev. Proc.
97–1.
SECTION 11. ADDRESS FOR
SUBMISSION
.01Taxpayers not under examination
or before an appeals office.All requests
for letter rulings submitted under section
4.01 of this revenue procedure (includ-
ing the applicable user fee) should be
sent to the Associate Chief Counsel
(Domestic) at the same address provided
in section 8.03(1) of Rev. Proc. 97–1.
.02Taxpayers under examination or
before appeals office.All requests for
letter rulings submitted under section
4.02 of this revenue procedure (includ-
ing the applicable user fee) should be
sent to the examining or appeals officer,
who must forward the request to the
national office using the same address
provided in section 8.03 of Rev. Proc.
97–2.
SECTION 12. EFFECT ON OTHER
DOCUMENTS
Rev. Proc. 97–1 is amplified. Rev.
Proc. 97–2 is amplified and modified.
SECTION 13. EFFECTIVE DATE
This revenue procedure is effective
for requests for letter rulings submitted
during the two-year period frommonth,
day, yeartomonth, day, year.
DRAFTING INFORMATION
The principal author of this revenue
procedure is Merrill D. Feldstein of the
Office of Assistant Chief Counsel (In-
come Tax & Accounting). For further
information regarding this revenue pro-
cedure, contact Ms. Feldstein on (202)
622–4950 (not a toll-free call).
26 CFR 601.201: Rulings and determination let-
ters.
Rev. Proc. 97–1
TABLE OF CONTENTS
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
p. 16
SECTION 2. IN WHAT FORM
IS GUIDANCE PROVIDED BY
THE OFFICES OF ASSOCIATE
CHIEF COUNSEL (DOMESTIC),
ASSOCIATE CHIEF COUNSEL
(EMPLOYEE BENEFITS AND
EXEMPT ORGANIZATIONS),
ASSOCIATE CHIEF COUNSEL
(ENFORCEMENT LITIGATION),
AND ASSOCIATE CHIEF
COUNSEL (INTERNATIONAL)?
p. 16.01 Letter ruling
.02 Closing agreement
.03 Determination letter
.04 Information letter
.05 Revenue ruling
.06 Oral guidance
(1) No oral rulings, and no written rulings in response to oral requests
(2) Discussion possible on substantive issues
11

SECTION 3. ON WHAT
ISSUES MAY TAXPAYERS
REQUEST WRITTEN
GUIDANCE UNDER THIS
PROCEDURE?
p. 18.01 Issues under the jurisdiction of the Associate Chief Counsel (Domestic)
(1) Issues under the Assistant Chief Counsel (Corporate)
(2) Issues under the Assistant Chief Counsel (Financial Institutions and
Products)
(3) Issues under the Assistant Chief Counsel (Income Tax and Accounting)
(4) Issues under the Assistant Chief Counsel (Passthroughs and Special
Industries)
.02 Issues under the jurisdiction of the Associate Chief Counsel (Employee
Benefits and Exempt Organizations)
.03 Issues under the jurisdiction of the Associate Chief Counsel (Enforcement
Litigation)
.04 Issues under the jurisdiction of the Associate Chief Counsel (International)
SECTION 4. ON WHAT
ISSUES MUST WRITTEN
GUIDANCE BE REQUESTED
UNDER DIFFERENT
PROCEDURES?
p. 19.01 Alcohol, tobacco, and firearms taxes
.02 Employee plans and exempt organizations
SECTION 5. UNDER WHAT
CIRCUMSTANCES DOES THE
NATIONAL OFFICE ISSUE
LETTER RULINGS?
p. 19.01 In income and gift tax matters
.02 Request for extension of time for making an election or for other relief
under § 301.9100–1T of the temporary Procedure and Administration
Regulations
.03 Determinations under § 999(d) of the Internal Revenue Code
.04 In matters involving § 367
.05 In estate tax matters
.06 In matters involving additional estate tax under § 2032A(c)
.07 In matters involving qualified domestic trusts under § 2056A
.08 In generation–skipping transfer tax matters
.09 In employment and excise tax matters
.10 In administrative provisions matters
.11 Generally not to business associations or groups
.12 Generally not to foreign governments
.13 Generally not on federal tax consequences of proposed legislation
.14 Issuance of a letter ruling before the issuance of a regulation or other
published guidance
SECTION 6. UNDER WHAT
CIRCUMSTANCES DO
DISTRICT DIRECTORS ISSUE
DETERMINATION LETTERS?
p. 23.01 In income and gift tax matters
.02 In estate tax matters
.03 In generation-skipping transfer tax matters
.04 In employment and excise tax matters
.05 Circumstances under which determination letters are not issued by district
director
.06 Requests concerning income, estate, or gift tax returns
.07 Attach a copy of determination letter to taxpayer’s return
.08 Review of determination letters
12

SECTION 7. UNDER WHAT
CIRCUMSTANCES DOES THE
SERVICE HAVE DISCRETION
TO ISSUE LETTER RULINGS
AND DETERMINATION
LETTERS?
p. 24.01 Ordinarily not in certain areas because of factual nature of the problem
.02 Not on alternative plans or hypothetical situations
.03 Ordinarily not on part of an integrated transaction
.04 On constructive sales price under § 4216(b) or § 4218(c)
SECTION 8. WHAT ARE THE
GENERAL INSTRUCTIONS
FOR REQUESTING LETTER
RULINGS AND
DETERMINATION LETTERS?
p. 25.01 Certain information required in all requests
(1) Complete statement of facts and other information
(2) Copies of all contracts, wills, deeds, agreements, instruments, and
other documents
(3) Analysis of material facts
(4) Statement regarding whether same issue is in an earlier return
(5) Statement regarding whether same or similar issue was previously
ruled on or requested, or is currently pending
(6) Statement of supporting authorities
(7) Statement of contrary authorities
(8) Statement identifying pending legislation
(9) Statement identifying information to be deleted from copy of letter
ruling or determination letter for public inspection
(10) Signature by taxpayer or authorized representative
(11) Authorized representatives
(12) Power of attorney and declaration of representative
(13) Penalties of perjury statement
(14) Number of copies of request to be submitted
(15) Sample format for a letter ruling request
(16) Checklist for letter ruling requests
.02 Additional information required in certain circumstances
(1) To request separate letter rulings for multiple issues in a single
situation
(2) To designate recipient of original or copy of letter ruling or
determination letter
(3) To request a particular conclusion on a proposed transaction
(4) To request expeditious handling
(5) To receive a letter ruling or submit a request for a letter ruling by
facsimile transmission (fax)
(6) To request a conference
(7) To obtain the applicable user fee for substantially identical letter
rulings or identical accounting method changes
.03 Address to send the request
(1) Requests for letter rulings
(2) Requests for determination letters
.04 Pending letter ruling requests
.05 When to attach letter ruling to return
.06 How to check on status of request
.07 Request may be withdrawn or national office may decline to issue letter
ruling
.08 Compliance with Treasury Department Circular No. 230
13

SECTION 9. WHAT OTHER
CHECKLISTS, GUIDELINE
REVENUE PROCEDURES,
SAFE HARBOR REVENUE
PROCEDURES, AND
AUTOMATIC CHANGE
REVENUE PROCEDURES AND
NOTICES APPLY TO CERTAIN
REQUESTS?
p. 33.01 Checklists and guideline revenue procedures and notices
.02 Safe harbor revenue procedures
.03 Automatic change revenue procedures and notices
SECTION 10. HOW DOES THE
NATIONAL OFFICE HANDLE
LETTER RULING REQUESTS?
p. 38.01 Controls request and refers it to appropriate Assistant Chief Counsel or to
the Office of Associate Chief Counsel (International)
.02 Branch representative contacts taxpayer within 21 days
.03 Notifies taxpayer if any issues have been referred to another branch or
office
.04 Determines if transaction can be modified to obtain favorable letter ruling
.05 Is not bound by informal opinion expressed
.06 Tells taxpayer if request lacks essential information during initial contact
.07 Requires prompt submission of additional information requested after initial
contact
.08 Near the completion of the ruling process, advises the taxpayer of
conclusions and, if the Service will rule adversely, offers the taxpayer the
opportunity to withdraw the letter ruling request
.09 May request draft of proposed letter ruling near the completion of the ruling
process
.10 Issues separate letter rulings for substantially identical letter rulings and
generally issues a single letter ruling for identical accounting method
changes
.11 Sends copy of letter ruling to district director
SECTION 11. HOW ARE
CONFERENCES SCHEDULED?
p. 41.01 Schedules a conference if requested by taxpayer
.02 Permits taxpayer one conference of right
.03 Disallows verbatim recording of conferences
.04 Makes tentative recommendations on substantive issues
.05 May offer additional conferences
.06 Requires written confirmation of information presented at conference
.07 May schedule a pre-submission conference
.08 Under limited circumstances, may schedule a conference to be held by
telephone
SECTION 12. WHAT EFFECT
WILL A LETTER RULING
HAVE?
p. 42.01 May be relied on subject to limitations
.02 Will not apply to another taxpayer
.03 Will be used by a district director in examining the taxpayer’s return
.04 May be revoked or modified if found to be in error
.05 Not generally revoked or modified retroactively
.06 Retroactive effect of revocation or modification applied to a particular
transaction
.07 Retroactive effect of revocation or modification applied to a continuing
action or series of actions
.08 Generally not retroactively revoked or modified if related to sale or lease
subject to excise tax
14

.09 May be retroactively revoked or modified when transaction is entered into
before the issuance of the letter ruling
.10 May be retroactively revoked or modified when transaction is entered into
after a change in material facts
.11 Taxpayer may request that retroactivity be limited
(1) Request for relief under § 7805(b) must be made in required format
(2) Taxpayer may request a conference on application of § 7805(b)
SECTION 13. WHAT EFFECT
WILL A DETERMINATION
LETTER HAVE?
p. 45.01 Has same effect as a letter ruling
.02 Taxpayer may request that retroactive effect of revocation or modification
be limited
(1) Request for relief under § 7805(b ) must be made in required format
(2) Taxpayer may request a conference on application of § 7805(b)
SECTION 14. UNDER WHAT
CIRCUMSTANCES ARE
MATTERS REFERRED
BETWEEN A DISTRICT OFFICE
AND THE NATIONAL OFFICE?
p. 46.01 Requests for determination letters
.02 No-rule areas
.03 Requests for letter rulings
SECTION 15. WHAT ARE THE
USER FEE REQUIREMENTS
FOR REQUESTS FOR LETTER
RULINGS AND
DETERMINATION LETTERS?
p. 46.01 Legislation authorizing user fees
.02 Requests to which a user fee applies
.03 Requests to which a user fee does not apply
.04 Exemptions from the user fee requirements
.05 Fee schedule
.06 Applicable user fee for a request involving multiple offices, fee categories,
issues, transactions, or entities
.07 Applicable user fee for substantially identical letter rulings or identical
accounting method changes
.08 Method of payment
.09 Effect of nonpayment or payment of incorrect amount
.10 Refunds of user fee
.11 Request for reconsideration of user fee
SECTION 16. WHAT
SIGNIFICANT CHANGES HAVE
BEEN MADE TO REV. PROC.
96–1?
p. 51
SECTION 17. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
p. 52
SECTION 18. WHAT IS THE
EFFECTIVE DATE OF THIS
REVENUE PROCEDURE?
p. 52
SECTION 19. PAPERWORK
REDUCTION ACT
p. 53
DRAFTING INFORMATIONp. 53
INDEXp. 54
APPENDIX A—SCHEDULE OF
USER FEES
p. 56
15

APPENDIX B—SAMPLE
FORMAT FOR A LETTER
RULING REQUEST
p. 59
APPENDIX C—CHECKLIST
FOR A LETTER RULING
REQUEST
p. 61
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
This revenue procedure explains how the Internal Revenue Service gives guidance to
taxpayers on issues under the jurisdiction of the Associate Chief Counsel (Domestic), the
Associate Chief Counsel (Employee Benefits and Exempt Organizations), the Associate
Chief Counsel (Enforcement Litigation), and the Associate Chief Counsel (International). It
explains the kinds of guidance and the manner in which guidance is requested by taxpayers
and provided by the Service. A sample format of a request for a letter ruling is provided in
Appendix B.
Description of terms used in
this revenue procedure
For purposes of this revenue procedure—
(1) any reference to district director or district office includes their respective offices or,
when appropriate, the Assistant Commissioner (International);
(2) the term ‘‘taxpayer’’ includes all persons subject to any provision of the Internal
Revenue Code (including issuers of § 103 obligations) and, when appropriate, their
representatives; and
(3) the term ‘‘national office’’ refers to the Office of Associate Chief Counsel (Domestic),
the Office of Associate Chief Counsel (Employee Benefits and Exempt Organizations), the
Office of Associate Chief Counsel (Enforcement Litigation), or the Office of Associate
Chief Counsel (International), as appropriate.
Updated annuallyThe revenue procedure is updated annually as the first revenue procedure of the year, but
may be modified or amplified during the year.
SECTION 2. IN WHAT FORM
IS GUIDANCE PROVIDED BY
THE OFFICES OF ASSOCIATE
CHIEF COUNSEL (DOMESTIC),
ASSOCIATE CHIEF COUNSEL
(EMPLOYEE BENEFITS AND
EXEMPT ORGANIZATIONS),
ASSOCIATE CHIEF COUNSEL
(ENFORCEMENT LITIGATION),
AND ASSOCIATE CHIEF
COUNSEL (INTERNATIONAL)?
The Service provides guidance in the form of letter rulings, closing agreements,
determination letters, information letters, revenue rulings, and oral advice.
Letter ruling.01A ‘‘letter ruling’’ is a written statement issued to a taxpayer by the national office
that interprets and applies the tax laws to the taxpayer’s specific set of facts. A letter ruling
includes the written permission or denial of permission by the national office to a request
for a change in a taxpayer’s accounting method or accounting period. Once issued, a letter
ruling may be revoked or modified for any number of reasons, as explained in section 12 of
this revenue procedure, unless it is accompanied by a ‘‘closing agreement.’’
Closing agreement.02A closing agreement is a final agreement between the Service and a taxpayer on a
specific issue or liability. It is entered into under the authority in § 7121 and is final unless
fraud, malfeasance, or misrepresentation of a material fact can be shown.
A closing agreement may be entered into when it is advantageous to have the matter
permanently and conclusively closed or when a taxpayer can show that there are good
reasons for an agreement and that making the agreement will not prejudice the interests of
the Government. In appropriate cases, a taxpayer may be asked to enter into a closing
agreement as a condition to the issuance of a letter ruling.
If, in a single case, a closing agreement is requested for each person in a class of
taxpayers, separate agreements are entered into only if the class consists of 25 or fewer
taxpayers. However, if the issue and holding are identical for the class and there are more
than 25 taxpayers in the class, a ‘‘mass closing agreement’’ will be entered into with the
taxpayer who is authorized by the others to represent the class.
16Sec. 1

Determination letter.03A ‘‘determination letter’’ is a written statement issued by a district director that
applies the principles and precedents previously announced by the national office to a
specific set of facts. It is issued only when a determination can be made based on clearly
established rules in the statute, a tax treaty, or the regulations, or based on a conclusion in a
revenue ruling, opinion, or court decision published in the Internal Revenue Bulletin that
specifically answers the questions presented.
A determination letter does not include assistance provided by the U.S. competent
authority pursuant to the mutual agreement procedure in tax treaties as set forth in Rev.
Proc. 96–13, 1996–1 C.B. 616.
Information letter.04An ‘‘information letter’’ is a statement issued either by the national office or by a
district director. It calls attention to a well-established interpretation or principle of tax law
(including a tax treaty) without applying it to a specific set of facts. An information letter
may be issued if the taxpayer’s inquiry indicates a need for general information or if the
taxpayer’s request does not meet the requirements of this revenue procedure and the Service
thinks general information will help the taxpayer. The taxpayer should provide a daytime
telephone number with the taxpayer’s request for an information letter. An information letter
is advisory only and has no binding effect on the Service.
Revenue ruling.05A ‘‘revenue ruling’’ is an interpretation by the Service that has been published in the
Internal Revenue Bulletin. It is the conclusion of the Service on how the law is applied to a
specific set of facts. Revenue rulings are issued only by the national office and are
published for the information and guidance of taxpayers, Service personnel, and other
interested parties.
Because each revenue ruling represents the conclusion of the Service regarding the
application of law to the entire statement of facts involved, taxpayers, Service personnel,
and other concerned parties are cautioned against reaching the same conclusion in other
cases unless the facts and circumstances are substantially the same. They should consider
the effect of subsequent legislation, regulations, court decisions, revenue rulings, notices,
and announcements. See Rev. Proc. 89–14, 1989–1 C.B. 814, which states the objectives of,
and standards for, the publication of revenue rulings and revenue procedures in the Internal
Revenue Bulletin.
Oral guidance.06
(1) No oral rulings, and no written rulings in response to oral requests.
The Service does not orally issue letter rulings or determination letters, nor does it issue
letter rulings or determination letters in response to oral requests from taxpayers. However,
Service employees ordinarily will discuss with taxpayers or their representatives inquiries
regarding whether the Service will rule on particular issues and questions relating to
procedural matters about submitting requests for letter rulings or determination letters for a
particular case.
(2) Discussion possible on substantive issues.
At the discretion of the Service and as time permits, substantive issues also may be
discussed. However, such a discussion will not be binding on the Service and cannot be
relied upon as a basis for obtaining retroactive relief under the provisions of § 7805(b).
Substantive tax issues involving the taxpayer that are under examination, in appeals, or in
litigation will not be discussed by Service employees not directly involved in the
examination, appeal, or litigation of the issues unless the discussion is coordinated with
those Service employees who are directly involved in the examination, appeal, or litigation
of the issues. The taxpayer or the taxpayer’s representative ordinarily will be asked whether
the oral request for guidance or information relates to a matter pending before another
office of the Service.
If a tax issue is not under examination, in appeals, or in litigation, the tax issue may be
discussed even though the issue is affected by a nontax issue pending in litigation.
A taxpayer may seek oral technical guidance from a taxpayer service representative in a
district office or service center when preparing a return or report. Oral guidance is advisory
only, and the Service is not bound to recognize it, for example, in the examination of the
taxpayer’s return.
17Sec. 2.06

The Service does not respond to letters seeking to confirm the substance of oral
discussions, and the absence of a response to such a letter is not confirmation of the
substance of the letter.
SECTION 3. ON WHAT
ISSUES MAY TAXPAYERS
REQUEST WRITTEN
GUIDANCE UNDER THIS
PROCEDURE?
Taxpayers may request letter rulings, information letters, and closing agreements under
this revenue procedure on issues within the jurisdiction of the Associate Chief Counsel
(Domestic), the Associate Chief Counsel (Employee Benefits and Exempt Organizations),
the Associate Chief Counsel (Enforcement Litigation), and the Associate Chief Counsel
(International). The national office issues letter rulings to answer written inquiries of
individuals and organizations about their status for tax purposes and the tax effects of their
acts or transactions when appropriate in the interest of sound tax administration.
Taxpayers also may request determination letters within the jurisdiction of the appropriate
district director offices that relate to the Code sections under the jurisdiction of the
Associate Chief Counsel (Domestic), the Associate Chief Counsel (Employee Benefits and
Exempt Organizations), the Associate Chief Counsel (Enforcement Litigation), or the
Associate Chief Counsel (International).
Issues under the jurisdiction
of the Associate Chief
Counsel (Domestic)
.01Issues under the jurisdiction of the Associate Chief Counsel (Domestic) include all
issues under the jurisdiction of the various Assistant Chief Counsels as explained below.
Issues under the Assistant
Chief Counsel (Corporate)
(1) Issues under the Assistant Chief Counsel (Corporate) include those that involve
consolidated returns, corporate acquisitions, reorganizations, liquidations, redemptions,
spinoffs, transfers to controlled corporations, distributions to shareholders, corporate
bankruptcies, the effect of certain ownership changes on net operating loss carryovers and
other tax attributes, debt vs. equity determinations, allocation of income and deductions
among taxpayers, acquisitions made to evade or avoid income tax, and certain earnings and
profits questions.
Issues under the Assistant
Chief Counsel (Financial
Institutions and Products)
(2) Issues under the Assistant Chief Counsel (Financial Institutions and Products) include
those that involve income taxes and accounting method changes of banks, savings and loan
associations, real estate investment trusts (REITs), regulated investment companies (RICs),
real estate mortgage investment conduits (REMICs), tax-exempt obligations, mortgage credit
certificates (MCCs), insurance companies and products, and financial products.
Issues under the Assistant
Chief Counsel (Income Tax
and Accounting)
(3) Issues under the Assistant Chief Counsel (Income Tax and Accounting) include those
that involve recognition and timing of income and deductions of individuals and
corporations, sales and exchanges, capital gains and losses, installment sales, equipment
leasing, inventories, the alternative minimum tax, accounting method changes for these and
other miscellaneous issues, various administrative provisions, and accounting periods.
Issues under the Assistant
Chief Counsel (Passthroughs
and Special Industries)
(4) Issues under the Assistant Chief Counsel (Passthroughs and Special Industries)
include those that involve income taxes of S corporations (except accounting periods and
methods) and certain noncorporate taxpayers (including partnerships, common trust funds,
and trusts); entity classification; estate, gift, generation-skipping transfer, and certain excise
taxes; amortization, depreciation, depletion, and other engineering issues; accounting method
changes for depreciation and amortization; cooperative housing corporations; farmers’
cooperatives (under § 521); the low-income housing, disabled access, and qualified electric
vehicle credits; research and experimental expenditures; shipowners’ protection and
indemnity associations (under § 526); and certain homeowners associations (under § 528).
Issues under the jurisdiction
of the Associate Chief
Counsel (Employee Benefits
and Exempt Organizations)
.02Issues under the jurisdiction of the Associate Chief Counsel (Employee Benefits and
Exempt Organizations) include those that involve income tax and other tax aspects of
executive compensation and employee benefit programs (other than those within the
jurisdiction of the Assistant Commissioner (Employee Plans and Exempt Organizations)),
employment taxes, and taxes on self-employment income.
Issues under the jurisdiction
of the Associate Chief
Counsel (Enforcement
Litigation)
.03Issues under the jurisdiction of the Associate Chief Counsel (Enforcement Litigation)
include issues only under the jurisdiction of the Assistant Chief Counsel (General
Litigation). Issues under the Assistant Chief Counsel (General Litigation) include those that
involve collection.
Issues under the jurisdiction
of the Associate Chief
Counsel (International)
.04Issues under the jurisdiction of the Associate Chief Counsel (International) include
the tax treatment of nonresident aliens and foreign corporations; withholding of tax on
nonresident aliens and foreign corporations; foreign tax credit; determination of sources of
income; income from sources without the United States; subpart F questions; domestic
18Sec. 2.06

international sales corporations (DISCs); foreign sales corporations (FSCs); international
boycott determinations; treatment of certain passive foreign investment companies; and
income affected by treaty.
For the procedures to obtain advance pricing agreements under § 482, see Rev. Proc.
96–53, 1996–49 I.R.B. 9.
For the procedures concerning competent authority relief arising under the application and
interpretation of tax treaties between the United States and other countries, see Rev. Proc.
96–13. However, competent authority consideration for an advance pricing agreement
should be requested under Rev. Proc. 96–53.
SECTION 4. ON WHAT
ISSUES MUST WRITTEN
GUIDANCE BE REQUESTED
UNDER DIFFERENT
PROCEDURES?
Alcohol, tobacco, and
firearms taxes
.01The procedures for obtaining letter rulings, etc., that apply to federal alcohol,
tobacco, and firearms taxes under subtitle E of the Code are under the jurisdiction of the
Bureau of Alcohol, Tobacco and Firearms. (See 26 C.F.R. § 601.328 (1996)).
Employee plans and exempt
organizations
.02The procedures for obtaining letter rulings, determination letters, etc., on employee
plans and exempt organizations are under the jurisdiction of the Assistant Commissioner
(Employee Plans and Exempt Organizations). See Rev. Proc. 97–4, this Bulletin. See also
Rev. Proc. 97–6, this Bulletin, for the procedures for issuing determination letters on the
qualified status of pension, profit-sharing, stock bonus, annuity, and employee stock
ownership plans under §§ 401, 403(a), 409, and 4975(e)(7), and the status for exemption of
any related trusts or custodial accounts under § 501(a).
For the user fee requirements applicable to requests for letter rulings, determination
letters, etc., under the jurisdiction of the Assistant Commissioner (Employee Plans and
Exempt Organizations), see Rev. Proc. 97–8.
SECTION 5. UNDER WHAT
CIRCUMSTANCES DOES THE
NATIONAL OFFICE ISSUE
LETTER RULINGS?
In income and gift tax
matters
.01In income and gift tax matters, the national office generally issues a letter ruling on a
proposed transaction and on a completed transaction if the letter ruling request is submitted
before the return is filed for the year in which the transaction that is the subject of the
request was completed.
(1) Circumstances under which a letter ruling is not ordinarily issued.The national
office ordinarily does not issue a letter ruling if, at the time the letter ruling is requested,
the identical issue is involved in the taxpayer’s return for an earlier period and that issue—
(a) is being examined by a district director;
(b) is being considered by an appeals office;
(c) is pending in litigation in a case involving the taxpayer or a related taxpayer;
(d) has been examined by a district director or considered by an appeals office and the
statutory period of limitations has not expired for assessment or for filing a claim for refund
or credit of tax; or
(e) has been examined by a district director or considered by an appeals office and a
closing agreement covering the issue or liability has not been entered into by a district
director or by an appeals office.
If a return dealing with an issue for a particular year is filed while a request for a letter
ruling on that issue is pending, the national office will issue the letter ruling unless it is
notified by the taxpayer or otherwise learns that an examination of that issue or the identical
issue on an earlier year’s return has been started by a district director.Seesection 8.04 of
this revenue procedure. However, even if an examination has begun, the national office
ordinarily will issue the letter ruling if the district director agrees, by memorandum, to the
issuance of the letter ruling.
19Sec. 5.01

(2) No letter ruling on a property conversion after return filed.The national office
does not issue a letter ruling on the replacement of involuntarily converted property,
whether or not the property has been replaced, if the taxpayer has already filed a return for
the taxable year in which the property was converted. However, the district director may
issue a determination letter in this case.Seesection 6.01 of this revenue procedure.
Request for extension of time
for making an election or for
other relief under
§ 301.9100–1T of the
temporary Procedure and
Administration Regulations
.02The national office will consider a request for an extension of time for making an
election or other application for relief under § 301.9100–1T of the temporary Procedure and
Administration Regulations. Even if submitted after the return covering the issue presented
in the § 301.9100–1T request has been filed and even if submitted after an examination of
the return has begun or after the issues in the return are being considered by an appeals
office or a federal court, a § 301.9100–1T request is a letter ruling request. Therefore, the
§ 301.9100–1T request should be submitted pursuant to this revenue procedure.
However, an election made pursuant to § 301.9100–2T is not a letter ruling request and
does not require payment of any user fee.See§ 301.9100–2T(d) and section 15.03(1) of
this revenue procedure. Such an election pertains to an automatic extension of time under
§ 301.9100–1T.
(1) Format of request.A § 301.9100–1T request (other than an election made pursuant
to § 301.9100–2T) must be in the general form of, and meet the general requirements for, a
letter ruling request. These requirements are given in section 8 of this revenue procedure. In
addition, the § 301.9100–1T request must include the information required by
§ 301.9100–3T(e).
(2) Statute of limitations.The running of any applicable period of limitations is not
suspended for the period during which a § 301.9100–1T request has been filed.See
§ 301.9100–3T(d)(2). If the period of limitations on assessment under § 6501(a) for the
taxable year in which an election should have been made or any taxable year that would
have been affected by the election had it been timely made will expire before receipt of a
§ 301.9100–1T letter ruling, the Service ordinarily will not issue a § 301.9100–1T ruling.
See§ 301.9100–3T(c)(1)(ii). Therefore, the taxpayer must secure a consent under
§ 6501(c)(4) to extend the period of limitations on assessment. Note that the filing of a
claim for refund under § 6511 does not extend the period of limitations on assessment. If
§ 301.9100–1T relief is granted, the Service may require the taxpayer to consent to an
extension of the period of limitations on assessment.See§ 301.9100–3T(d)(2).
(3) Taxpayer must notify national office if examination of return begins while
request is pending.If the Service starts an examination of the taxpayer’s return for the
taxable year in which an election should have been made or any taxable year that would
have been affected by the election had it been timely made while a § 301.9100–1T request
is pending, the taxpayer must notify the national office.See§ 301.9100–3T(e)(4)(i) and
section 8.04(1)(b) of this revenue procedure.
(4) National office will notify district director, appeals officer, or government counsel
of § 301.9100–1T request if return is being examined or is being considered by an
appeals office or a federal court.If the taxpayer’s return for the taxable year in which an
election should have been made or any taxable year that would have been affected by the
election had it been timely made is being examined by a district office or considered by an
appeals office or a federal court, the national office will notify the appropriate district
director, appeals officer, or government counsel that a § 301.9100–1T request has been
submitted to the national office. The examining officer, appeals officer, or government
counsel is not authorized to deny consideration of a § 301.9100–1T request. The letter
ruling will be mailed to the taxpayer and a copy will be sent to the appropriate district
director, appeals officer, or government counsel.
Determinations under
§ 999(d) of the Internal
Revenue Code
.03Under Rev. Proc. 77–9, 1977–1 C.B. 542, the Office of Associate Chief Counsel
(International) issues determinations under § 999(d) that may deny certain benefits of the
foreign tax credit, deferral of earnings of foreign subsidiaries and domestic international
sales corporations (DISCs), and tax exemption for foreign trade income of a foreign sales
corporation or a small foreign sales corporation (FSC or small FSC) to a person, if that
person, a member of a controlled group (within the meaning of § 993(a)(3)) that includes
the person, or a foreign corporation of which a member of the controlled group is a United
States shareholder, agrees to participate in, or cooperate with, an international boycott.
Requests for determinations under Rev. Proc. 77–9 are letter ruling requests and, therefore,
20Sec. 5.01

should be submitted to the Associate Chief Counsel (International) pursuant to this revenue
procedure.
In matters involving § 367.04Unless the issue is covered by section 7 of this revenue procedure, the Office of
Associate Chief Counsel (International) may issue a letter ruling under § 367 even if the
taxpayer does not request a letter ruling as to the characterization of the transaction under
the reorganization provisions of the Code. The Office of Associate Chief Counsel
(International) will determine the § 367 consequences of a transaction based on the
taxpayer’s characterization of the transaction but will indicate in the letter ruling that it
expresses no opinion as to the characterization of the transaction under the reorganization.
However, the Office of Associate Chief Counsel (International) may decline to issue a
§ 367 ruling in situations in which the taxpayer inappropriately characterizes the transaction
under the reorganization provisions.
In estate tax matters.05In general, the national office issues prospective letter rulings on transactions
affecting the estate tax on the prospective estate of a living person and affecting the estate
tax on the estate of a decedent before the decedent’s estate tax return is filed. The national
office will not issue letter rulings for prospective estates on computations of tax, actuarial
factors, and factual matters.
If the taxpayer is requesting a letter ruling regarding a decedent’s estate tax and the estate
tax return is due to be filed before the letter ruling is expected to be issued, the taxpayer
should obtain an extension of time for filing the return and should notify the national office
branch considering the letter ruling request that an extension has been obtained.
If the return is filed before the letter ruling is received from the national office, the
taxpayer must disclose on the return that a letter ruling has been requested, attach a copy of
the pending letter ruling request to the return, and notify the national office that the return
has been filed.Seesection 8.04 of this revenue procedure. The national office will make
every effort to issue the letter ruling within 3 months of the date the return was filed.
If the letter ruling cannot be issued within that 3-month period, the national office will
notify the district director having jurisdiction over the return, who may, by memorandum to
the national office, grant an additional period for the issuance of the letter ruling.
In matters involving additional
estate tax under § 2032A(c)
.06In matters involving additional estate tax under § 2032A(c), the national office issues
letter rulings on proposed transactions and on completed transactions that occurred before
the return is filed.
In matters involving qualified
domestic trusts under
§ 2056A
.07In matters involving qualified domestic trusts under § 2056A, the national office
issues letter rulings on proposed transactions and on completed transactions that occurred
before the return is filed.
In generation-skipping
transfer tax matters
.08In general, the national office issues letter rulings on proposed transactions that affect
the generation-skipping transfer tax and on completed transactions that occurred before the
return is filed. In the case of a generation-skipping trust or trust equivalent, letter rulings are
issued either before or after the trust or trust equivalent has been established. The national
office will issue letter rulings on the application of the effective date rules for
generation-skipping transfer tax (§ 1433 of the Tax Reform Act of 1986, 1986–3 (Vol. 1)
C.B. 1, 648) to wills, trusts, and trust equivalents in existence on October 22, 1986, and to
generation-skipping transfers taking place on or before October 22, 1986.
In employment and excise tax
matters
.09In employment and excise tax matters, the national office issues letter rulings on
proposed transactions and on completed transactions either before or after the return is filed
for those transactions. Requests regarding employment status (employer/employee
relationship) from federal agencies and instrumentalities should be submitted directly to the
national office. Requests from other taxpayers must first be submitted to the appropriate
Service office listed on the current Form SS–8 (Rev. July 1996).Seesection 6.04 of this
revenue procedure. Generally, the employer is the taxpayer and requests the letter ruling.
However, if the worker asks for the letter ruling, both the worker and the employer are
considered to be the taxpayer and both are entitled to the letter ruling.
The national office usually will not issue a letter ruling if, at the time the letter ruling is
requested, the identical issue is involved in the taxpayer’s return for an earlier period and
that issue—
(1) is being examined by a district director;
21Sec. 5.09

(2) is being considered by an appeals office;
(3) is pending in litigation in a case involving the taxpayer or a related taxpayer;
(4) has been examined by a district director or considered by an appeals office and the
statutory period of limitations has not expired for assessment or for filing a claim for refund
or credit of tax; or
(5) has been examined by a district director or considered by an appeals office and a
closing agreement covering the issue or liability has not been entered into by a district
director or by an appeals office.
If a return involving an issue for a particular year is filed while a request for a letter
ruling on that issue is pending, the national office will issue the letter ruling unless it is
notified by the taxpayer or otherwise learns that an examination of that issue or an
examination of the identical issue on an earlier year’s return has been started by a district
director.Seesection 8.04 of this revenue procedure. However, even if an examination has
begun, the national office ordinarily will issue the letter ruling if the district director agrees,
by memorandum, to the issuance of the letter ruling.
In administrative provisions
matters
.10
(1) In general.The national office issues letter rulings on matters arising under the Code
and related statutes and regulations that involve—
(a) the time, place, manner, and procedures for reporting and paying taxes;
(b) the assessment and collection of taxes (including interest and penalties);
(c) the abatement, credit, or refund of an overassessment or overpayment of tax; or
(d) the filing of information returns.
(2) Circumstances under which a letter ruling is not ordinarily issued.The national
office ordinarily does not issue a letter ruling if, at the time the letter ruling is requested,
the identical issue is involved in the taxpayer’s return for an earlier period and that issue—
(a) is being examined by a district director;
(b) is being considered by an appeals office;
(c) is pending in litigation in a case involving the taxpayer or a related taxpayer;
(d) has been examined by a district director or considered by an appeals office and the
statutory period of limitations has not expired for assessment or for filing a claim for refund
or credit of tax; or
(e) has been examined by a district director or considered by an appeals office and a
closing agreement covering the issue or liability has not been entered into by a district
director or appeals office.
If a return involving an issue for a particular year is filed while a request for a letter
ruling on that issue is pending, the national office will issue the letter ruling unless it is
notified by the taxpayer or otherwise learns that an examination of that issue or an
examination of the identical issue on an earlier year’s return has been started by a district
director.Seesection 8.04 of this revenue procedure. But, even if an examination has begun,
the national office ordinarily will issue the letter ruling if the district director agrees, by
memorandum, to the issuance of the letter ruling.
Generally not to business
associations or groups
.11The national office does not issue letter rulings to business, trade, or industrial
associations or to similar groups concerning the application of the tax laws to members of
the group. But groups and associations may submit suggestions of generic issues that would
be appropriately addressed in revenue rulings. See Rev. Proc. 89–14, which states the
objectives of, and standards for, the publication of revenue rulings and revenue procedures
in the Internal Revenue Bulletin.
The national office, however, may issue letter rulings to groups or associations on their
own tax status or liability if the request meets the requirements of this revenue procedure.
22Sec. 5.09

Generally not to foreign
governments
.12The national office does not issue letter rulings to foreign governments or their
political subdivisions about the U.S. tax effects of their laws. The national office also does
not issue letter rulings on the effect of a tax treaty on the tax laws of a treaty country for
purposes of determining the tax of the treaty country.Seesection 13.02 of Rev. Proc.
96–13, 1996–1 C.B. at
. However, the national office will continue to exchange
correspondence with treaty partners pursuant to the consultation provisions in tax treaties. In
addition, the national office may issue letter rulings to foreign governments or their political
subdivisions on their own tax status or liability under U.S. law if the request meets the
requirements of this revenue procedure.
Generally not on federal tax
consequences of proposed
legislation
.13The national office does not issue letter rulings on a matter involving the federal tax
consequences of any proposed federal, state, local, municipal, or foreign legislation. The
national office, however, may provide general information in response to an inquiry.
Issuance of a letter ruling
before the issuance of a
regulation or other published
guidance
.14Unless the issue is covered by section 7 of this revenue procedure, Rev. Proc. 97–3,
this Bulletin, or Rev. Proc. 97–7, this Bulletin, a letter ruling may be issued before the
issuance of a temporary or final regulation or other published guidance that interprets the
provisions of any act under the following conditions:
(1) Answer is clear or is reasonably certain.If the letter ruling request presents an
issue for which the answer seems clear by applying the statute to the facts or for which the
answer seems reasonably certain but not entirely free from doubt, a letter ruling will be
issued.
(2) Answer is not reasonably certain.The Service will consider all letter ruling requests
and use its best efforts to issue a letter ruling even if the answer does not seem reasonably
certain where the issuance of a letter ruling is in the best interests of tax administration.
(3) Issue cannot be readily resolved before a regulation or any other published
guidance is issued.A letter ruling will not be issued if the letter ruling request presents an
issue that cannot be readily resolved before a regulation or any other published guidance is
issued. However, when the Service has closed a regulation project or any other published
guidance project that might have answered the issue or decides not to open a regulation
project or any other published guidance project, the appropriate branch will consider all
letter ruling requests unless the issue is covered by section 7 of this revenue procedure, Rev.
Proc. 97–3, or Rev. Proc. 97–7.
SECTION 6. UNDER WHAT
CIRCUMSTANCES DO
DISTRICT DIRECTORS ISSUE
DETERMINATION LETTERS?
District directors issue determination letters only if the question presented is specifically
answered by a statute, tax treaty, or regulation, or by a conclusion stated in a revenue
ruling, opinion, or court decision published in the Internal Revenue Bulletin.
In income and gift tax
matters
.01In income and gift tax matters, district directors issue determination letters in
response to taxpayers’ written requests on completed transactions that affect returns over
which they have examination jurisdiction. A determination letter usually is not issued for a
question concerning a return to be filed by the taxpayer if the same question is involved in
a return already filed.
Normally, district directors do not issue determination letters on the tax consequences of
proposed transactions. However, a district director may issue a determination letter on the
replacement, even though not yet made, of involuntarily converted property under § 1033,
if the taxpayer has filed an income tax return for the year in which the property was
involuntarily converted.
In estate tax matters.02In estate tax matters, district directors issue determination letters in response to
written requests affecting the estate tax returns over which the district directors have
examination jurisdiction. They do not issue determination letters on matters concerning the
application of the estate tax to the prospective estate of a living person.
In generation-skipping
transfer tax matters
.03In generation-skipping transfer tax matters, district directors issue determination
letters in response to written requests affecting the generation-skipping transfer tax returns
over which the district directors have examination jurisdiction. They do not issue
determination letters on matters concerning the application of the generation-skipping
transfer tax before the distribution or termination takes place.
In employment and excise tax
matters
.04In employment and excise tax matters, district directors issue determination letters in
response to written requests from taxpayers on completed transactions over which they have
examination jurisdiction.
23Sec. 6.04

Requests for a determination of employment status (Form SS–8) from taxpayers (other
than federal agencies and instrumentalities) must be submitted to the appropriate Service
office listed on the current Form SS–8 (Rev. July 1996) and not directly to the national
office.See alsosection 5.09 of this revenue procedure.
Circumstances under which
determination letters are not
issued by district director
.05A district director will not issue a determination letter in response to any request if—
(1) it appears that the taxpayer has directed a similar inquiry to the national office;
(2) the same issue involving the same taxpayer or a related taxpayer is pending in a case
in litigation or before an appeals office;
(3) the determination letter is requested by an industry, trade association, or similar
group; or
(4) the request involves an industry-wide problem.
Under no circumstances will a district director issue a determination letter unless it is
clearly shown that the request concerns a return that has been filed or is required to be filed
and over which the district director has, or will have, examination jurisdiction.
A district director will not issue a determination letter on an employment tax question if
the specific question for the same taxpayer or a related taxpayer has been, or is being,
considered by the Central Office of the Social Security Administration or the Railroad
Retirement Board. A district director also will not issue a determination letter on
determining constructive sales price under § 4216(b) or § 4218(c), which deal with special
provisions applicable to the manufacturer’s excise tax. The national office, however, will
issue letter rulings in this area.Seesections 6.04 and 7.04 of this revenue procedure.
Requests concerning income,
estate, or gift tax returns
.06A request received by a district director on a question concerning an income, estate,
or gift tax return already filed generally will be considered in connection with the
examination of the return. If a response is made to the request before the return is
examined, it will be considered a tentative finding in any later examination of that return.
Attach a copy of
determination letter to
taxpayer’s return
.07A taxpayer who, before filing a return, receives a determination letter about any
transaction that has been consummated and that is relevant to the return being filed should
attach a copy of the determination letter to the return when it is filed.
Review of determination
letters
.08Determination letters issued under sections 6.01 through 6.04 of this revenue
procedure are not reviewed by the national office before they are issued. If a taxpayer
believes that a determination letter of this type is in error, the taxpayer may ask the district
director to reconsider the matter or to request technical advice from the national office as
explained in Rev. Proc. 97–2, this Bulletin.
SECTION 7. UNDER WHAT
CIRCUMSTANCES DOES THE
SERVICE HAVE DISCRETION
TO ISSUE LETTER RULINGS
AND DETERMINATION
LETTERS?
Ordinarily not in certain areas
because of factual nature of
the problem
.01The Service ordinarily will not issue letter rulings or determination letters in certain
areas because of the factual nature of the problem involved or because of other reasons.
Rev. Proc. 97–3 and Rev. Proc. 97–7 provide a list of these areas. This list is not
all-inclusive because the Service may decline to issue a letter ruling or a determination
letter when appropriate in the interest of sound tax administration or on other grounds
whenever warranted by the facts or circumstances of a particular case.
Instead of issuing a letter ruling or determination letter, the national office or a district
director may, when it is considered appropriate and in the best interests of the Service, issue
an information letter calling attention to well-established principles of tax law.
Not on alternative plans or
hypothetical situations
.02A letter ruling or a determination letter will not be issued on alternative plans of
proposed transactions or on hypothetical situations.
Ordinarily not on part of an
integrated transaction
.03The national office ordinarily will not issue a letter ruling on only part of an
integrated transaction. If, however, a part of a transaction falls under a no-rule area, a letter
ruling on other parts of the transaction may be issued. Before preparing the letter ruling
request, a taxpayer should call the branch having jurisdiction for the matters on which the
24Sec. 6.04

taxpayer is seeking a letter ruling to discuss whether the national office will issue a letter
ruling on part of the transaction.
If two or more items or sub-methods of accounting are interrelated, the national office
ordinarily will not issue a letter ruling on a change in accounting method involving only
one of the items or sub-methods.
On constructive sales price
under § 4216(b) or
§ 4218(c)
.04The national office will issue letter rulings in all cases on the determination of a
constructive sales price under § 4216(b) or § 4218(c) and in all other cases on prospective
transactions if the law or regulations require a determination of the effect of a proposed
transaction for tax purposes.
SECTION 8. WHAT ARE THE
GENERAL INSTRUCTIONS
FOR REQUESTING LETTER
RULINGS AND
DETERMINATION LETTERS?
This section explains the general instructions for requesting letter rulings and
determination letters on all matters. Requests for letter rulings and determination letters
require the payment of the applicable user fee listed in Appendix A of this revenue
procedure. For additional user fee requirements, see section 15 of this revenue procedure.
Specific and additional instructions also apply to requests for letter rulings and
determination letters on certain matters. Those matters are listed in section 9 of this revenue
procedure followed by a reference (usually to another revenue procedure) where more
information can be obtained.
Certain information required
in all requests
.01
Facts(1) Complete statement of facts and other information.Each request for a letter ruling
or a determination letter must contain a complete statement of all facts relating to the
transaction. These facts include—
(a) names, addresses, telephone numbers, and taxpayer identification numbers of all
interested parties. (The term ‘‘all interested parties’’ does not mean all shareholders of a
widely held corporation requesting a letter ruling relating to a reorganization or all
employees where a large number may be involved.);
(b) the annual accounting period, and the overall method of accounting (cash or accrual)
for maintaining the accounting books and filing the federal income tax return, of all
interested parties;
(c) the location of the district office that has or will have examination jurisdiction over
the return (not the service center where the return is filed);
(d) a description of the taxpayer’s business operations;
(e) a complete statement of the business reasons for the transaction; and
(f) a detailed description of the transaction.
The Service will usually not rule on only one step of a larger integrated transaction.See
section 7.03 of this revenue procedure. However, if such a letter ruling is requested, the
facts, circumstances, true copies of relevant documents, etc., relating to the entire
transaction must be submitted.
Documents(2) Copies of all contracts, wills, deeds, agreements, instruments, and other
documents.True copies of all contracts, wills, deeds, agreements, instruments, trust
documents, proposed disclaimers, and other documents pertinent to the transaction must be
submitted with the request. The taxpayer must also submit certified English translations of
all applicable foreign laws and a copy of those laws with the request. For guidelines on the
acceptability of such documents, see Rev. Rul. 67–308, 1967–2 C.B. 254.
Each document, other than the request, should be labelled and attached to the request in
alphabetical sequence. Original documents, such as contracts, wills, etc., should not be
submitted because they become part of the Service’s file and will not be returned.
If the request concerns a corporate distribution, reorganization, or similar transaction, the
corporate balance sheet and profit and loss statement should be submitted. If the request
relates to a prospective transaction, the most recent balance sheet and profit and loss
statement should be submitted.
25Sec. 8.01(2)

Analysis of material facts(3) Analysis of material facts.All material facts in documents must be included, rather
than merely incorporated by reference, in the taxpayer’s initial request or in supplemental
letters. These facts must be accompanied by an analysis of their bearing on the issue or
issues, specifying the provisions that apply.
Same issue in an earlier
return
(4) Statement regarding whether same issue is in an earlier return.The request must
state whether, to the best of the knowledge of both the taxpayer and the taxpayer’s
representatives, the same issue is in an earlier return of the taxpayer (or in a return for any
year of a related taxpayer within the meaning of § 267, or of a member of an affiliated
group of which the taxpayer is also a member within the meaning of § 1504).
If the statement is affirmative, it must specify whether the issue—
(a) is being examined by a district director;
(b) has been examined, but the statutory period of limitations has not expired for either
assessing tax or filing a claim for refund or credit of tax;
(c) has been examined, but a closing agreement covering the issue or liability has not
been entered into by a district director;
(d) is being considered by an appeals office in connection with a return from an earlier
period;
(e) has been considered by an appeals office in connection with a return from an earlier
period, but the statutory period of limitations has not expired for either assessing tax or
filing a claim for refund or credit of tax;
(f) has been considered by an appeals office in connection with a return from an earlier
period, but a closing agreement covering the issue or liability has not been entered into by
an appeals office; or
(g) is pending in litigation in a case involving the taxpayer or a related taxpayer.
Same or similar issue
previously submitted or
currently pending
(5) Statement regarding whether same or similar issue was previously ruled on or
requested, or is currently pending.The request must also state whether, to the best of the
knowledge of both the taxpayer and the taxpayer’s representatives—
(a) the Service previously ruled on the same or a similar issue for the taxpayer (or a
related taxpayer within the meaning of § 267, or a member of an affiliated group of which
the taxpayer is also a member within the meaning of § 1504) or a predecessor;
(b) the taxpayer, a related taxpayer, a predecessor, or any representatives previously
submitted a request involving the same or a similar issue to the Service but withdrew the
request before a letter ruling or determination letter was issued;
(c) the taxpayer, a related taxpayer, or a predecessor previously submitted a request
involving the same or a similar issue that is currently pending with the Service; or
(d) at the same time as this request, the taxpayer or a related taxpayer is presently
submitting another request involving the same or a similar issue to the Service.
If the statement is affirmative for (a), (b), (c), or (d) of this section 8.01(5), the statement
must give the date the request was submitted, the date the request was withdrawn or ruled
on, if applicable, and other details of the Service’s consideration of the issue.
Statement of authorities
supporting taxpayer’s views
(6) Statement of supporting authorities.If the taxpayer advocates a particular
conclusion, an explanation of the grounds for that conclusion and the relevant authorities to
support it must be included. Even if not advocating a particular tax treatment of a proposed
transaction, the taxpayer must still furnish views on the tax results of the proposed
transaction and a statement of relevant authorities to support those views.
In all events, the request must include a statement of whether the law in connection with
the request is uncertain and whether the issue is adequately addressed by relevant
authorities.
Statement of authorities
contrary to taxpayer’s views
(7) Statement of contrary authorities.The taxpayer is also encouraged to inform the
Service about, and discuss the implications of, any authority believed to be contrary to the
position advanced, such as legislation (or pending legislation), tax treaties, court decisions,
regulations, notices, revenue rulings, revenue procedures, or announcements. If the taxpayer
26Sec. 8.01(3)

determines that there are no contrary authorities, a statement in the request to this effect
would be helpful. If the taxpayer does not furnish either contrary authorities or a statement
that none exists, the Service in complex cases or those presenting difficult or novel issues
may request submission of contrary authorities or a statement that none exists. Failure to
comply with this request may result in the Service’s refusal to issue a letter ruling or
determination letter.
Identifying and discussing contrary authorities will generally enable Service personnel to
understand the issue and relevant authorities more quickly. When Service personnel receive
the request, they will have before them the taxpayer’s thinking on the effect and
applicability of contrary authorities. This information should make research easier and lead
to earlier action by the Service. If the taxpayer does not disclose and distinguish significant
contrary authorities, the Service may need to request additional information, which will
delay action on the request.
Statement identifying pending
legislation
(8) Statement identifying pending legislation.At the time of filing the request, the
taxpayer must identify any pending legislation that may affect the proposed transaction. In
addition, if legislation is introduced after the request is filed but before a letter ruling or
determination letter is issued, the taxpayer must notify the Service.
Deletions statement required
by § 6110
(9) Statement identifying information to be deleted from copy of letter ruling or
determination letter for public inspection.The text of letter rulings and determination
letters is open to public inspection under § 6110. The Service makes deletions from the text
before it is made available for inspection. To help the Service make the deletions required
by § 6110(c), a request for a letter ruling or determination letter must be accompanied by a
statement indicating the deletions desired (‘‘deletions statement’’). If the deletions statement
is not submitted with the request, a Service representative will tell the taxpayer that the
request will be closed if the Service does not receive the deletions statement within 21
calendar days. See section 10.06 of this revenue procedure.
(a) Format of deletions statement.A taxpayer who wants only names, addresses, and
identifying numbers to be deleted should state this in the deletions statement. If the taxpayer
wants more information deleted, the deletions statement must be accompanied by a copy of
the request and supporting documents on which the taxpayer should bracket the material to
be deleted. The deletions statement must indicate the statutory basis under § 6110(c) for
each proposed deletion.
If the taxpayer decides to ask for additional deletions before the letter ruling or
determination letter is issued, additional deletions statements may be submitted.
(b) Location of deletions statement.The deletions statement must not appear in the
request, but instead must be made in a separate document and placed on top of the request
for a letter ruling or determination letter.
(c) Signature.The deletions statement must be signed and dated by the taxpayer or the
taxpayer’s authorized representative. A stamped signature is not permitted.
(d) Additional information.The taxpayer should follow the same procedures above to
propose deletions from any additional information submitted after the initial request. An
additional deletions statement, however, is not required with each submission of additional
information if the taxpayer’s initial deletions statement requests that only names, addresses,
and identifying numbers are to be deleted and the taxpayer wants only the same information
deleted from the additional information.
(e) Taxpayer may protest deletions not made.After receiving from the Service the
notice under § 6110(f)(1) of intention to disclose the letter ruling or determination letter
(including a copy of the version proposed to be open to public inspection and notation of
third-party communications under § 6110(d)), the taxpayer may protest the disclosure of
certain information in the letter ruling or determination letter. The taxpayer must send a
written statement within 20 calendar days to the Service office indicated on the notice of
intention to disclose. The statement must identify those deletions that the Service has not
made and that the taxpayer believes should have been made. The taxpayer must also submit
a copy of the version of the letter ruling or determination letter and bracket the deletions
proposed that have not been made by the Service. Generally, the Service will not consider
deleting any material that the taxpayer did not propose to be deleted before the letter ruling
or determination letter was issued.
27Sec. 8.01(9)

Within 20 calendar days after the Service receives the response to the notice under
§ 6110(f)(1), the Service will mail to the taxpayer its final administrative conclusion
regarding the deletions to be made. The taxpayer does not have the right to a conference to
resolve any disagreements concerning material to be deleted from the text of the letter
ruling or determination letter. However, these matters may be taken up at any conference
that is otherwise scheduled regarding the request.
(f) Taxpayer may request delay of public inspection.After receiving the notice under
§ 6110(f)(1) of intention to disclose, but within 60 calendar days after the date of notice,
the taxpayer may send a request for delay of public inspection under either § 6110(g)(3) or
(4). The request for delay must be sent to the Service office indicated on the notice of
intention to disclose. A request for delay under § 6110(g)(3) must contain the date on which
it is expected that the underlying transaction will be completed. The request for delay under
§ 6110(g)(4) must contain a statement from which the Commissioner of Internal Revenue
may determine that there are good reasons for the delay.
Signature on request(10) Signature by taxpayer or authorized representative.The request for a letter
ruling or determination letter must be signed and dated by the taxpayer or the taxpayer’s
authorized representative. A stamped signature is not permitted.
Authorized representatives(11) Authorized representatives.To sign the request or to appear before the Service in
connection with the request, the representative must be:
Attorney(a) An attorney who is a member in good standing of the bar of the highest court of any
state, possession, territory, commonwealth, or the District of Columbia and who is not
currently under suspension or disbarment from practice before the Service. He or she must
file a written declaration with the Service showing current qualification as an attorney and
current authorization to represent the taxpayer;
Certified public accountant(b) A certified public accountant who is duly qualified to practice in any state,
possession, territory, commonwealth, or the District of Columbia and who is not currently
under suspension or disbarment from practice before the Service. He or she must file a
written declaration with the Service showing current qualification as a certified public
accountant and current authorization to represent the taxpayer;
Enrolled agent(c) An enrolled agent who is a person, other than an attorney or certified public
accountant, that is currently enrolled to practice before the Service and is not currently
under suspension or disbarment from practice before the Service. He or she must file a
written declaration with the Service showing current enrollment and authorization to
represent the taxpayer. Either the enrollment number or the expiration date of the enrollment
card must be included in the declaration. For the rules on who may practice before the
Service, see Treasury Department Circular No. 230 (31 C.F.R. part 10 (1996));
Enrolled actuary(d) An enrolled actuary who is a person, other than an attorney or certified public
accountant, that is currently enrolled as an actuary by the Joint Board for the Enrollment of
Actuaries pursuant to 29 U.S.C. § 1242 and who is not currently under suspension or
disbarment from practice before the Service. He or she must file a written declaration with
the Service showing current qualification as an enrolled actuary and current authorization to
represent the taxpayer. Practice before the Service as an enrolled actuary is limited to
representation with respect to issues involving §§ 401, 403(a), 404, 412, 413, 414, 4971,
6057, 6058, 6059, 6652(e), 6652(f), 6692, 7805(b), former § 405, and involving 29 U.S.C.
§ 1083; or
A person with a ‘‘Letter of
Authorization’’
(e) Any other person, including a foreign representative, who has received a ‘‘Letter of
Authorization’’ from the Director of Practice under section 10.7(d) of Treasury Department
Circular No. 230. A person may make a written request for a ‘‘Letter of Authorization’’ to:
Office of Director of Practice, HR:DP, Internal Revenue Service, 1111 Constitution Avenue,
N.W., Washington, DC 20224. Section 10.7(d) of Circular No. 230 authorizes the
Commissioner to allow an individual who is not otherwise eligible to practice before the
Service to represent another person in a particular matter.
Employee, general partner,
bona fide officer,
administrator, trustee, etc.
(f) The above requirements do not apply to a regular full-time employee representing his
or her employer, to a general partner representing his or her partnership, to a bona fide
officer representing his or her corporation, association, or organized group, or to a trustee,
receiver, guardian, personal representative, administrator, or executor representing a trust,
28Sec. 8.01(9)

receivership, guardianship, or estate. A preparer of a return (other than a person referred to
in paragraph (a), (b), (c), (d), or (e) of this section 8.01(11)) who is not a full-time
employee, general partner, bona fide officer, or an administrator, trustee, etc., may not
represent a taxpayer in connection with a letter ruling or a determination letter.Seesection
10.7(c) of Treasury Department Circular No. 230.
Foreign representative(g) A foreign representative (other than a person referred to in paragraph (a), (b), (c), (d),
or (e) of this section 8.01(11)) is not authorized to practice before the Service and,
therefore, must withdraw from representing a taxpayer in a request for a letter ruling or a
determination letter. In this situation, the nonresident alien or foreign entity must submit the
request for a letter ruling or a determination letter on the individual’s or the entity’s own
behalf or through a person referred to in paragraph (a), (b), (c), (d), or (e) of this section
8.01(11).
Power of attorney and
declaration of representative
(12) Power of attorney and declaration of representative.Any authorized
representative, whether or not enrolled to practice, must also comply with the conference
and practice requirements of the Statement of Procedural Rules (26 C.F.R. § 601.501–
601.509 (1996)), which provide the rules for representing a taxpayer before the Service. It
is preferred that Form 2848, Power of Attorney and Declaration of Representative, be used
to provide the representative’s authorization (Part I of Form 2848, Power of Attorney) and
the representative’s qualification (Part II of Form 2848, Declaration of Representative). The
name of the person signing Part I of Form 2848 should also be typed or printed on this
form. A stamped signature is not permitted. For additional information regarding the power
of attorney form, see section 8.02(2) of this revenue procedure.
For the requirement regarding compliance with Treasury Department Circular No. 230,
see section 8.08 of this revenue procedure.
Penalties of perjury
statement
(13) Penalties of perjury statement.
(a) Format of penalties of perjury statement.A request for a letter ruling or
determination letter and any factual information or change in the request submitted at a later
time must be accompanied by the following declaration:‘‘Under penalties of perjury, I
declare that I have examined this request, including accompanying documents, and, to
the best of my knowledge and belief, the request contains all the relevant facts relating
to the request, and such facts are true, correct, and complete.’’A taxpayer who submits
additional factual information on several occasions may provide one declaration subsequent
to all submissions that refers to all submissions.
(b) Signature by taxpayer.The declaration must be signed and dated by the taxpayer,
not the taxpayer’s representative. A stamped signature is not permitted.
The person who signs for a corporate taxpayer must be an officer of the corporate
taxpayer who has personal knowledge of the facts and whose duties are not limited to
obtaining a letter ruling or determination letter from the Service. If the corporate taxpayer is
a member of an affiliated group filing consolidated returns, a penalties of perjury statement
must also be signed and submitted by an officer of the common parent of the group.
The person signing for a trust or partnership must be a trustee or general partner who has
personal knowledge of the facts.
Number of copies of request
to be submitted
(14) Number of copies of request to be submitted.Generally, a taxpayer needs only to
submit one copy of the request for a letter ruling or determination letter. If, however, more
than one issue is presented in the letter ruling request, the taxpayer is encouraged to submit
additional copies of the request.
Further, two copies of the request for a letter ruling or determination letter are required
if—
(a) the taxpayer is requesting separate letter rulings or determination letters on different
issues as explained later under section 8.02(1) of this revenue procedure;
(b) the taxpayer is requesting deletions other than names, addresses, and identifying
numbers, as explained in section 8.01(9)(a) of this revenue procedure. (One copy is the
request for the letter ruling or determination letter and the second copy is the deleted
version of such request.); or
(c) a closing agreement (as defined in section 2.02 of this revenue procedure) is being
requested on the issue presented.
29Sec. 8.01(14)

Sample of a letter ruling
request
(15) Sample format for a letter ruling request.To assist a taxpayer or the taxpayer’s
representative in preparing a letter ruling request, a sample format for a letter ruling request
is provided in Appendix B. This format is not required to be used by the taxpayer or the
taxpayer’s representative. If the letter ruling request is not identical or similar to the format
in Appendix B, the different format will not defer consideration of the letter ruling request.
Checklist(16) Checklist for letter ruling requests.The Service will be able to respond more
quickly to a taxpayer’s letter ruling request if the request is carefully prepared and
complete. The checklist in Appendix C of this revenue procedure is designed to assist
taxpayers in preparing a request by reminding them of the essential information and
documents to be furnished with the request. The checklist in Appendix C must be
completed to the extent required by the instructions in the checklist, signed and dated by the
taxpayer or the taxpayer’s representative, and placed on top of the letter ruling request. If
the checklist in Appendix C is not received, a branch representative will ask the taxpayer or
the taxpayer’s representative to submit the checklist, which may delay action on the letter
ruling request.
For letter ruling requests on certain matters, specific checklists supplement the checklist
in Appendix C. These checklists are listed in section 9.01 of this revenue procedure and
must also be completed and placed on top of the letter ruling request along with the
checklist in Appendix C.
Copies of the checklist in Appendix C can be obtained by calling (202) 622–7560 (not a
toll-free call). A photocopy of this checklist may be used.
Additional information
required in certain
circumstances
.02
Multiple issues(1) To request separate letter rulings for multiple issues in a single situation.If more
than one issue is presented in a request for a letter ruling, the Service generally will issue a
single letter ruling covering all the issues. However, if the taxpayer requests separate letter
rulings on any of the issues (because, for example, one letter ruling is needed sooner than
another), the Service will usually comply with the request unless it is not feasible or not in
the best interests of the Service to do so. A taxpayer who wants separate letter rulings on
multiple issues should make this clear in the request and submit two copies of the request.
In issuing each letter ruling, the Service will state that it has issued separate letter rulings
or that requests for other letter rulings are pending.
Power of attorney(2) To designate recipient of original or copy of letter ruling or determination letter.
Unless the power of attorney provides otherwise, the Service will send the original of the
letter ruling or determination letter to the taxpayer and a copy of the letter ruling or
determination letter to the taxpayer’s representative. In this case, the letter ruling or
determination letter is addressed to the taxpayer. It is preferred that Form 2848, Power of
Attorney and Declaration of Representative, be used to provide the representative’s
authorization.Seesection 8.01(12) of this revenue procedure.
Copies of letter ruling or
determination letter sent to
multiple representatives
(a) To have copies sent to multiple representatives.When a taxpayer has more than
one representative, the Service will send the copy of the letter ruling or determination letter
to the first representative named on the most recent power of attorney. If the taxpayer wants
an additional copy of the letter ruling or determination letter sent to the second
representative listed in the power of attorney, the taxpayer must check the appropriate box
on Form 2848. If this form is not used, the taxpayer must state in the power of attorney that
a copy of the letter ruling or determination letter is to be sent to the second representative
listed in the power of attorney. Copies of the letter ruling or determination letter, however,
will be sent to no more than two representatives.
Original of letter ruling or
determination letter sent to
taxpayer’s representative
(b) To have original sent to taxpayer’s representative.A taxpayer may request that the
original of the letter ruling or determination letter be sent to the taxpayer’s representative.
In this case, a copy of the letter ruling or determination letter will be sent to the taxpayer.
The letter ruling or determination letter is addressed to the taxpayer’s representative to
whom the original is sent.
If the taxpayer wants the original of the letter ruling or determination letter sent to the
taxpayer’s representative, the taxpayer must check the appropriate box on Form 2848. If this
30Sec. 8.01(15)

form is not used, the taxpayer must state in the power of attorney that the original of the
letter ruling or determination letter is to be sent to the taxpayer’s representative. When a
taxpayer has more than one representative, the Service will send the original of the letter
ruling or determination letter to the first representative named in the most recent power of
attorney.
No copy of letter ruling or
determination letter sent to
taxpayer’s representative
(c) To have no copy sent to taxpayer’s representative.If a taxpayer does not want a
copy of the letter ruling or determination letter sent to any representative, the taxpayer must
check the appropriate box on Form 2848. If this form is not used, the taxpayer must state in
the power of attorney that a copy of the letter ruling or determination letter is not to be sent
to any representative.
‘‘Two-Part’’ letter ruling
requests
(3) To request a particular conclusion on a proposed transaction.A taxpayer who is
requesting a particular conclusion on a proposed transaction may make the request for a
letter ruling in two parts. This type of request is referred to as a ‘‘two-part’’ letter ruling
request. The first part must include the complete statement of facts and related documents
described in section 8.01 of this revenue procedure. The second part must include a
summary statement of the facts the taxpayer believes to be controlling in reaching the
conclusion requested.
If the Service accepts the taxpayer’s statement of controlling facts, it will base its letter
ruling on these facts. Ordinarily, this statement will be incorporated into the letter ruling.
However, the Service reserves the right to rule on the basis of a more complete statement of
the facts and to seek more information in developing the facts and restating them.
A taxpayer who chooses this two-part procedure has all the rights and responsibilities
provided in this revenue procedure.
Taxpayers may not use the two-part procedure if it is inconsistent with other procedures,
such as those dealing with requests for permission to change accounting methods or periods,
applications for recognition of exempt status under § 521, or rulings on employment tax
status.
After the Service has resolved the issues presented by a letter ruling request, the Service
representative may request that the taxpayer submit a proposed draft of the letter ruling to
expedite the issuance of the ruling.Seesection 10.09 of this revenue procedure.
Expeditious handling(4) To request expeditious handling.The Service processes requests for letter rulings
and determination letters in order of the date received and as expeditiously as possible. A
taxpayer who has a compelling need to have a request processed ahead of the regular order
must request expeditious handling. This request must explain the need for expeditious
handling.
The request for expeditious handling must be made in writing, preferably in a separate
letter with, or soon after filing, the request for the letter ruling or determination letter. If the
request for expeditious handling is not made in a separate letter, then the letter in which the
letter ruling or determination letter request is made should say, at the top of the first page:
‘‘Expeditious Handling Is Requested. See page
of this letter.’’
A request for expeditious handling will not be forwarded to a rulings branch for action
until the check for the user fee is received.
The Service cannot give assurance that any letter ruling or determination letter will be
processed by the time requested. For example, the scheduling of a closing date for a
transaction or a meeting of the board of directors or shareholders of a corporation, without
regard for the time it may take to obtain a letter ruling or determination letter, will not be
considered a sufficient reason to process a request ahead of its regular order. Also, the
possible effect of fluctuation in the market price of stocks on a transaction will not be
considered a sufficient reason to process a request out of order. Accordingly, the Service
urges taxpayers to submit their requests well in advance of the contemplated transaction.
Facsimile transmission (fax)(5) To receive a letter ruling or submit a request for a letter ruling by facsimile
transmission (fax).
(a) To receive a letter ruling by fax.A letter ruling ordinarily is not sent by fax.
However, if the taxpayer requests, a copy of a letter ruling may be faxed to the taxpayer or
the taxpayer’s authorized representative. A letter ruling, however, is not issued until the
ruling is mailed.See§ 301.6110–2(h).
31Sec. 8.02(5)

A request to fax a copy of the letter ruling to the taxpayer or the taxpayer’s authorized
representative must be made in writing, either as part of the original letter ruling request or
prior to the approval of the letter ruling. The request must contain the fax number of the
taxpayer or the taxpayer’s authorized representative to whom the letter ruling is to be faxed.
In addition, because of the nature of a fax transmission, a statement containing a waiver
of any disclosure violations resulting from the fax transmission must accompany the
request. Nevertheless, the national office will take certain precautions to protect confidential
information. For example, the national office will use a cover sheet that identifies the
intended recipient of the fax and the number of pages transmitted and that contains a
statement prohibiting unauthorized disclosure of the letter ruling if a recipient of the faxed
letter ruling is not the intended recipient of the fax. The letter ruling will be faxed by the
Communications Unit of the Technical Services Staff (CC:DOM:CORP:T:C).
(b) To submit a request for a letter ruling by fax.Original letter ruling requests by fax
are discouraged because such requests must be treated in the same manner as requests by
letter. For example, the faxed letter ruling request will not be forwarded to the rulings
branch for action until the check for the user fee is received.
Requests for a change in accounting method or a change in accounting period must not
be submitted by fax.
Requesting a conference(6) To request a conference.A taxpayer who wants to have a conference on the issues
involved should indicate this in writing when, or soon after, filing the request.See also
sections 11.01, 11.02, and 12.11(2) of this revenue procedure.
Substantially identical letter
rulings or identical
accounting method changes
(7) To obtain the applicable user fee for substantially identical letter rulings or
identical accounting method changes.A taxpayer seeking the user fee provided in
paragraph (A)(5) of Appendix A of this revenue procedure for substantially identical letter
rulings or identical accounting method changes must provide the information required in
section 15.07 of this revenue procedure.
Address to send the request.03
Requests for letter rulings(1) Requests for letter rulingsshould be sent to the Associate Chief Counsel
(Domestic), the Associate Chief Counsel (Employee Benefits and Exempt Organizations),
the Associate Chief Counsel (Enforcement Litigation), or the Associate Chief Counsel
(International), as appropriate, at the following address:
Internal Revenue Service
Attn: CC:DOM:CORP:T
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
The package should be marked: RULING REQUEST SUBMISSION. Requests may also
be hand delivered to the drop box at the 12th Street entrance of 1111 Constitution Avenue,
N.W., Washington, DC. No receipt will be given at the drop box.
Requests for determination
letters
(2) Requests for determination lettersshould be sent to the district director whose
office has or will have examination jurisdiction over the taxpayer’s return. For fees required
with determination letter requests, see section 15 and Appendix A of this revenue procedure.
Pending letter ruling requests.04
(1) Circumstances under which the taxpayer must notify the national office.The
taxpayer must notify the national office if, after the letter ruling request is filed but before a
letter ruling is issued, the taxpayer knows that—
(a) an examination of the issue or the identical issue on an earlier year’s return has been
started by a district director;
(b) in the case of a § 301.9100–1T request, an examination of the return for the taxable
year in which an election should have been made or any taxable year that would have been
affected by the election had it been timely made has been started by a district director.See
§ 301.9100–3T(e)(4)(i) and section 5.02(3) of this revenue procedure; or
(c) legislation that may affect the transaction is introduced.Seesection 8.01(8) of this
revenue procedure.
32Sec. 8.02(5)

(2) Taxpayer must notify national office if return is filed and must attach request to
return.If the taxpayer files a return before a letter ruling is received from the national
office concerning the issue, the taxpayer must notify the national office that the return has
been filed. The taxpayer must also attach a copy of the letter ruling request to the return to
alert the district office and thereby avoid premature district action on the issue.
This section 8.04 also applies to pending requests for a closing agreement on a
transaction for which a letter ruling is not requested or issued, and for an advance pricing
agreement.
When to attach letter ruling to
return
.05
A taxpayer who receives a letter ruling before filing a return about any transaction that is
relevant to the return being filed must attach a copy of the letter ruling to the return when it
is filed.
How to check on status of
request
.06
The taxpayer or the taxpayer’s authorized representative may obtain information
regarding the status of a request by calling the person whose name and telephone number
are shown on the acknowledgement of receipt of the request or the appropriate branch
representative who contacts the taxpayer as explained in section 10.02 of this revenue
procedure.
Request may be withdrawn or
national office may decline to
issue letter ruling
.07
(1) In general.A taxpayer may withdraw a request for a letter ruling or determination
letter at any time before the letter ruling or determination letter is signed by the Service.
Correspondence and exhibits related to a request that is withdrawn or related to a letter
ruling request for which the national office declines to issue a letter ruling will not be
returned to the taxpayer.Seesection 8.01(2) of this revenue procedure. In appropriate cases,
the Service may publish its conclusions in a revenue ruling or revenue procedure.
(2) Notification of district director.If a taxpayer withdraws a request for a letter ruling
or if the national office declines to issue a letter ruling, the national office generally will
notify the appropriate district director and may give its views on the issues in the request to
the appropriate district director to consider in any later examination of the return. This
section 8.07(2) generally does not apply if the taxpayer withdraws a letter ruling request
(other than a request for a change in accounting method) and submits a written statement
that the transaction has been, or is being, abandoned and if the national office has not
formed an adverse opinion.
(3) Refunds of user fee.The user fee will not be returned for a letter ruling request that
is withdrawn. If the national office declines to issue a letter ruling on all of the issues in the
request, the user fee will be returned. If the national office, however, issues a letter ruling
on some, but not all, of the issues, the user fee will not be returned. See section 15.10 of
this revenue procedure for additional information regarding refunds of user fees.
Compliance with Treasury
Department Circular No. 230
.08
The taxpayer’s authorized representative, whether or not enrolled, must comply with
Treasury Department Circular No. 230, which provides the rules for practice before the
Service. In those situations when the national office believes that the taxpayer’s
representative is not in compliance with Circular No. 230, the national office will bring the
matter to the attention of the Director of Practice.
For the requirement regarding compliance with the conference and practice requirements,
see section 8.01(12) of this revenue procedure.
SECTION 9. WHAT OTHER
CHECKLISTS, GUIDELINE
REVENUE PROCEDURES,
SAFE HARBOR REVENUE
PROCEDURES, AND
AUTOMATIC CHANGE
REVENUE PROCEDURES AND
NOTICES APPLY TO CERTAIN
REQUESTS?
Specific revenue procedures and notices supplement the general instructions for requests
explained in section 8 of this revenue procedure and apply to requests for letter rulings or
determination letters regarding the Code sections and matters listed in this section.
33Sec. 9

Checklists and guideline
revenue procedures and
notices
.01For requests relating to the following Code sections and subject matters, see the
following checklists and guideline revenue procedures and notices.
CODE OR REGULATION SECTIONREVENUE PROCEDURE AND NOTICE
103, 141–150, 7478, and 7871
Issuance of state or local
obligations
Rev. Proc. 96–16, 1996–1 C.B. 630 (for a reviewable ruling under § 7478 and a
nonreviewable ruling); Rev. Proc. 88–31, 1988–1 C.B. 832 (for approval of areas of chronic
economic distress); and Rev. Proc. 82–26, 1982–1 C.B. 476 (for ‘‘on behalf of’’ and similar
issuers). For approval of areas of chronic economic distress, Rev. Proc. 88–31 explains how
this approval must be submitted to the Assistant Secretary for Housing/Federal Housing
Commissioner of the Department of Housing and Urban Development.
1.166–2(d)(3)
Uniform express determination
letter for making election
Rev. Proc. 92–84, 1992–2 C.B. 489.
Subchapter C—Corporate
Distributions and Adjustments
Rev. Proc. 77–37, 1977–2 C.B. 568, as modified by Rev. Proc. 89–30, 1989–1 C.B. 895,
and as amplified by Rev. Proc. 77–41, 1977–2 C.B. 574, Rev. Proc. 83–81, 1983–2 C.B.
598 (see alsoRev. Proc. 97–3), Rev. Proc. 84–42, 1984–1 C.B. 521 (superseded as to
no-rule areas by Rev. Proc. 85–22, 1985–1 C.B. 550), Rev. Proc. 86–42, 1986–2 C.B. 722,
and Rev. Proc. 89–50, 1989–2 C.B. 631. But see Rev. Proc. 97–3, section 3.01(23) (certain
combining reorganizations under § 368), section 3.01(24) (mergers or consolidations under
§ 368(a)(1)(A)), section 3.01(25) (stock acquisitions under § 368(a)(1)(B)), and section
3.01(28) (corporate changes under § 368(a)(1)(F)), which describe certain corporate
reorganizations where the Service will not issue advance letter rulings or determination
letters.
301
Nonapplicability on sales of stock
of employer to defined
contribution plan
Rev. Proc. 87–22, 1987–1 C.B. 718.
302, 311
Checklist questionnaire
Rev. Proc. 86–18, 1986–1 C.B. 551; and Rev. Proc. 77–41, 1977–2 C.B. 574.
302(b)(4)
Checklist questionnaire
Rev. Proc. 81–42, 1981–2 C.B. 611.
331
Checklist questionnaire
Rev. Proc. 86–16, 1986–1 C.B. 546.
332
Checklist questionnaire
Rev. Proc. 90–52, 1990–2 C.B. 626.
351
Checklist questionnaire
Rev. Proc. 83–59, 1983–2 C.B. 575. But see section 3.01(22) of Rev. Proc. 97–3, which
describes certain transfers to controlled corporations where the Service will not issue
advance letter rulings or determination letters.
355
Checklist questionnaire
Rev. Proc. 96–30, 1996–1 C.B. 696.
368(a)(1)(E)
Checklist questionnaire
Rev. Proc. 81–60, 1981–2 C.B. 680. But see section 3.01(27) of Rev. Proc. 97–3, which
describes circumstances under which the Service will not issue advance letter rulings or
determination letters as to whether a transaction constitutes a corporate recapitalization
within the meaning of § 368(a)(1)(E) (or a transaction that also qualifies under § 1036).
482
Advance pricing agreements
Rev. Proc. 96–53, 1996–49 I.R.B. 9.
521
Appeal procedure with regard to
adverse determination letters and
revocation or modification of
exemption letter rulings and
determination letters
Rev. Proc. 90–27, 1990–1 C.B. 514.
1.817–5(a)(2)
Issuer of a variable contract
requesting relief
Rev. Proc. 92–25, 1992–1 C.B. 741.
34Sec. 9.01

1.1502–76(a)(1)
Consent to file a consolidated
return where member(s) of the
affiliated group use a 52–53 week
taxable year
Rev. Proc. 89–56, 1989–2 C.B. 643.
1504(a)(3)(A) and (B)
Waiver of application of
§ 1504(a)(3)(A) for certain
corporations
Rev. Proc. 91–71, 1991–2 C.B. 900.
1552
Consent to elect or change
method of allocating affiliated
group’s consolidated federal
income tax liability
Rev. Proc. 90–39, 1990–2 C.B. 365, as clarified by Rev. Proc. 90–39A, 1990–2 C.B. 367.
4980BRev. Proc. 87–28, 1987–1 C.B. 770 (treating references to former § 162(k) as if they were
references to § 4980B).
SUBJECT MATTERSREVENUE PROCEDURE
Accounting methodsRev. Proc. 92–20, 1992–1 C.B. 685, as modified by Rev. Proc. 97–1 (this revenue
procedure), and T.D. 8680, 1996–33 I.R.B. 5; and Rev. Proc. 97–1 (this revenue procedure)
for which sections 1, 2.01, 2.02, 2.06, 3.01(2), 3.01(3), 3.01(4), 5.02, 5.12, 5.14, 7.01, 7.02,
7.03, 8.01(1), 8.01(2), 8.01(3), 8.01(4), 8.01(5), 8.01(6), 8.01(7), 8.01(8), 8.01(11), 8.01(12),
8.01(13), 8.01(14), 8.02(2), 8.02(4), 8.02(5)(a), 8.02(6), 8.02(7), 8.03(1), 8.04, 8.05, 8.06,
8.07, 8.08, 9, 10.01, 10.04, 10.05, 10.07, 10.08, 10.10(2), 10.11, 11, 12, 15, and Appendix A
are applicable.
Accounting periods; adopt, retain
or change for partnership, S
corporation, and personal service
corporation
Rev. Proc. 87–32, 1987–2 C.B. 396, as modified by T.D. 8680, 1996–33 I.R.B. 5; and Rev.
Proc. 97–1 (this revenue procedure) for which sections 1, 2.01, 2.02, 2.06, 3.01(3), 5.02,
5.12, 5.14, 7.01, 7.02, 7.03, 8.01(1), 8.01(2), 8.01(3), 8.01(4), 8.01(5), 8.01(6), 8.01(7),
8.01(8), 8.01(11), 8.01(12), 8.01(13), 8.01(14), 8.02(2), 8.02(4), 8.02(5)(a), 8.02(6), 8.03(1)
(only for Forms 1128 filed under section 6.01 of Rev. Proc. 87–32), 8.04, 8.05, 8.06, 8.07,
8.08, 9, 10.01, 10.04, 10.05, 10.07, 10.08, 11, 12, 15, and Appendix A are applicable.
Accounting periods; changes in
period
Rev. Proc. 92–13, 1992–1 C.B. 665, as modified and amplified by Rev. Proc. 92–13A,
1992–1 C.B. 668, and as modified by Rev. Proc. 94–12, 1994–1 C.B. 565; and Rev. Proc.
97–1 (this revenue procedure) for which sections 1, 2.01, 2.02, 2.06, 3.01(3), 5.02, 5.12,
5.14, 7.01, 7.02, 7.03, 8.01(1), 8.01(2), 8.01(3), 8.01(4), 8.01(5), 8.01(6), 8.01(7), 8.01(8),
8.01(11), 8.01(12), 8.01(13), 8.01(14), 8.02(2), 8.02(4), 8.02(5)(a), 8.02(6), 8.03(1), 8.04,
8.05, 8.06, 8.07, 8.08, 9, 10.01, 10.04, 10.05, 10.07, 10.08, 11, 12, 15, and Appendix A are
applicable.
Classification of liquidating trusts Rev. Proc. 82–58, 1982–2 C.B. 847, as modified and amplified by Rev. Proc. 94–45,
1994–2 C.B. 684, and as amplified by Rev. Proc. 91–15, 1991–1 C.B. 484 (checklist
questionnaire), as modified and amplified by Rev. Proc. 94–45.
Earnings and profits
determinations
Rev. Proc. 75–17, 1975–1 C.B. 677; and Rev. Proc. 97–1 (this revenue procedure) for
which sections 2.06, 3.01(3), 8, 10.04, 10.06, and 11.05 are applicable.
Estate, gift, and
generation-skipping transfer tax
issues
Rev. Proc. 91–14, 1991–1 C.B. 482 (checklist questionnaire).
Deferred intercompany
transactions; election not to defer
gain or loss
Rev. Proc. 82–36, 1982–1 C.B. 490.
Leveraged leasingRev. Proc. 75–21, 1975–1 C.B. 715, as modified by Rev. Proc. 76–30, 1976–2 C.B. 647,
Rev. Proc. 79–48, 1979–2 C.B. 529, and Rev. Proc. 81–71, 1981–2 C.B. 731; and Rev.
Proc. 75–28, 1975–1 C.B. 752, as modified by Rev. Proc. 79–48 and Rev. Proc. 81–71.
Rate orders; regulatory agency;
normalization
A letter ruling request that involves a question of whether a rate order that is proposed or
issued by a regulatory agency will meet the normalization requirements of § 168(f)(2)
(pre-tax Reform Act of 1986, § 168(e)(3)) and former §§ 46(f) and 167(l) ordinarily will
not be considered unless the taxpayer states in the letter ruling request whether—
35Sec. 9.01

(1) the regulatory authority responsible for establishing or approving the taxpayer’s rates
has reviewed the request and believes that the request is adequate and complete; and
(2) the taxpayer will permit the regulatory authority to participate in any national office
conference concerning the request.
If the taxpayer or the regulatory authority informs a consumer advocate of the request for a
letter ruling and the advocate wishes to communicate with the Service regarding the request,
any such communication should be sent to: Internal Revenue Service, Associate Chief
Counsel (Domestic), Attention CC:DOM:CORP:T, P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. These communications will be treated as third party contacts for
purposes of § 6110.
Unfunded deferred compensation Rev. Proc. 71–19, 1971–1 C.B. 698, as amplified by Rev. Proc. 92–65, 1992–2 C.B. 428.
See Rev. Proc. 92–64, 1992–2 C.B. 422, for the model trust for use in Rabbi Trust
Arrangements.
Safe harbor revenue procedures .02For requests relating to the following Code sections and subject matters, see the
following safe harbor revenue procedures.
CODE OR REGULATION
SECTION
REVENUE PROCEDURE
103 and 141–150
Issuance of state or local
obligations
Rev. Proc. 93–17, 1993–1 C.B. 507 (changes of use of proceeds); and Rev. Proc. 93–19,
1993–1 C.B. 526 (management contracts).
280B
Certain structural modifications to
a building not treated as a
demolition
Rev. Proc. 95–27, 1995–1 C.B. 704.
355(a)(1)(B)
Transaction not violating the
device test
Section 4.05(1)(b) of Rev. Proc. 96–30, 1996–1 C.B. at
.
584(a)
Qualification of a proposed
common trust fund plan
Rev. Proc. 92–51, 1992–1 C.B. 988.
642(c)(5)
Qualification of trusts as pooled
income funds
Rev. Proc. 88–53, 1988–2 C.B. 712.
664(d)(1)
Qualification of trusts as
charitable remainder annuity
trusts
Rev. Proc. 89–21, 1989–1 C.B. 842, as amplified by Rev. Proc. 90–32, 1990–1 C.B. 546.
664(d)(2)
Qualification of trusts as
charitable remainder unitrusts
Rev. Proc. 89–20, 1989–1 C.B. 841, as amplified by Rev. Proc. 90–30, 1990–1 C.B. 534.
664(d)(2) and (3)
Qualification of trusts as
charitable remainder unitrusts
Rev. Proc. 90–31, 1990–1 C.B. 539.
1286
Determination of reasonable
compensation under mortgage
service contracts
Rev. Proc. 91–50, 1991–2 C.B. 778.
1362(f)
Automatic inadvertent termination
relief to certain corporations
Rev. Proc. 94–23, 1994–1 C.B. 609.
20.2056A–2(d)(1)(i) and (d)(1)(ii)
Sample trust language
Rev. Proc. 96–54, 1996–50 I.R.B. 9.
36Sec. 9.01

1.7704–2(d)
New business activity of existing
partnership is closely related to
pre-existing business
Rev. Proc. 92–101, 1992–2 C.B. 579.
SUBJECT MATTERSREVENUE PROCEDURE
Certain rent-to-own contracts
treated as leases
Rev. Proc. 95–38, 1995–2 C.B. 397.
Automatic change revenue
procedures and notices
.03For requests to change an accounting period or accounting method, see the following
automatic change revenue procedures and notices published and in effect as of December
31, 1996. A taxpayer complying timely with an automatic change revenue procedure or
notice will be deemed to have obtained the consent of the Commissioner to change the
taxpayer’s accounting period or accounting method, as applicable.
CODE SECTIONREVENUE PROCEDURE
442
Changes in accounting periods
The automatic change revenue procedures for obtaining a change in annual accounting
period include: Rev. Proc. 92–13, 1992–1 C.B. 665, as modified by Rev. Proc. 94–12,
1994–1 C.B. 565, and as modified and amplified by Rev. Proc. 92–13A, 1992–1 C.B. 668
(certain corporations that have not changed their accounting period within the prior 6
calendar years or other specified time); Rev. Proc. 87–32, 1987–2 C.B. 396, as modified by
T.D. 8680, 1996–33 I.R.B. 5 (partnership, S corporation, or personal service corporation
seeking a natural business year or an ownership taxable year); Rev. Proc. 68–41, 1968–2
C.B. 943, as modified by Rev. Proc. 81–40, 1981–2 C.B. 604 (trusts held by certain
fiduciaries needing a workload spread); and Rev. Proc. 66–50, 1966–2 C.B. 1260, as
modified by Rev. Proc. 81–40 (individual seeking a calendar year).
446
Changes in accounting methods
The automatic change revenue procedures and notices for obtaining a change in method of
accounting include: Rev. Proc. 96–31, 1996–1 C.B. 714 (certain taxpayers seeking to
change depreciation or amortization for certain depreciable or amortizable property); Notice
95–57, 1995–2 C.B. 337 (cash method banks in the Eighth Circuit seeking to change to the
cash method of accounting for stated interest on short-term loans made in the ordinary
course of business); Rev. Proc. 95–33, 1995–2 C.B. 380 (certain small resellers, formerly
small resellers, or reseller-producers seeking to change their method of accounting for costs
subject to § 263A); Rev. Proc. 95–25, 1995–1 C.B. 701 (certain taxpayers seeking to elect
a historic absorption ratio under § 263A for their first, second, or third taxable year
beginning on or after January 1, 1994); Rev. Proc. 95–19, 1995–1 C.B. 664 (taxpayers
seeking to change certain methods of accounting for interest costs subject to § 263A(f) for
their first or second taxable year beginning on or after January 1, 1994); Rev. Proc. 94–29,
1994–1 C.B. 616 (certain taxpayers seeking to change to the principal-reduction method for
loans acquired on or after a certain cut-off date); Rev. Proc. 93–13, 1993–1 C.B. 482
(certain taxpayers required to change method for deducting amounts owed to related foreign
persons in order to comply with § 267(a)(3)); Rev. Proc. 92–98, 1992–2 C.B. 512 (certain
accrual method taxpayers selling multi-year service warranty contracts seeking to elect the
service warranty income method); Rev. Proc. 92–75, 1992–2 C.B. 448 (certain taxpayers,
other than those required to use inventories, seeking to change to an accrual method); Rev.
Proc. 92–74, 1992–2 C.B. 442 (certain taxpayers, required to use inventories, seeking to
change to an accrual method); Rev. Proc. 92–67, 1992–2 C.B. 429 (certain taxpayers with
one or more market discount bonds seeking to make a constant interest rate election or
revoke an election under § 1278(b)); Rev. Proc. 92–29, 1992–1 C.B. 748 (certain taxpayers
seeking to use an alternative method under § 461(h) for the inclusion of common
improvement costs in basis); Rev. Proc. 91–51, 1991–2 C.B. 779 (certain taxpayers that sell
mortgages and retain rights to service the mortgages); Rev. Proc. 91–49, 1991–2 C.B. 777
(holders of certain mortgages that are stripped bonds); Rev. Proc. 91–31, 1991–1 C.B. 566
(certain utilities holding customer deposits); Rev. Proc. 90–63, 1990–2 C.B. 664 (certain
taxpayers changing their accounting treatment of package design costs); Rev. Proc. 90–37,
1990–2 C.B. 361 (certain taxpayers with interest income from short-term loans); Rev. Proc.
89–46, 1989–2 C.B. 597 (cash basis taxpayers with certain United States savings bonds);
Rev. Proc. 88–15, 1988–1 C.B. 683 (certain taxpayers seeking to discontinue LIFO
inventory method); Rev. Proc. 85–8, 1985–1 C.B. 495 (certain taxpayers seeking to change
from specific charge-off method to reserve method for bad debts); Rev. Proc. 84–76,
1984–2 C.B. 751 (taxpayers seeking to treat prepaid subscription income under the
provisions of § 455); Rev. Proc. 84–30, 1984–1 C.B. 482 (taxpayers who used the Rule of
37Sec. 9.03

78’s for interest on consumer loans); Rev. Proc. 84–29, 1984–1 C.B. 480 (individual
borrowers who reported interest deductions in accordance with the Rule of 78’s); and Rev.
Proc. 74–11, 1974–1 C.B. 420 (taxpayers seeking to change their method of depreciation
accounting for property subject to § 167).
SECTION 10. HOW DOES THE
NATIONAL OFFICE HANDLE
LETTER RULING REQUESTS?
The national office will issue letter rulings on the matters and under the circumstances
explained in sections 3 and 5 of this revenue procedure and in the manner explained in this
section and section 11 of this revenue procedure.
Controls request and refers it
to appropriate Assistant Chief
Counsel or to the Office of
Associate Chief Counsel
(International)
.01All requests for letter rulings will be controlled by the Technical Services Staff of the
Assistant Chief Counsel (Corporate) (CC:DOM:CORP:T). That office will examine the
incoming documents for completeness, process the user fee, and forward the file to the
appropriate Assistant Chief Counsel or, for letter ruling requests under the jurisdiction of the
Associate Chief Counsel (International), to the Office of Associate Chief Counsel
(International). The Assistant Chief Counsel’s office or the Office of Associate Chief
Counsel (International), as appropriate, will assign the letter ruling request to one of its
branches.
Branch representative
contacts taxpayer within 21
days
.02Within 21 calendar days after a letter ruling request has been received in the branch
having jurisdiction, a representative of the branch will discuss the procedural issues in the
letter ruling request with the taxpayer or, if the request includes a properly executed power
of attorney, with the authorized representative unless the power of attorney provides
otherwise. If the case is complex or a number of issues are involved, it may not be possible
for the branch representative to discuss the substantive issues during this initial contact.
However, when possible, for each issue within the branch’s jurisdiction, the branch
representative will tell the taxpayer—
(1) whether the branch representative will recommend that the Service rule as the
taxpayer requested, rule adversely on the matter, or not rule;
(2) whether the taxpayer should submit additional information to enable the Service to
rule on the matter; or
(3) whether, because of the nature of the transaction or the issue presented, a tentative
conclusion on the issue cannot be reached.
Except for cases involving a request for change in accounting method or accounting
period, the 21 calendar day procedure applies to: all matters within the jurisdiction of
the Assistant Chief Counsel (Corporate), the Assistant Chief Counsel (Income Tax and
Accounting), the Assistant Chief Counsel (Passthroughs and Special Industries), the
Associate Chief Counsel (Employee Benefits and Exempt Organizations), the Associate
Chief Counsel (Enforcement Litigation), and the Associate Chief Counsel
(International); and all matters within the jurisdiction of the Assistant Chief Counsel
(Financial Institutions and Products), except cases concerning insurance issues
requiring actuarial computations.
Notifies taxpayer if any issues
have been referred to
another branch or office
.03If the letter ruling request involves matters within the jurisdiction of more than one
branch or office, a representative of the branch that received the original request will tell
the taxpayer within the initial 21 days—
(1) that the matters within the jurisdiction of another branch or office have been referred
to that branch or office for consideration; and
(2) that a representative of that branch or office will contact the taxpayer within 21
calendar days after receiving the referral to discuss informally the procedural and, to the
extent possible, the substantive issues in the request.
Determines if transaction can
be modified to obtain
favorable letter ruling
.04If a less than fully favorable letter ruling is indicated, the branch representative will
tell the taxpayer whether minor changes in the transaction or adherence to certain published
positions would bring about a favorable ruling. The branch representative may also tell the
taxpayer the facts that must be furnished in a document to comply with Service
requirements. However, the branch representative will not suggest precise changes that
would materially alter the form of the proposed transaction or materially alter a taxpayer’s
proposed accounting method or accounting period.
If, at the end of this discussion, the branch representative determines that a meeting in the
national office would be more helpful to develop or exchange information, a meeting will
38Sec. 9.03

be offered and an early meeting date arranged. When offered, this meeting is in addition to
the taxpayer’s conference of right that is described in section 11.02 of this revenue
procedure.
Is not bound by informal
opinion expressed
.05The Service will not be bound by the informal opinion expressed by the branch
representative or any other authorized Service representative, and such an opinion cannot be
relied upon as a basis for obtaining retroactive relief under the provisions of § 7805(b).
Tells taxpayer if request lacks
essential information during
initial contact
.06If a request for a letter ruling or determination letter does not comply with all the
provisions of this revenue procedure, the branch representative will tell the taxpayer during
the initial contact which requirements have not been met.
Information must be
submitted within 21 calendar
days
(1) If the request lacks essential information, which may include additional information
needed to satisfy the procedural requirements of this revenue procedure, as well as
substantive changes to transactions or documents needed from the taxpayer, the branch
representative will tell the taxpayer during the initial contact that the request will be closed
if the Service does not receive the information within 21 calendar days unless an extension
of time is granted. See sections 10.07(1), (2), and (3) of this revenue procedure for
instructions on submissions of additional information.
21-day period will be
extended if justified and
approved
(2) An extension of the 21-day period will be granted only if justified in writing by the
taxpayer and approved by the branch chief, senior technician reviewer (or senior technical
reviewer), or assistant to the branch chief (or assistant branch chief) of the branch to which
the case is assigned. A request for extension should be submitted before the end of the
21-day period. If unusual circumstances close to the end of the 21-day period make a
written request impractical, the taxpayer should notify the national office within the 21-day
period that there is a problem and that the written request for extension will be coming
soon. The taxpayer will be told promptly, and later in writing, of the approval or denial of
the requested extension. If the extension request is denied, there is no right of appeal.
Letter ruling request closed if
the taxpayer does not submit
information
(3) If the taxpayer does not submit the information requested during the initial contact
within the time provided, the letter ruling request will be closed and the taxpayer will be
notified in writing.If the information is received after the request is closed, the request
will be reopened and treated as a new request as of the date the information is
received. However, the taxpayer must pay another user fee before the case can be
reopened.
Letter ruling request
mistakenly sent to district
director
(4) A request for a letter ruling sent to the district director that does not comply with the
provisions of this revenue procedure will be returned by the district director so that the
taxpayer can make corrections before sending it to the national office.
Requires prompt submission
of additional information
requested after initial contact
.07
(1) Material facts furnished to the Service by telephone or fax, or orally at a conference,
must be promptly confirmed by letter to the Service with a declaration that the information
is provided under penalties of perjury in the form described in section 8.01(13) of this
revenue procedure. This confirmation and any additional information requested by the
Service that is not part of the information requested during the initial contact must be
furnished within 21 calendar days to be considered part of the request.
To facilitate prompt action on letter ruling requests, taxpayers are encouraged to submit
additional information by fax as soon as the information is available. The Service
representative who requests additional information can provide a telephone number to which
the information can be faxed. A copy of this information and a signed perjury statement,
however, must be mailed or delivered to the Service.
Address to send additional
information
(2) Additional information should be sent to:
Internal Revenue Service
ADDITIONAL INFORMATION
Attn: [Name, office symbols, and room number of the Service representative who
requested the information]
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
39Sec. 10.07

However, for cases involving a request for change in accounting method or period under
the jurisdiction of the Assistant Chief Counsel (Income Tax and Accounting), and a request
for an extension of time under § 301.9100–1T on such cases, the additional information
should be sent to:
Internal Revenue Service
ADDITIONAL INFORMATION
Attn: [Name, office symbols, and room number of the Service representative who
requested the information]
P.O. Box 14095
Ben Franklin Station
Washington, DC 20044
For all cases, the additional information should include the name, office symbols, and
room number of the Service representative who requested the information, and the
taxpayer’s name and the case control number, which the Service representative can provide.
Number of copies of
additional information to be
submitted
(3) Generally, a taxpayer needs only to submit one copy of the additional information.
However, in appropriate cases, the national office may request additional copies of the
information.
21-day period will be
extended if justified and
approved
(4) An extension of the 21-day period will be granted only if justified in writing by the
taxpayer and approved by the branch chief, senior technician reviewer (or senior technical
reviewer), or assistant to the branch chief (or assistant branch chief) of the branch to which
the case is assigned. A request for extension should be submitted before the end of the
21-day period. If unusual circumstances close to the end of the 21-day period make a
written request impractical, the taxpayer should notify the national office within the 21-day
period that there is a problem and that the written request for extension will be coming
soon. The taxpayer will be told promptly, and later in writing, of the approval or denial of
the requested extension. If the extension request is denied, there is no right of appeal.
If taxpayer does not submit
additional information
(5) If the taxpayer does not follow the instructions for submitting additional information
or requesting an extension within the time provided, a letter ruling will be issued on the
basis of the information on hand or, if appropriate, no letter ruling will be issued. When the
Service decides not to issue a letter ruling because essential information is lacking, the case
will be closed and the taxpayer notified in writing.
If the Service receives the information after the letter ruling request is closed, the
request may be reopened and treated as a new request. However, the taxpayer must
pay another user fee before the case can be reopened.This paragraph does not apply to
cases involving a request for change in accounting method.
Near the completion of the
ruling process, advises the
taxpayer of conclusions and,
if the Service will rule
adversely, offers the taxpayer
the opportunity to withdraw
the letter ruling request
.08Generally, after the conference of right is held but before the letter ruling is issued,
the branch representative will inform the taxpayer or the taxpayer’s representative of the
Service’s conclusions. If the Service is going to rule adversely, the taxpayer will be offered
the opportunity to withdraw the letter ruling request. If the taxpayer or the taxpayer’s
representative does not promptly notify the branch representative of a decision to withdraw
the ruling request, the adverse letter ruling will be issued. The user fee will not be refunded
for a letter ruling request that is withdrawn.Seesection 8.07 of this revenue procedure.
May request draft of
proposed letter ruling near
the completion of the ruling
process
.09To accelerate issuance of letter rulings, in appropriate cases near the completion of
the ruling process, the Service representative may request that the taxpayer or the taxpayer’s
representative submit a proposed draft of the letter ruling on the basis of discussions of the
issues. The taxpayer, however, is not required to prepare a draft letter ruling to receive a
letter ruling.
The format of the submission should be discussed with the Service representative who
requests the draft letter ruling. The representative usually can provide a sample format of a
letter ruling and will discuss the facts, analysis, and letter ruling language to be included.
Taxpayer may also submit
draft on a word processing
disk
In addition to a typed draft, taxpayers are encouraged to submit this draft on a disk in a
word processing format. The typed draft will become part of the permanent files of the
national office, and the word processing disk will not be returned. If the Service
representative requesting the draft letter ruling cannot answer specific questions about the
format of the word processing disk, the questions can be directed to Wayne Thomas at
202–622–7560 or Roberta Hardaker at 202–622–4015 (not toll-free calls).
40Sec. 10.07

The proposed letter ruling (both typed draft and word processing disk) should be sent to
the same address as any additional information and contain in the transmittal the
information that should be included with any additional information (for example, a
penalties of perjury statement is required).Seesection 10.07 of this revenue procedure.
Issues separate letter rulings
for substantially identical
letter rulings and generally
issues a single letter ruling
for identical accounting
method changes
.10
(1) Substantially identical letter rulings.For letter ruling requests qualifying for the
user fee provided in paragraph (A)(5)(a) of Appendix A of this revenue procedure for
substantially identical letter rulings, a separate letter ruling will be issued for each entity
with a common member or sponsor, or for each member of a common entity.
(2) Identical accounting method changes and related § 301.9100–1T letter rulings.
For letter ruling requests qualifying for the user fee provided in paragraphs (A)(5)(b) and
(c) of Appendix A of this revenue procedure for identical accounting method changes and
related § 301.9100–1T letter rulings, a single letter ruling generally will be issued on behalf
of all members of a consolidated group that file a Form 3115, Application for Change in
Accounting Method, or that request an extension of time to file a Form 3115 under
§ 301.9100–1T. If, however, different spread periods for the § 481(a) adjustment or
different terms and conditions are required, separate letter rulings may be issued for certain
members or groups of members within a consolidated group. Each letter ruling will include
an attachment listing the § 481(a) adjustment for each member to which the letter ruling
applies.
Sends copy of letter ruling to
district director
.11The national office will send a copy of the letter ruling, whether favorable or
adverse, to the district director who has examination jurisdiction of the taxpayer’s tax
return.
SECTION 11. HOW ARE
CONFERENCES SCHEDULED?
Schedules a conference if
requested by taxpayer
.01A taxpayer may request a conference regarding a letter ruling request. Normally, a
conference is scheduled only when the national office considers it to be helpful in deciding
the case or when an adverse decision is indicated. If conferences are being arranged for
more than one request for a letter ruling involving the same taxpayer, they will be
scheduled so as to cause the least inconvenience to the taxpayer. As stated in section 8.02(6)
of this revenue procedure, a taxpayer who wants to have a conference on the issue or issues
involved should indicate this in writing when, or soon after, filing the request.
If a conference has been requested, the taxpayer will be notified by telephone, if possible,
of the time and place of the conference, which must then be held within 21 calendar days
after this contact. Instructions for requesting an extension of the 21-day period and notifying
the taxpayer or the taxpayer’s representative of the Service’s approval or denial of the
request for extension are the same as those explained in section 10.07(4) of this revenue
procedure regarding providing additional information.
Permits taxpayer one
conference of right
.02A taxpayer is entitled, as a matter of right, to only one conference in the national
office, except as explained under section 11.05 of this revenue procedure. This conference
normally will be held at the branch level and will be attended by a person who, at the time
of the conference, has the authority to sign the letter ruling in his or her own name or for
the branch chief.
When more than one branch has taken an adverse position on an issue in a letter ruling
request or when the position ultimately adopted by one branch will affect that adopted by
another, a representative from each branch with the authority to sign in his or her own name
or for the branch chief will attend the conference. If more than one subject is to be
discussed at the conference, the discussion will constitute a conference on each subject.
To have a thorough and informed discussion of the issues, the conference usually will be
held after the branch has had an opportunity to study the case. However, at the request of
the taxpayer, the conference of right may be held earlier.
No taxpayer has a right to appeal the action of a branch to an assistant chief counsel or
to any other official of the Service. But see section 11.05 of this revenue procedure for
situations in which the Service may offer additional conferences.
In employment tax matters, only the party entitled to the letter ruling is entitled to a
conference.Seesection 5.09 of this revenue procedure.
41Sec. 11.02

Disallows verbatim recording
of conferences
.03Because conference procedures are informal, no tape, stenographic, or other verbatim
recording of a conference may be made by any party.
Makes tentative
recommendations on
substantive issues
.04The senior Service representative present at the conference ensures that the taxpayer
has the opportunity to present views on all the issues in question. A Service representative
explains the Service’s tentative decision on the substantive issues and the reasons for that
decision. If the taxpayer asks the Service to limit the retroactive effect of any letter ruling
or limit the revocation or modification of a prior letter ruling, a Service representative will
discuss the recommendation concerning this issue and the reasons for the recommendation.
The Service representatives will not make a commitment regarding the conclusion that the
Service will finally adopt.
May offer additional
conferences
.05The Service will offer the taxpayer an additional conference if, after the conference
of right, an adverse holding is proposed, but on a new issue, or on the same issue but on
different grounds from those discussed at the first conference. There is no right to another
conference when a proposed holding is reversed at a higher level with a result less
favorable to the taxpayer, if the grounds or arguments on which the reversal is based were
discussed at the conference of right.
The limit on the number of conferences to which a taxpayer is entitled does not prevent
the Service from offering additional conferences, including conferences with an official
higher than the branch level, if the Service decides they are needed. Such conferences are
not offered as a matter of course simply because the branch has reached an adverse
decision. In general, conferences with higher level officials are offered only if the Service
determines that the case presents significant issues of tax policy or tax administration and
that the consideration of these issues would be enhanced by additional conferences with the
taxpayer.
Requires written confirmation
of information presented at
conference
.06The taxpayer should furnish to the national office any additional data, reasoning,
precedents, etc., that were proposed by the taxpayer and discussed at the conference but not
previously or adequately presented in writing. The taxpayer must furnish the additional
information within 21 calendar days from the date of the conference. See section 10.07 of
this revenue procedure for instructions on submission of additional information. If the
additional information is not received within that time, a letter ruling will be issued on the
basis of the information on hand or, if appropriate, no ruling will be issued.
Procedures for requesting an extension of the 21-day period and notifying the taxpayer or
the taxpayer’s representative of the Service’s approval or denial of the requested extension
are the same as those stated in section 10.07(4) of this revenue procedure regarding
submitting additional information.
May schedule a
pre-submission conference
.07Sometimes it will be advantageous to both the Service and the taxpayer to hold a
conference before the taxpayer submits the letter ruling request to discuss substantive or
procedural issues relating to a proposed transaction. Such conferences are held only when
the taxpayer actually intends to make a request and only on a time-available basis.
Generally, the taxpayer will be asked to provide a draft of the letter ruling request or other
detailed written description of the proposed transaction before the pre-submission
conference.
Any discussion of substantive issues at a pre-submission conference is advisory only, is
not binding on the Service, and cannot be relied upon as a basis for obtaining retroactive
relief under the provisions of § 7805(b). A letter ruling request submitted following a
pre-submission conference will not necessarily be assigned to the branch that held the
pre-submission conference.
Under limited circumstances,
may schedule a conference
to be held by telephone
.08Infrequently, taxpayers request that their conference of right be held by telephone.
This request may occur, for example, when a taxpayer wants a conference of right but
believes that the issue involved does not warrant incurring the expense of traveling to
Washington, DC. If a taxpayer makes such a request, the branch chief, senior technician
reviewer (or senior technical reviewer), or assistant to the branch chief (or assistant branch
chief) of the branch to which the case is assigned will decide if it is appropriate in the
particular case to hold the conference of right by telephone. If the request is approved, the
taxpayer will be advised when to call the Service representatives (not a toll-free call).
SECTION 12. WHAT EFFECT
WILL A LETTER RULING
HAVE?
42Sec. 11.03

May be relied on subject to
limitations
.01A taxpayer ordinarily may rely on a letter ruling received from the Service subject to
the conditions and limitations described in this section.
Will not apply to another
taxpayer
.02A taxpayer may not rely on a letter ruling issued to another taxpayer.See
§ 6110(j)(3).
Will be used by a district
director in examining the
taxpayer’s return
.03 When determining a taxpayer’s liability, the district director must ascertain whether—
(1) the conclusions stated in the letter ruling are properly reflected in the return;
(2) the representations upon which the letter ruling was based reflected an accurate
statement of the material facts;
(3) the transaction was carried out substantially as proposed; and
(4) there has been any change in the law that applies to the period during which the
transaction or continuing series of transactions were consummated.
If, when determining the liability, the district director finds that a letter ruling should be
revoked or modified, the findings and recommendations of the district director will be
forwarded to the national office for consideration before further action is taken by the
district director. Such a referral to the national office will be treated as a request for
technical advice and the provisions of Rev. Proc. 97–2 will be followed. Otherwise, the
letter ruling is to be applied by the district director in the determination of the taxpayer’s
liability. Appropriate coordination with the national office will be undertaken if any field
official having jurisdiction over a return or other matter proposes to reach a conclusion
contrary to a letter ruling previously issued to the taxpayer.
May be revoked or modified
if found to be in error
.04Unless it was part of a closing agreement as described in section 2.02 of this revenue
procedure, a letter ruling found to be in error or not in accord with the current views of the
Service may be revoked or modified. If a letter ruling is revoked or modified, the
revocation or modification applies to all years open under the statute of limitations unless
the Service uses its discretionary authority under § 7805(b) to limit the retroactive effect of
the revocation or modification.
A letter ruling may be revoked or modified due to—
(1) a notice to the taxpayer to whom the letter ruling was issued;
(2) the enactment of legislation or ratification of a tax treaty;
(3) a decision of the United States Supreme Court;
(4) the issuance of temporary or final regulations; or
(5) the issuance of a revenue ruling, revenue procedure, notice, or other statement
published in the Internal Revenue Bulletin.
Consistent with these provisions, if a letter ruling relates to a continuing action or a series
of actions, it ordinarily will be applied until any one of the events described above occurs
or until it is specifically withdrawn.
Publication of a notice of proposed rulemaking will not affect the application of any letter
ruling issued under this revenue procedure.
Not generally revoked or
modified retroactively
.05Except in rare or unusual circumstances, the revocation or modification of a letter
ruling will not be applied retroactively to the taxpayer for whom the letter ruling was issued
or to a taxpayer whose tax liability was directly involved in the letter ruling provided that—
(1) there has been no misstatement or omission of material facts;
(2) the facts at the time of the transaction are not materially different from the facts on
which the letter ruling was based;
(3) there has been no change in the applicable law;
(4) the letter ruling was originally issued for a proposed transaction; and
(5) the taxpayer directly involved in the letter ruling acted in good faith in relying on the
letter ruling, and revoking or modifying the letter ruling retroactively would be to the
taxpayer’s detriment. For example, the tax liability of each shareholder is directly involved
in a letter ruling on the reorganization of a corporation. However, the tax liability of a
43Sec. 12.05

member of an industry is not directly involved in a letter ruling issued to another member
and, therefore, the holding in a revocation or modification of a letter ruling to one member
of an industry may be retroactively applied to other members of the industry. By the same
reasoning, a tax practitioner may not extend to one client the non-retroactive application of
a revocation or modification of a letter ruling previously issued to another client.
If a letter ruling is revoked or modified by letter with retroactive effect, the letter will,
except in fraud cases, state the grounds on which the letter ruling is being revoked or
modified and explain the reasons why it is being revoked or modified retroactively.
Retroactive effect of
revocation or modification
applied to a particular
transaction
.06A letter ruling issued on a particular transaction represents a holding of the Service
on that transaction only. It will not apply to a similar transaction in the same year or any
other year. And, except in unusual circumstances, the application of that letter ruling to the
transaction will not be affected by the later issuance of regulations (either temporary or
final), if conditions (1) through (5) in section 12.05 of this revenue procedure are met.
However, if a letter ruling on a transaction is later found to be in error or no longer in
accord with the position of the Service, it will not protect a similar transaction of the
taxpayer in the same year or later year.
Retroactive effect of
revocation or modification
applied to a continuing action
or series of actions
.07If a letter ruling is issued covering a continuing action or series of actions and the
letter ruling is later found to be in error or no longer in accord with the position of the
Service, the Associate Chief Counsel (Domestic), the Associate Chief Counsel (Employee
Benefits and Exempt Organizations), the Associate Chief Counsel (Enforcement Litigation),
or the Associate Chief Counsel (International), as appropriate, ordinarily will limit the
retroactive effect of the revocation or modification to a date that is not earlier than that on
which the letter ruling is revoked or modified. For example, the retroactive effect of the
revocation or modification of a letter ruling covering a continuing action or series of actions
ordinarily would be limited in the following situations when the letter ruling is in error or
no longer in accord with the position of the Service:
(1) A taxpayer received a letter ruling that certain payments are excludable from gross
income for federal income tax purposes. However, the taxpayer ordinarily would be
protected only for the payment received after the letter ruling was issued and before the
revocation or modification of the letter ruling.
(2) A taxpayer rendered a service or provided a facility that is subject to the excise tax
on services or facilities and, in relying on a letter ruling received, did not pass the tax on to
the user of the service or the facility.
(3) An employer incurred liability under the Federal Insurance Contributions Act but, in
relying on a letter ruling received, neither collected the employee tax nor paid the employee
and employer taxes under the Federal Insurance Contributions Act. The retroactive effect
would be limited for both the employer and employee tax. However, the limitation would
be conditioned on the employer furnishing wage data, as may be required by
§ 31.6011(a)–1 of the Employment Tax Regulations.
Generally not retroactively
revoked or modified if related
to sale or lease subject to
excise tax
.08A letter ruling holding that the sale or lease of a particular article is subject to the
manufacturer’s excise tax or the retailer’s excise tax may not retroactively revoke or modify
an earlier letter ruling holding that the sale or lease of such an article was not taxable if the
taxpayer to whom the letter ruling was issued, in relying on the earlier letter ruling, gave up
possession or ownership of the article without passing the tax on to the customer. (Section
1108(b), Revenue Act of 1926.)
May be retroactively revoked
or modified when transaction
is entered into before the
issuance of the letter ruling
.09A taxpayer is not protected against retroactive revocation or modification of a letter
ruling involving a transaction completed before the issuance of the letter ruling or involving
a continuing action or series of actions occurring before the issuance of the letter ruling
because the taxpayer did not enter into the transaction relying on a letter ruling.
May be retroactively revoked
or modified when transaction
is entered into after a change
in material facts
.10If a letter ruling is issued covering a particular transaction and the material facts on
which the letter ruling is based are later changed, a taxpayer is not protected against
retroactive revocation or modification of the letter ruling when the transaction is completed
after the change in the material facts. Similarly, a taxpayer is not protected against
retroactive revocation or modification of a letter ruling involving a continuing action or a
series of actions occurring after the material facts on which the letter ruling is based have
changed.
44Sec. 12.05

Taxpayer may request that
retroactivity be limited
.11Under § 7805(b), the Service may prescribe any extent to which a revocation or
modification of a letter ruling or determination letter will be applied without retroactive
effect.
A taxpayer to whom a letter ruling or determination letter has been issued may request
that the Associate Chief Counsel (Domestic), the Associate Chief Counsel (Employee
Benefits and Exempt Organizations), the Associate Chief Counsel (Enforcement Litigation),
or the Associate Chief Counsel (International), as appropriate, limit the retroactive effect of
any revocation or modification of the letter ruling or determination letter.
Format of request(1) Request for relief under § 7805(b) must be made in required format.
A request to limit the retroactive effect of the revocation or modification of a letter ruling
must be in the general form of, and meet the general requirements for, a letter ruling
request. These requirements are given in section 8 of this revenue procedure. Specifically,
the request must also—
(a) state that it is being made under § 7805(b);
(b) state the relief sought;
(c) explain the reasons and arguments in support of the relief requested (including a
discussion of the five items listed in section 12.05 of this revenue procedure and any other
factors as they relate to the taxpayer’s particular situation); and
(d) include any documents bearing on the request.
A request that the Service limit the retroactive effect of a revocation or modification of a
letter ruling may be made in the form of a separate request for a letter ruling when, for
example, a revenue ruling has the effect of modifying or revoking a letter ruling previously
issued to the taxpayer, or when the Service notifies the taxpayer of a change in position that
will have the effect of revoking or modifying the letter ruling. However, when notice is
given by the district director during an examination of the taxpayer’s return or by the chief,
appeals office, during consideration of the taxpayer’s return before an appeals office, a
request to limit retroactive effect must be made in the form of a request for technical advice
as explained in section 17.03 of Rev. Proc. 97–2.
When germane to a pending letter ruling request, a request to limit the retroactive effect
of a revocation or modification of a letter ruling may be made as part of the request for the
letter ruling, either initially or at any time before the letter ruling is issued. When a letter
ruling that concerns a continuing transaction is revoked or modified by, for example, a
subsequent revenue ruling, a request to limit retroactive effect must be made before the
examination of the return that contains the transaction that is the subject of the letter ruling
request.
Request for conference(2) Taxpayer may request a conference on application of § 7805(b).
A taxpayer who requests the application of § 7805(b) in a separate letter ruling request
has the right to a conference in the national office as explained in sections 11.02, 11.04, and
11.05 of this revenue procedure. If the request is made initially as part of a pending letter
ruling request or is made before the conference of right is held on the substantive issues,
the § 7805(b) issue will be discussed at the taxpayer’s one conference of right as explained
in section 11.02 of this revenue procedure. If the request for the application of § 7805(b)
relief is made as part of a pending letter ruling request after a conference has been held on
the substantive issue and the Service determines that there is justification for having delayed
the request, the taxpayer is entitled to one conference of right concerning the application of
§ 7805(b), with the conference limited to discussion of this issue only.
SECTION 13. WHAT EFFECT
WILL A DETERMINATION
LETTER HAVE?
Has same effect as a letter
ruling
.01A determination letter issued by a district director has the same effect as a letter
ruling issued to a taxpayer under section 12 of this revenue procedure.
45Sec. 13.01

If a district director proposes to reach a conclusion contrary to that expressed in a
determination letter, he or she need not refer the matter to the national office as is required
for a letter ruling found to be in error. However, the district director must refer the matter to
the national office if the district director desires to have the revocation or modification of
the determination letter limited under § 7805(b).
Taxpayer may request that
retroactive effect of
revocation or modification be
limited
.02A district director does not have authority under § 7805(b) to limit the revocation or
modification of the determination letter. Therefore, if a district director proposes to revoke
or modify a determination letter, the taxpayer may request limitation of the retroactive effect
of the revocation or modification by asking the district director who issued the
determination letter to seek technical advice from the national office.Seesection 17.03 of
Rev. Proc. 97–2.
Format of request(1) Request for relief under § 7805(b) must be made in required format.
A taxpayer’s request to limit the retroactive effect of the revocation or modification of the
determination letter must be in the form of, and meet the general requirements for, a
technical advice request.Seesection 17.03 of Rev. Proc. 97–2. The request must also—
(a) state that it is being made under § 7805(b);
(b) state the relief sought;
(c) explain the reasons and arguments in support of the relief sought (including a
discussion of the five items listed in section 12.05 of this revenue procedure and any other
factors as they relate to the taxpayer’s particular situation); and
(d) include any documents bearing on the request.
Request for conference(2) Taxpayer may request a conference on application of § 7805(b).
When technical advice is requested regarding the application of § 7805(b), the taxpayer
has the right to a conference in the national office to the same extent as does any taxpayer
who is the subject of a technical advice request.Seesections 12 and 17.04 of Rev. Proc.
97–2.
SECTION 14. UNDER WHAT
CIRCUMSTANCES ARE
MATTERS REFERRED
BETWEEN A DISTRICT OFFICE
AND THE NATIONAL OFFICE?
Requests for determination
letters
.01Requests for determination letters received by district directors that, under the
provisions of this revenue procedure, may not be issued by a district office, will be
forwarded to the national office for reply. The district office will notify the taxpayer that the
matter has been referred.
District directors will also refer to the national office any request for a determination
letter that in their judgment should have the attention of the national office.
No-rule areas.02If the request involves an issue on which the Service will not issue a letter ruling or
determination letter, the request will not be forwarded to the national office. The district
office will notify the taxpayer that the Service will not issue a letter ruling or a
determination letter on the issue. See section 7 of this revenue procedure for a description
of no-rule areas.
Requests for letter rulings.03Requests for letter rulings received by the national office that, under section 5 of this
revenue procedure, may not be acted upon by the national office will be forwarded to the
district office that has examination jurisdiction over the taxpayer’s return. The taxpayer will
be notified of this action. If the request is on an issue or in an area of the type discussed in
section 7 of this revenue procedure and the Service decides not to issue a letter ruling or an
information letter, the national office will notify the taxpayer and will then forward the
request to the appropriate district office for association with the related return.
SECTION 15. WHAT ARE THE
USER FEE REQUIREMENTS
FOR REQUESTS FOR LETTER
RULINGS AND
DETERMINATION LETTERS?
46Sec. 13.01

Legislation authorizing user
fees
.01Section 10511 of the Revenue Act of 1987, Pub. L. No. 100–203, 101 Stat.
1330–382, 1330–446, enacted December 22, 1987, as amended by § 11319 of the Omnibus
Budget Reconciliation Act of 1990, 1991–2 C.B. 481, 511, enacted November 5, 1990, by
§ 743 of the Uruguay Round Agreements Act, 1995–1 C.B. 230, 239, enacted December 8,
1994, and by § 2 of the Tax Relief to Operation Joint Endeavor Participants Act, Pub. L.
No. 104–117, 110 Stat. 827, 828, enacted March 20, 1996 (hereafter the four laws are
referred to together as the ‘‘Act’’), provides that the Secretary of the Treasury or delegate
(the ‘‘Secretary’’) shall establish a program requiring the payment of user fees for requests
to the Service for letter rulings, opinion letters, determination letters, and similar requests.
The fees apply to requests made on or after February 1, 1988, and before October 1, 2003.
The fees charged under the program are to: (1) vary according to categories or
subcategories established by the Secretary; (2) be determined after taking into account the
average time for, and difficulty of, complying with requests in each category and
subcategory; and (3) be payable in advance. The Secretary is to provide for exemptions and
reduced fees under the program as the Secretary determines to be appropriate, but the
average fee applicable to each category must not be less than the amount specified in the
Act.
Requests to which a user fee
applies
.02In general, user fees apply to all requests for—
(1) letter rulings, determination letters, and advance pricing agreements;
(2) closing agreements described in paragraph (A)(2)(e) of Appendix A of this revenue
procedure;
(3) renewal of advance pricing agreements; and
(4) reconsideration of letter rulings or determination letters.
Requests to which a user fee applies must be accompanied by the appropriate fee as
determined from the fee schedule provided in Appendix A of this revenue procedure. The
fee may be refunded as provided in section 15.10 of this revenue procedure.
Requests to which a user fee
does not apply
.03User fees do not apply to—
(1) elections made pursuant to § 301.9100–2T, pertaining to automatic extensions of time
under § 301.9100–1T (seesection 5.02 of this revenue procedure);
(2) requests for information letters; or
(3) requests for a change in accounting period or accounting method permitted to be
made by a published automatic change revenue procedure or notice (seesection 9.03 of this
revenue procedure).
Exemptions from the user fee
requirements
.04The user fee requirements do not apply to—
(1) departments, agencies, or instrumentalities of the United States that certify that they
are seeking a letter ruling or determination letter on behalf of a program or activity funded
by federal appropriations. The fact that a user fee is not charged does not have any bearing
on whether an applicant is treated as an agency or instrumentality of the United States for
purposes of any provision of the Code; or
(2) requests as to whether a worker is an employee for federal employment taxes and
income tax withholding purposes (chapters 21, 22, 23, and 24 of subtitle C of the Code)
submitted on Form SS–8, Information for Use in Determining Whether a Worker Is an
Employee for Federal Employment Taxes and Income Tax Withholding, or its equivalent.
Fee schedule.05The schedule of user fees is provided in Appendix A. For the user fee requirements
applicable to—
(1) requests for advance pricing agreements or renewals of advance pricing agreements,
see section 5.14 of Rev. Proc. 96–53, 1996–49 I.R.B. at 13; or
(2) requests for letter rulings, determination letters, etc., under the jurisdiction of the
Assistant Commissioner (Employee Plans and Exempt Organizations) , see Rev. Proc. 97–8.
47Sec. 15.05

Applicable user fee for a
request involving multiple
offices, fee categories,
issues, transactions, or
entities
.06
(1) Requests involving several offices.If a request dealing with only one transaction
involves more than one of the offices within the Service (for example, one issue is under
the jurisdiction of the Associate Chief Counsel (Domestic) and another issue is under the
jurisdiction of the Assistant Commissioner (Employee Plans and Exempt Organizations)),
only one fee applies, namely the highest fee that otherwise would apply to each of the
offices involved. See Rev. Proc. 97–8 for the user fees applicable to issues under the
jurisdiction of the Assistant Commissioner (Employee Plans and Exempt Organizations).
(2) Requests involving several fee categories.If a request dealing with only one
transaction involves more than one fee category, only one fee applies, namely the highest
fee that otherwise would apply to each of the categories involved.
(3) Requests involving several issues.If a request dealing with only one transaction
involves several issues, a request for a change in accounting method dealing with only one
item or sub-method of accounting involves several issues, or a request for a change in
accounting period dealing with only one item involves several issues, the request is treated
as one request. Therefore, only one fee applies, namely the fee that applies to the particular
category or subcategory involved. The addition of a new issue relating to the same
transaction or item will not result in an additional fee, unless the issue places the transaction
or item in a higher fee category.
(4) Requests involving several unrelated transactions.If a request involves several
unrelated transactions, a request for a change in accounting method involves several
unrelated items or sub-methods of accounting, or a request for a change in accounting
period involves several unrelated items, each transaction or item is treated as a separate
request. As a result, a separate fee will apply for each unrelated transaction or item. An
additional fee will apply if the request is changed by the addition of an unrelated transaction
or item not contained in the initial request.
(5) Requests involving several entities.Each entity involved in a transaction (for
example, a reorganization) that desires a separate letter ruling in its own name must pay a
separate fee regardless of whether the transaction or transactions may be viewed as related.
But seesection 15.07 of this revenue procedure.
Applicable user fee for
substantially identical letter
rulings or identical
accounting method changes
.07
(1) In general.The user fees provided in paragraph (A)(5) of Appendix A of this
revenue procedure apply to the situations described in sections 15.07(2) and 15.07(3) of this
revenue procedure. To assist in the processing of these user fee requests, all letter ruling
requests submitted under this section 15.07 should--
(a) Type or print at the top of the letter ruling request: ‘‘REQUEST FOR USER FEE
UNDER SECTION 15.07 OF REV. PROC. 97–1’’;
(b) List on the first page of the submission all taxpayers and entities requesting a letter
ruling (including the taxpayer identification number, and the amount of user fee submitted,
for each taxpayer or entity); and
(c) Submit one check to cover all user fees.
If the Service determines that the letter ruling requests do not qualify for the user fee
provided in paragraph (A)(5) of Appendix A of this revenue procedure, the Service will
request the proper fee.Seesection 15.09 of this revenue procedure.
(2) Substantially identical letter rulings.The user fee provided in paragraph (A)(5)(a)
of Appendix A of this revenue procedure applies to a taxpayer that requests substantially
identical letter rulings (including accounting period, accounting method, and earnings and
profits requests other than those submitted on Forms 1128, 2553, 3115, and 5452) for either
multiple entities with a common member or sponsor, or multiple members of a common
entity. To qualify for this user fee, all information and underlying documents must be
substantially identical and all letter ruling requests must be submitted at the same time. In
addition, the letter ruling requests must—
(a) State that the letter ruling requests, and all information and underlying documents, are
substantially identical; and
48Sec. 15.06

(b) Specifically identify the extent to which the letter ruling requests, information, and
underlying documents are not identical.
(3) Identical accounting method changes and related § 301.9100–1T letter rulings.
The user fees provided in paragraphs (A)(5)(b) and (c) of Appendix A of this revenue
procedure apply to a parent corporation that requests either the identical accounting method
change on a single Form 3115 on behalf of more than one member of a consolidated group
or an extension of time to file Form 3115 under § 301.9100–1T for the identical accounting
method change on behalf of more than one member of a consolidated group. To qualify for
this user fee, the taxpayers in the consolidated group must be members of the same
affiliated group under § 1504(a) that join in the filing of a consolidated tax return and must
be requesting to change from the identical present method of accounting to the identical
proposed method of accounting. All aspects of the requested accounting method change,
including the present and proposed methods, the underlying facts and the authority for the
request, must be identical, except for the § 481(a) adjustment for the year of change and
the preceding year, and the number of years the present method has been used.
In addition, a parent corporation must file a single Form 3115. Besides including all the
information required on the Form 3115, the parent corporation must, for each member of a
consolidated group for which the accounting method change is being requested, attach to
the Form 3115 a schedule providing its name, employer identification number, § 481(a)
adjustment for the year of change and the preceding year, and the number of years the
present method has been used. The Form 3115 must be signed by a duly authorized officer
of the parent corporation.
In the case of a request for an extension of time to file Form 3115 under § 301.9100–1T,
a parent corporation must submit the information required in the above paragraph in
addition to the information required by section 5.02 of this revenue procedure.
Method of payment.08Each request to the Service for a letter ruling, determination letter, advance pricing
agreement, closing agreement described in paragraph (A)(2)(e) of Appendix A of this
revenue procedure, or reconsideration of a letter ruling or determination letter must be
accompanied by a check or money order, payable to the Internal Revenue Service, in the
appropriate amount. (However, the user fee check or money order should not be attached to
the Form 2553, Election by a Small Business Corporation, when it is filed at the Service
Center. If on the Form 2553 the corporation requests a ruling that it be permitted to use a
fiscal year under section 6.03 of Rev. Proc. 87–32, the Service Center will forward the
request to the national office. When the national office receives the Form 2553 from the
Service Center, it will notify the taxpayer that the fee is due.) Taxpayers should not send
cash.
Effect of nonpayment or
payment of incorrect amount
.09If a request is not accompanied by a properly completed check or money order or is
accompanied by a check or money order for less than the correct amount, the respective
office within the Service that is responsible for issuing the letter ruling, determination letter,
advance pricing agreement, closing agreement, or reconsideration of a letter ruling or
determination letter generally will exercise discretion in deciding whether to return
immediately the request. If a request is not immediately returned, the taxpayer will be
contacted and given a reasonable amount of time to submit the proper fee. If the proper fee
is not received within a reasonable amount of time, the entire request will then be returned.
However, the Service will usually defer substantive consideration of a request until proper
payment has been received. The return of a request to the taxpayer may adversely affect
substantive rights if the request is not perfected and resubmitted to the Service within 30
days of the date of the cover letter returning the request.
If a request is accompanied by a check or money order for more than the correct amount,
the request will be accepted and the amount of the excess payment will be returned to the
taxpayer.
Refunds of user fee.10In general, the user fee will not be refunded unless the Service declines to rule on all
issues for which a ruling is requested.
(1) The following situations are examples of situations in which the user fee will not
be refunded:
(a) The request for a letter ruling, determination letter, etc., is withdrawn at any time
subsequent to its receipt by the Service, unless the only reason for withdrawal is that the
49Sec. 15.10

Service has advised the taxpayer that a higher user fee than was sent with the request is
applicable and the taxpayer is unwilling to pay the higher fee.
(b) The request is procedurally deficient, although accompanied by the proper fee or an
overpayment, and is not timely perfected by the requester. When there is a failure to perfect
timely the request, the case will be considered closed and the failure to perfect will be
treated as a withdrawal for purposes of this revenue procedure.Seesection 10.06(3) of this
revenue procedure.
(c) A letter ruling, determination letter, etc., is revoked in whole or in part at the
initiative of the Service. The fee paid at the time the original letter ruling, determination
letter, etc., was requested will not be refunded.
(d) The request contains several issues, and the Service rules on some, but not all, of the
issues. The highest fee applicable to the issues on which the Service rules will not be
refunded.
(e) The taxpayer asserts that a letter ruling the taxpayer received covering a single issue
is erroneous or not responsive (other than an issue on which the Service has declined to
rule) and requests reconsideration. The Service, upon reconsideration, does not agree that
the letter ruling is erroneous or is not responsive. The fee accompanying the request for
reconsideration will not be refunded.
(f) The situation is the same as described in paragraph (e) of this section 15.10(1) except
that the letter ruling covered several unrelated transactions. The Service, upon
reconsideration, does not agree with the taxpayer that the letter ruling is erroneous or is not
responsive for all of the transactions, but does agree that it is erroneous as to one
transaction. The fee accompanying the request for reconsideration will not be refunded
except to the extent applicable to the transaction for which the Service agrees the letter
ruling was in error.
(g) The request is for a supplemental letter ruling, determination letter, etc., concerning a
change in facts (whether significant or not) relating to the transaction on which the Service
ruled.
(h) The request is for reconsideration of an adverse or partially adverse letter ruling or a
final adverse determination letter, and the taxpayer submits arguments and authorities not
submitted before the original letter ruling or determination letter was issued.
(2) The following situations are examples of situations in which the user fee will be
refunded:
(a) In a situation to which section 15.10(1)(h) of this revenue procedure does not apply,
the taxpayer asserts that a letter ruling the taxpayer received covering a single issue is
erroneous or is not responsive (other than an issue on which the Service declined to rule)
and requests reconsideration. The Service agrees, upon reconsideration, that the letter ruling
is erroneous or is not responsive. The fee accompanying the taxpayer’s request for
reconsideration will be refunded.
(b) In a situation to which section 15.10(1)(h) of this revenue procedure does not apply,
the taxpayer requests a supplemental letter ruling, determination letter, etc., to correct a
mistake that the Service agrees it made in the original letter ruling, determination letter, etc.,
such as a mistake in the statement of facts or in the citation of a Code section. Once the
Service agrees that it made a mistake, the fee accompanying the request for the
supplemental letter ruling, determination letter, etc., will be refunded.
(c) The taxpayer requests and is granted relief under § 7805(b) in connection with the
revocation in whole or in part, of a previously issued letter ruling, determination letter, etc.
The fee accompanying the request for relief will be refunded.
(d) In a situation to which section 15.10(1)(d) of this revenue procedure applied, the
taxpayer requests reconsideration of the Service’s decision not to rule on an issue. Once the
Service agrees to rule on the issue, the fee accompanying the request for reconsideration
will be refunded.
Request for reconsideration
of user fee
.11A taxpayer that believes the user fee charged by the Service for its request for a letter
ruling, determination letter, advance pricing agreement, or closing agreement is either not
applicable or incorrect and wishes to receive a refund of all or part of the amount paid (see
50Sec. 15.10

section 15.10 of this revenue procedure) may request reconsideration and, if desired, the
opportunity for an oral discussion by sending a letter to the Service at the address given in
section 8.03 in this revenue procedure. Both the incoming envelope and the letter requesting
such reconsideration should be prominently marked ‘‘USER FEE RECONSIDERATION
REQUEST.’’ No user fee is required for these requests. The request should be marked for
the attention of:
If the matter involves primarily: Mark for the attention of:
Associate Chief Counsel
(Domestic) letter ruling requests
Assistant Chief Counsel ()
(Complete by using whichever of the following designations applies.)
(Corporate)
(Financial Institutions and Products)
(Income Tax and Accounting)
(Passthroughs and Special Industries)
Associate Chief Counsel
(Employee Benefits & Exempt
Organizations) letter ruling
requests
Assistant Chief Counsel (Employee Benefits & Exempt Organizations)
Associate Chief Counsel
(Enforcement Litigation) letter
ruling requests
Assistant Chief Counsel (General Litigation)
Associate Chief Counsel
(International) letter ruling and
advance pricing agreement
requests
Assistant Chief Counsel (International)
Determination letter requests
submitted pursuant to this
revenue procedure
Chief, Examination Division,
District Office
(Add name of district office handling the request.)
SECTION 16. WHAT
SIGNIFICANT CHANGES HAVE
BEEN MADE TO REV. PROC.
96–1?
.01This revenue procedure has been revised to provide a separate section for the
procedures applicable to conferences in the national office. Accordingly, sections 11 through
17 of Rev. Proc. 96–1 are redesignated as sections 12 through 18 in this revenue procedure
and the conference procedures in sections 10.08 through 10.15 of Rev. Proc. 96–1 are
provided in new section 11. These procedures are the same as in Rev. Proc. 96–1.
.02This revenue procedure also has been expanded to include the user fee requirements in
Rev. Proc. 92–90, 1992–2 C.B. 501, applicable to substantially identical letter ruling
requests and to identical accounting method change requests. Accordingly, sections 15.07
through 15.10 are redesignated as sections 15.08 through 15.11, the user fee requirements
are provided in new section 15.07, and the procedures for issuing the letter ruling are
provided in new section 10.10. These requirements and procedures are the same as in Rev.
Proc. 92–90, except that a listing of the taxpayer identification number, and amount of user
fee submitted, for each taxpayer or entity is also required.
.03Sections 5.02 and 8.04(1)(b) are amended to conform to T.D. 8680, which provides
temporary regulations relating to extensions of time for making certain elections under the
Code.
.04As a result of the final check-the-box entity classification regulations (T.D. 8697),
section 5.01(3) is deleted.
.05Sections 5.09 and 6.04 are amended to provide that requests for a determination of
employment status (Form SS–8) from taxpayers (other than federal agencies and
instrumentalities) are to be submitted to the appropriate Service office listed on the current
Form SS–8 (Rev. July 1996), rather than to the district office where the taxpayer resides.
.06Section 5.14 is expanded to include the issuance of published guidance other than a
regulation and, therefore, a letter ruling will not be issued if the letter ruling request
presents an issue that cannot be readily resolved before a regulation or any other published
guidance is issued.
51Sec. 16

.07Section 8.01(13) and Appendix B are amended to reflect the new language for the
penalties of perjury statement.
.08Section 8.02(5) is amended to clarify that a copy of the letter ruling granting or
denying a request to change an accounting method or an accounting period may be faxed to
the taxpayer or the taxpayer’s authorized representative.
.09Section 8.07 is amended to provide that the national office generally will not notify
the district director if a taxpayer withdraws a letter ruling request (other than a request for a
change in accounting method) and submits a written statement that the transaction has been,
or is being, abandoned and if the national office has not formed an adverse opinion.
.10Section 9 is updated to reflect the revenue procedures and notices effective as of
January 1, 1997.
.11Section 10.07 is amended to provide that a taxpayer generally is required to submit
one copy of the additional information but, in appropriate cases, the national office may
request additional copies of the information.
.12Section 10.11 is added to reflect the national office’s existing practice of sending a
copy of the letter ruling, whether favorable or adverse, to the appropriate district director.
.13Section 15.01 is amended to conform to § 2 of the Tax Relief to Operation Joint
Endeavor Participants Act, which extended the user fee program from October 1, 2000, to
October 1, 2003.
.14Section 15.05 and Appendix A are amended to refer taxpayers to Rev. Proc. 96–53
for the user fee requirements applicable to requests for advance pricing agreements or
renewals of advance pricing agreements.
.15The user fees in Appendix A for accounting period requests on Forms 1128 and
2553, letter ruling requests, and closing agreement requests are increased. The user fees in
Appendix A for letter ruling requests for extensions of time to file Forms 1128 and 3115,
and for identical accounting method change requests are decreased.
SECTION 17. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
.01Rev. Proc. 96–1, 1996–1 C.B. 385, as modified by Rev. Proc. 96–53, 1996–49 I.R.B.
9, and Rev. Proc. 96–30, 1996–1 C.B. 696, is superseded.
.02Rev. Proc. 92–20, 1992–1 C.B. 685, is modified by—
(1) deleting all references to Rev. Proc. 90–17 and replacing them with references to this
revenue procedure for requests for changes in accounting method under the jurisdiction of
the Associate Chief Counsel (Domestic); and
(2) deleting the last paragraph of section 10.08 and replacing it with the following
paragraph:
Except if the parent corporation of a consolidated group is requesting the user fee under
paragraph (A)(5)(b) of Appendix A of Rev. Proc. 97–1, 1997–1 I.R.B. 11, a separate Form
3115 and user fee must be submitted for each member of a consolidated group for which a
change in accounting method is requested.
.03Rev. Proc. 92–90, 1992–2 C.B. 501, is superseded.
.04Rev. Proc. 96–13, 1996–1 C.B. 616, is modified by deleting all references to Rev.
Proc. 96–1 and replacing them with references to this revenue procedure.
SECTION 18. WHAT IS THE
EFFECTIVE DATE OF THIS
REVENUE PROCEDURE?
This revenue procedure is effective February 1, 1997, with the following exceptions:
(1) Any change in this revenue procedure, including Appendix A, with respect to the user
fee requirements for requests for advance pricing agreements or renewals of advance pricing
agreements is effective as of the same effective date provided in Rev. Proc. 96–53.
(2) Except as provided in paragraph (1) of this section, any decrease in the user fee in
Appendix A is effective only for requests postmarked or, if not mailed, received on or after
January 6, 1997.
(3) Except as provided in paragraph (1) of this section, any increase in the user fee in
Appendix A is effective only for requests postmarked or, if not mailed, received on or after
March 1, 1997.
52Sec. 16

SECTION 19. PAPERWORK
REDUCTION ACT
The collections of information contained in this revenue procedure have been reviewed
and approved by the Office of Management and Budget in accordance with the Paperwork
Reduction Act (44 U.S.C. § 3507) under control number 1545–1522.
An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays a valid control
number.
The collections of information in this revenue procedure are in sections 5.05, 6.07, 8.01,
8.02, 8.03, 8.04, 8.05, 8.07, 9.01 (subject matter--rate orders; regulatory agency;
normalization), 10.06, 10.07, 10.09, 11.01, 11.06, 11.07, 12.11, 13.02, 15.02, 15.07, 15.08,
15.09, and 15.11, paragraph (B)(1) of Appendix A, and Appendix C. This information is
required to evaluate and process the request for a letter ruling or determination letter. In
addition, this information will be used to help the Service delete certain information from
the text of the letter ruling or determination letter before it is made available for public
inspection, as required by § 6110. The collections of information are required to obtain a
letter ruling or determination letter. The likely respondents are business or other for-profit
institutions.
The estimated total annual reporting and/or recordkeeping burden is 304,900 hours.
The estimated annual burden per respondent/recordkeeper varies from 1 to 200 hours,
depending on individual circumstances, with an estimated average burden of 80.2 hours.
The estimated number of respondents and/or recordkeepers is 3,800.
The estimated annual frequency of responses is on occasion.
Books or records relating to a collection of information must be retained as long as their
contents may become material in the administration of any internal revenue law. Generally,
tax returns and tax return information are confidential, as required by § 6103.
DRAFTING INFORMATIONThe principal author of this revenue procedure is Kathleen Reed of the Office of
Assistant Chief Counsel (Passthroughs and Special Industries). For further information
regarding this revenue procedure for matters under the jurisdiction of—
(1) the Associate Chief Counsel (Domestic) or the Associate Chief Counsel (Employee
Benefits and Exempt Organizations), contact Ms. Reed on (202) 622–3110 (not a toll-free
call);
(2) the Associate Chief Counsel (International), contact Gerard Traficanti on (202)
622–3830 (not a toll-free call); or
(3) the Associate Chief Counsel (Enforcement Litigation), contact Alan C. Levine on
(202) 622–3610 (not a toll-free call).
For further information regarding user fees, contact Wayne Thomas on (202) 622–7560
(not a toll-free call).
53Sec. 19

INDEX
References are to sections in Rev. Proc. 97–1
Additional Information
—perjury statement required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.07(1)
—proposed deletions under § 6110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(9)
—requested during initial contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.06
failure to submit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.06(3)
—subsequent requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.07
after conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.06
failure to submit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.07(5)
—where to send . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.07(2)
Changes in Accounting Method or Period
—applicable sections of Rev. Proc. 97–1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01
—automatic change revenue procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.03
—identical accounting method changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.02(7), 10.10, 15.07, Appendix A
—user fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15, Appendix A
Checklist Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(16), Appendix C
Conferences
—offered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.04, 11.02
after conference of right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.05
application of § 6110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(9)
—requesting a conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.02(6)
—scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11.01, 11.02
application of § 7805(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12.11(2), 13.02(2)
pre-submission conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.07
telephone conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.08
Definitions
—closing agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.02
—determination letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.03
—information letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.04
—letter ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01
—national office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
—revenue ruling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.05
—taxpayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Determinations Under § 999(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.03
Discussions Not Binding on Service
—at pre-submission conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.07
—informal opinion expressed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.05
—oral advice to taxpayers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.06(2)
Employee Plans and Exempt Organizations
—jurisdiction of Assistant Commissioner
(Employee Plans and Exempt Organizations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.02
—user fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.02
Estate Tax Matters
—issuance of determination letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.02, 6.06
—issuance of letter rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.05
under § 2032A(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.06
Expeditious Handling of Letter Ruling and Determination Letter Requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.02(4)
Extension of Time
—to schedule conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01
—to submit additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.06(2), 10.07(4), 11.06
Fax Transmission
—to receive letter ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.02(5)
—to submit additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.07(1)
—to submit letter ruling request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.02(5)
Hand Delivery of Letter Ruling Requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.03(1)
No-Rule Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Oral Advice to Taxpayers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.06
Penalties of Perjury Statement
—form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(13)
—required with additional information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.07(1)
—required with draft letter ruling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.09
—signature requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(13)
54

Pending Letter Ruling Requests
—when to attach a copy to return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.04
estate tax matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.05
—when to notify national office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.04
estate tax matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.05
Power of Attorney
—Form 2848 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(12) and 8.02(2)
copies sent to multiple representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.02(2)(a)
original sent to representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.02(2)(b)
no copy sent to representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.02(2)(c)
—signature requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(12)
Public Disclosure Under § 6110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(9)
—signature requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(9)(c)
Representatives
—compliance with Treasury Department Circular No. 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.08
—power of attorney required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(12)
—requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01(11)
employee, general partner, administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01(11)
foreign representative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01(11)
Retroactive Revocation or Modification
—of determination letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
request to limit retroactive effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.02
—of letter ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12.03–12.10
request to limit retroactive effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.11
Revenue Rulings
—effect on a letter ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.04
—request to limit retroactive effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.11
Sample of a Letter Ruling Request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.01(15), Appendix B
Section 301.9100-1T Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.02
Section 367 Rulings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.04
Status of Letter Ruling and Determination Letter Requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.06
Substantially Identical Letter Rulings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.02(7), 10.10, 15.07, Appendix A
User Fees
—schedule of user fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appendix A
—user fees requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
to reopen case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.06(3), 10.07(5)
Where to Send
—determination letter request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.03(2)
—letter ruling request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.03(1)
additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10.07(2)
hand delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.03(1)
Withdrawal of Letter Ruling and Determination Letter Requests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.07
55

APPENDIX A
SCHEDULE OF USER FEES
(A)FEE SCHEDULE
CATEGORYFEE
(1) User fee for a determination letter request.The user fee for each determination letter request governed by Rev.
Proc. 97–1 (this revenue procedure).
$275
(2) User fee for a request for an advance pricing agreement or a renewal of an advance pricing agreement.See
Rev.
Proc.
96–53
(3) User fee for a request for a letter ruling or closing agreement.Except for the user fees for advance pricing
agreements and renewals, the reduced fees provided in paragraph (A)(4) of this appendix, the user fees provided in
paragraph (A)(5) of this appendix, and the exemptions provided in section 15.04 of Rev. Proc. 97–1 (this revenue
procedure), the user fee for each request for a letter ruling or closing agreement under the jurisdiction of the Associate
Chief Counsel (Domestic), the Associate Chief Counsel (Employee Benefits and Exempt Organizations), the Associate
Chief Counsel (Enforcement Litigation), or the Associate Chief Counsel (International) is as follows:
(a) Accounting periods
(i) Forms 1128 and 2553$250
(ii) Letter ruling requests for extensions of time to file Form 1128 under § 301.9100–1T$250
(b) Changes in Accounting Methods
(i) Form 3115 (except as provided in paragraph (A)(4)(a), (b), (c), or (d), or (5)(b) of this appendix)$900
(ii) Except as provided in paragraph (A)(5)(c) of this appendix, letter ruling requests for extensions of time to
file Form 3115 under § 301.9100–1T
$250
NOTE: A taxpayer that receives an extension of time under § 301.9100–1T will be charged a separate user fee for
the accounting period or accounting method application. No user fee is required if the change in accounting period or
accounting method is permitted to be made pursuant to a published automatic change revenue procedure or notice. See
section 9.03 of this revenue procedure for the list of automatic change revenue procedures and notices published and
in effect as of December 31, 1996.
(c) All other letter ruling requests (which includes accounting period and accounting method requests other than
those properly submitted on Form 1128, 2553, or 3115) (except as provided in paragraph (A)(4)(a), (b), (c), or (d), or
(5)(a) of this appendix)
$3,650
(d) Requests for closing agreements on a proposed transaction or on a completed transaction before a return for the
transaction has been filed in which a letter ruling on that transaction is not requested or issued (except as provided in
paragraph (A)(4)(a), (b), (c), or (d) of this appendix)
$3,650
(4) Reduced user fee for a request for a letter ruling or closing agreement.A reduced user fee is provided in the
following situations if the person provides the certification described in paragraph (B)(1) of this appendix:
(a) U.S. citizens and resident alien individuals, domestic trusts, and domestic estates with gross income (as
determined under paragraph (B)(2) and (4) of this appendix) of less than $150,000
$500
(b) Nonresident alien individuals, foreign trusts, and foreign estates with gross income (as determined under
paragraph (B)(3) and (4) of this appendix) of less than $150,000
$500
(c) Domestic partnerships and corporations with gross income (as determined under paragraph (B)(5) of this
appendix) of less than $150,000
$500
(d) Organizations exempt from income tax under ‘‘Subchapter F-Exempt Organizations’’ of the Code with gross
receipts (as determined under paragraph (B)(6) of this appendix) of less than $150,000
$500
(5) User fee for substantially identical letter ruling requests or identical accounting method changes.If the
requirements of section 15.07 of Rev. Proc. 97–1 (this revenue procedure) are satisfied, the user fee for the following
situations is as follows:
(a) Substantially identical letter rulings requested
Situations in which a taxpayer requests substantially identical letter rulings for multiple entities with a common
member or sponsor, or for multiple members of a common entity, for each additional letter ruling request after the
$3,650 fee or $500 reduced fee, as applicable, has been paid for the first letter ruling request
$150
56

(b) Identical accounting method change requested on a single Form 3115
Situations in which a parent corporation requests the identical accounting method change on a single Form 3115 on
behalf of more than one member of a consolidated group, for each additional member of the group seeking the
identical accounting method change on the same Form 3115 after the $900 fee or $500 reduced fee, as applicable, has
been paid for the first member of the group
$25
(c) Extension of time requested to file Form 3115 for an identical accounting method change$25
Situations in which a parent corporation requests an extension of time to file Form 3115 under § 301.9100–1T for
the identical accounting method change on behalf of more than one member of a consolidated group, for each
additional member of the group seeking the identical accounting method change on the same application after the
$250 fee has been paid for the first member of the group
NOTE: A parent corporation and each member of a consolidated group that is entitled to the user fee under paragraph
(A)(5)(b) of this appendix, that receives an extension of time to file Form 3115 under § 301.9100–1T will be charged
a separate user fee for the accounting method application.
(B)PROCEDURAL MATTERS
(1) Required certification.A person seeking a reduced user fee under paragraph (A)(4) of this appendix must provide the
following certification in order to obtain the reduced user fee:
(a) If a person is seeking a reduced user fee under paragraph (A)(4)(a), (b), or (c) of this appendix, the person must certify
in the request that his, her, or its gross income, as defined under paragraph (B)(2), (3), or (5) of this appendix, as applicable, is
less than $150,000 for the last full (12 months) taxable year ending before the date the request is filed.
(b) If an organization exempt from income tax under Subchapter F of the Code is seeking a reduced user fee under
paragraph (A)(4)(d) of this appendix, the organization must certify in its request that its gross receipts are less than $150,000
for the last full (12 months) taxable year ending before the date the request is filed.
(2) Gross income of U.S. citizens and resident alien individuals, domestic trusts, and domestic estates.For purposes of the
reduced user fee provided in paragraph (A)(4)(a) of this appendix for U.S. citizens and resident alien individuals, domestic
trusts, and domestic estates, ‘‘gross income’’ is equal to ‘‘total income’’ as reported on their last federal income tax return (as
amended) filed for a full (12 months) taxable year ending before the date the request is filed, plus any interest income not
subject to tax under § 103 (interest on state and local bonds) for that period. ‘‘Total income’’ is a line item on federal tax
returns. For example, if the 1995 Form 1040, U.S. Individual Income Tax Return, is the most recent 12-month taxable year
return filed by a U.S. citizen, ‘‘total income’’ on the Form 1040 is the amount entered on line 22.
In the case of a request for a letter ruling or closing agreement from a domestic estate or trust that, at the time the request is
filed, has not filed a federal income tax return for a full taxable year, the reduced user fee in paragraph (A)(4)(a) of this
appendix will apply if the decedent’s or (in the case of an individual grantor) the grantor’s total income as reported on the last
federal income tax return filed for a full taxable year ending before the date of death or the date of the transfer, taking into
account any additions required to be made to total income described in this paragraph (B)(2), is less than $150,000. In this
case, the executor or administrator of the decedent’s estate or the grantor must provide the certification required under
paragraph (B)(1) of this appendix.
(3) Gross income of nonresident alien individuals, foreign trusts, and foreign estates.For purposes of the reduced user fee
provided in paragraph (A)(4)(b) of this appendix for nonresident alien individuals, foreign trusts, and foreign estates, ‘‘gross
income’’ is equal to ‘‘total effectively connected income’’ as reported on their last federal income tax return (as amended) filed
for a full (12 months) taxable year ending before the date the request is filed, plus any income for the period from United
States or foreign sources that is not taxable by the United States, whether by reason of § 103, an income tax treaty, § 871(h)
(regarding portfolio interest), or otherwise, plus the total amount of any fixed or determinable annual or periodical income from
United States sources, the United States tax liability for which is satisfied by withholding at the source. ‘‘Total effectively
connected income’’ is a line item on federal tax returns. For example, if the 1995 Form 1040NR, U.S. Nonresident Alien
Income Tax Return, is the most recent 12-month taxable year return filed by a nonresident alien individual, ‘‘total effectively
connected income’’ on the Form 1040NR is the amount entered on line 23.
In the case of a request for a letter ruling or closing agreement from a foreign estate or trust that, at the time the request is
filed, has not filed a federal income tax return for a full taxable year, the reduced user fee in paragraph (A)(4)(b) of this
appendix will apply if the decedent’s or (in the case of an individual grantor) the grantor’s total income or total effectively
connected income, as relevant, as reported on the last federal income tax return filed for a full taxable year ending before the
date of death or the date of the transfer, taking into account any additions required to be made to total income or total
effectively connected income described respectively in paragraph (B)(2) of this appendix or in this paragraph (B)(3), is less
than $150,000. In this case, the executor or administrator of the decedent’s estate or the grantor must provide the certification
required under paragraph (B)(1) of this appendix.
(4) Special rules for determining gross income of individuals, trusts, and estates.For purposes of paragraph (B)(2) and (3)
of this appendix, the following rules apply for determining whether gross income is less than $150,000:
(a) In the case of a request from a married individual, the gross incomes (as defined in paragraph (B)(2) or (3) of this
appendix, as applicable) of the applicant and the applicant’s spouse must be combined. This rule does not apply to an individual
who is legally separated from his or her spouse if the spouses do not file a joint income tax return with each other; and
57

(b) If there are two or more applicants filing the request, the gross incomes (as defined in paragraph (B)(2) or (3) of this
appendix, as applicable) of the applicants must be combined.
(5) Gross income of domestic partnerships and corporations.For purposes of the reduced user fee provided in paragraph
(A)(4)(c) of this appendix for domestic partnerships and corporations, ‘‘gross income’’ is equal to ‘‘total income’’ as reported on
their last federal income tax return (as amended) filed for a full (12 months) taxable year ending before the date the request is
filed, plus ‘‘cost of goods sold’’ as reported on the same federal income tax return, plus any interest income not subject to tax
under § 103 (interest on state and local bonds) for that period. If a domestic partnership or corporation is not subject to tax,
‘‘total income’’ and ‘‘cost of goods sold’’ are the amounts that the domestic partnership or corporation would have reported on
the federal income tax return if the domestic partnership or corporation were subject to tax.
‘‘Cost of goods sold’’ and ‘‘total income’’ are line items on federal tax returns. For example, if the 1995 Form 1065, U.S.
Partnership Return of Income, is the most recent 12-month taxable year return filed by a domestic partnership, ‘‘cost of goods
sold’’ and ‘‘total income’’ on the Form 1065 are the amounts entered on lines 2 and 8, respectively, and if the 1995 Form 1120,
U.S. Corporation Income Tax Return, is the most recent 12-month taxable year return filed by a domestic corporation, ‘‘cost of
goods sold’’ and ‘‘total income’’ on the Form 1120 are the amounts entered on lines 2 and 11, respectively.
The following rules apply in determining whether gross income is less than $150,000:
(a) In the case of a request for a letter ruling or closing agreement from a domestic corporation, the gross income (as defined
in this paragraph (B)(5)) of (i) all members of the applicant’s controlled group (as defined in § 1563(a)), and (ii) any related
taxpayer that is involved in the transaction on which the letter ruling or closing agreement is requested, must be combined; and
(b) In the case of a request for a letter ruling or closing agreement from a domestic partnership, the gross income (as defined
in this paragraph (B)(5)) of (i) the partnership, and (ii) any partner who owns, directly or indirectly, 50 percent or more of the
capital interest or profits interest in the partnership, must be combined.
If, at the time the request is filed, a domestic partnership or corporation subject to tax has not filed a federal income tax
return for a full taxable year, the reduced user fee in paragraph (A)(4)(c) of this appendix will apply if, in the aggregate, the
partners’ or the shareholders’ gross income (as defined in paragraph (B)(2), (3), or (5) of this appendix, as applicable) is less
than $150,000 for the last full taxable year ending before the date the request is filed. In this case, the partners or the
shareholders must provide the certification required under paragraph (B)(1) of this appendix.
(6) Gross receipts of an exempt organization.For purposes of the reduced user fee provided in paragraph (A)(4)(d) of this
appendix for organizations exempt from income tax under ‘‘Subchapter F-Exempt Organizations’’ of the Code, ‘‘gross receipts’’
is the amount of gross receipts for the last full (12 months) taxable year ending before the date the request for a letter ruling or
closing agreement is filed. If there are two or more organizations exempt from income tax under Subchapter F filing the
request, the gross receipts of the applicants must be combined in determining whether gross receipts are less than $150,000.
58

APPENDIX B
SAMPLE FORMAT FOR A LETTER RULING REQUEST
INSTRUCTIONS
To assist you in preparing a letter ruling request, the Service is providing this sample format. You are not required to use this
sample format. If your request is not identical or similar to the sample format, the different format will not defer consideration
of your request.
(Insert the date of request)
Internal Revenue Service
Associate Chief Counsel (Insert one of the following: Domestic, Employee Benefits and Exempt Organizations, Enforcement
Litigation, or International)
Attn: CC:DOM:CORP:T
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
Dear Sir or Madam:
(Insert the name of the taxpayer) requests a ruling on the proper treatment of (insert the subject matter of the letter ruling
request) under section (insert the number) of the Internal Revenue Code.
[If the taxpayer is requesting expeditious handling, a statement to that effect must be attached to, or contained in, the letter
ruling request. The statement must explain the need for expeditious handling. See section 8.02(4) of Rev. Proc. 97–1, 1997–1
I.R.B. 11. Hereafter, all references are to Rev. Proc. 97–1 unless otherwise noted.]
A. STATEMENT OF FACTS
1. Taxpayer Information
[Provide the statements required by sections 8.01(1)(a), (b), and (c).]
2. Description of Taxpayer’s Business Operations
[Provide the statement required by section 8.01(1)(d).]
3. Facts Relating to Transaction
[The ruling request must contain a complete statement of the facts relating to the transaction that is the subject of the letter
ruling request. This statement must include a detailed description of the transaction, including material facts in any
accompanying documents, and the business reasons for the transaction. See sections 8.01(1)(e), 8.01(1)(f), and 8.01(2).]
B. RULING REQUESTED
[The ruling request should contain a concise statement of the ruling requested by the taxpayer. It is preferred that the language
of the requested ruling be exactly the same that the taxpayer wishes to receive.]
C. STATEMENT OF LAW
[The ruling request must contain a statement of the law in support of the taxpayer’s views or conclusion and identify any
pending legislation that may affect the proposed transaction. The taxpayer also is encouraged to identify and discuss any
authorities believed to be contrary to the position advanced in the ruling request. See sections 8.01(6), 8.01(7), and 8.01(8).]
D. ANALYSIS
[The ruling request must contain a discussion of the facts and an analysis of the law. The taxpayer also is encouraged to
identify and discuss any authorities believed to be contrary to the position advanced in the ruling request. See sections 8.01(3),
8.01(6), 8.01(7), and 8.01(8).]
E. CONCLUSION
[The ruling request should contain a statement of the taxpayer’s conclusion on the ruling requested.]
F. PROCEDURAL MATTERS
1. Revenue Procedure 97–1 Statements
a. [Provide the statement required by section 8.01(4) regarding whether the same issue in the letter ruling request is in an
earlier return of the taxpayer or in a return for any year of a related taxpayer.]
b. [Provide the statement required by section 8.01(5)(a) regarding whether the Service previously ruled on the same or
similar issue for the taxpayer, a related taxpayer, or a predecessor.]
c. [Provide the statement required by section 8.01(5)(b) regarding whether the taxpayer, a related taxpayer, a predecessor, or
any representatives previously submitted a request involving the same or similar issue but withdrew the request before a
letter ruling or determination letter was issued.]
59

d. [Provide the statement required by section 8.01(5)(c) regarding whether the taxpayer, a related taxpayer, or a predecessor
previously submitted a request involving the same or a similar issue that is currently pending with the Service.]
e. [Provide the statement required by section 8.01(5)(d) regarding whether, at the same time as this request, the taxpayer or a
related taxpayer is presently submitting another request involving the same or similar issue to the Service.]
f. [Provide the statement required by section 8.01(6) regarding whether the law in connection with the letter ruling request is
uncertain and whether the issue is adequately addressed by relevant authorities.]
g. [If the taxpayer determines that there are no contrary authorities, a statement to that effect would be helpful. See section
8.01(7).]
h. [If the taxpayer wants to have a conference on the issues involved in the letter ruling request, the ruling request should
contain a statement to that effect. See section 8.02(6).]
i. [If the taxpayer is requesting a copy of the letter ruling to be sent by facsimile (fax) transmission, the ruling request
should contain a statement to that effect. This statement must also contain a waiver of any disclosure violations resulting
from the fax transmission. See section 8.02(5).]
j. [If the taxpayer is requesting separate letter rulings on multiple issues, the letter ruling request should contain a statement
to that effect. See section 8.02(1).]
k. [If the taxpayer is seeking to obtain the user fee provided in paragraph (A)(5)(a) of Appendix A for substantially identical
letter rulings, the letter ruling request must contain the statements required by section 15.07.]
2. Administrative
a. [The ruling request should state: ‘‘The deletions statement and checklist required by Rev. Proc. 97–1 are enclosed.’’ See
sections 8.01(9) and 8.01(16).]
b. [The ruling request should state: ‘‘The required user fee of $(Insert the amount of the fee) is enclosed.’’ See section 15
and Appendix A.]
c. [If the taxpayer’s authorized representative is to sign the letter ruling request or is to appear before the Service in
connection with the request, the ruling request should state: ‘‘A Power of Attorney is enclosed.’’ See sections 8.01(11),
8.01(12), and 8.02(2).]
Very truly yours,
(Insert the name of the taxpayer or the taxpayer’s authorized representative)
By:
SignatureDate
Typed or printed name of
person signing request
DECLARATION:[See section 8.01(13).]
Under penalties of perjury, I declare that I have examined this request, including accompanying documents, and, to the best of
my knowledge and belief, the request contains all the relevant facts relating to the request, and such facts are true, correct, and
complete.
(Insert the name of the taxpayer)
By:
SignatureTitleDate
Typed or printed name of
person signing declaration
[If the taxpayer is a corporation that is a member of an affiliated group filing consolidated returns, the above declaration must
also be signed and dated by an officer of the common parent of the group. See section 8.01(13).]
60

APPENDIX C
CHECKLIST
IS YOUR LETTER RULING REQUEST COMPLETE?
INSTRUCTIONS
The Service will be able to respond more quickly to your letter ruling request if it is carefully prepared and complete. To
ensure that your request is in order, use this checklist. Complete the five items of information requested before the checklist.
Answer each question by circling ‘‘Yes,’’ ‘‘No,’’ or ‘‘N/A.’’ When a question contains a place for a page number, insert the
page number (or numbers) of the request that gives the information called for by a yes answer to a question.Sign and date the
checklist (as taxpayer or authorized representative) and place it on top of your request.
If you are an authorized representative submitting a request for a taxpayer, you must include a completed checklist with the
request, or the request will either be returned to you or substantive consideration of it will be deferred until a completed
checklist is submitted.If you are a taxpayer preparing your own request without professional assistance, an incomplete
checklist will not either cause the return of your request or defer substantive consideration of your request.However,
you should still complete as much of the checklist as possible and submit it with your request.
TAXPAYER’S NAME
TAXPAYER’S I.D. NO.
DISTRICT HAVING AUDIT
JURISDICTION
ATTORNEY/P.O.A.
PRIMARY CODE SECTION
CIRCLE
ONEITEM
Yes No1. Does your request involve an issue under the jurisdiction of the Associate Chief Counsel (Domestic), the
Associate Chief Counsel (Employee Benefits and Exempt Organizations), the Associate Chief Counsel
(Enforcement Litigation), or the Associate Chief Counsel (International)? See section 3 of Rev. Proc. 97–1,
1997–1 I.R.B. 11. For issues under the jurisdiction of other offices, see section 4 of Rev. Proc. 97–1. (Hereafter,
all references are to Rev. Proc. 97–1 unless otherwise noted.)
Yes No2. Have you read Rev. Proc. 97–3, 1997–1 I.R.B. 84, and Rev. Proc. 97–7, 1997–1 I.R.B. 185, to see if part or
all of the request involves a matter on which letter rulings are not issued or are ordinarily not issued?
Yes No N/A 3. If your request involves a matter on which letter rulings are not ordinarily issued, have you given compelling
reasons to justify the issuance of a letter ruling? Before preparing your request, you may want to call the branch
in the Office of the Associate Chief Counsel (Domestic), the Office of the Associate Chief Counsel (Employee
Benefits and Exempt Organizations), the Office of the Associate Chief Counsel (Enforcement Litigation), or the
Office of the Associate Chief Counsel (International) responsible for substantive interpretations of the principal
Internal Revenue Code section on which you are seeking a letter ruling to discuss the likelihood of an exception.
For matters under the jurisdiction of—
(a) the Office of Associate Chief Counsel (Domestic) and the Office of Associate Chief Counsel (Employee
Benefits and Exempt Organizations), the appropriate branch to call may be obtained by calling (202) 622–7560
(not a toll-free call);
(b) the Office of the Associate Chief Counsel (International), the appropriate branch to call may be obtained by
calling (202) 622–3800 (not a toll-free call); or
(c) the Office of the Associate Chief Counsel (Enforcement Litigation), the appropriate branch to call may be
obtained by calling (202) 622–3600 (not a toll-free call).
Yes No N/A
Page
4. If the request deals with a completed transaction, have you filed the return for the year in which the
transaction was completed? See sections 5.01, 5.05, 5.06, 5.07, 5.08, and 5.09.
Yes No5. Are you requesting a letter ruling on a hypothetical situation or question? See section 7.02.
Yes No6. Are you requesting a letter ruling on alternative plans of a proposed transaction? See section 7.02.
Yes No7. Are you requesting the letter ruling for only part of an integrated transaction? See sections 7.03 and 8.01(1).
Yes No8. Are you requesting the letter ruling for a business, trade, industrial association, or similar group concerning
the application of tax law to its members? See section 5.11.
61

CIRCLE
ONEITEM
Yes No9. Are you requesting the letter ruling for a foreign government or its political subdivision? See section 5.12.
Yes No
Pages
10. Have you included a complete statement of all the facts relevant to the transaction? See section 8.01(1).
Yes No N/A 11. Have you submitted with the request true copies of all wills, deeds, and other documents relevant to the
transaction, and labelled and attached them in alphabetical sequence? See section 8.01(2).
Yes No N/A 12. Have you submitted with the request certified English translations and a copy of all applicable foreign laws?
See section 8.01(2).
Yes No
Pages
13. Have you included, rather than merely incorporated by reference, all material facts from the documents in the
request? Are they accompanied by an analysis of their bearing on the issues that specifies the document
provisions that apply? See section 8.01(3).
Yes No
Page
14. Have you included the required statement regarding whether the same issue in the letter ruling request is in
an earlier return of the taxpayer or in a return for any year of a related taxpayer? See section 8.01(4).
Yes No
Page
15. Have you included the required statement regarding whether the Service previously ruled on the same or
similar issue for the taxpayer, a related taxpayer, or a predecessor? See section 8.01(5)(a).
Yes No
Page
16. Have you included the required statement regarding whether the taxpayer, a related taxpayer, a predecessor,
or any representatives previously submitted a request involving the same or similar issue but withdrew the
request before the letter ruling or determination letter was issued? See section 8.01(5)(b).
Yes No
Page
17. Have you included the required statement regarding whether the taxpayer, a related taxpayer, or a
predecessor previously submitted a request involving the same or similar issue that is currently pending with the
Service? See section 8.01(5)(c).
Yes No
Page
18. Have you included the required statement regarding whether, at the same time as this request, the taxpayer or
a related taxpayer is presently submitting another request involving the same or similar issue to the Service? See
section 8.01(5)(d).
Yes No
Pages
19. Have you included the required statement of relevant authorities in support of your views? See section
8.01(6).
Yes No
Page
20. Have you included the required statement regarding whether the law in connection with the request is
uncertain and whether the issue is adequately addressed by relevant authorities? See section 8.01(6).
Yes No
Pages
21. Does your request discuss the implications of any legislation, tax treaties, court decisions, regulations,
notices, revenue rulings, or revenue procedures that you determined to be contrary to the position advanced? See
section 8.01(7), which states that taxpayers are encouraged to inform the Service of such authorities.
Yes No N/A
Page
22. If you determined that there are no contrary authorities, have you included a statement to this effect in your
request? See section 8.01(7).
Yes No N/A
Page
23. Have you included in your request a statement identifying any pending legislation that may affect the
proposed transaction? See section 8.01(8).
Yes No24. Is the request accompanied by the deletions statement required by § 6110? See section 8.01(9).
Yes No
Page
25. Have you (or your authorized representative) signed and dated the request? See section 8.01(10).
Yes No N/A 26. If the request is signed by your representative or if your representative will appear before the Service in
connection with the request, is the request accompanied by a properly prepared and signed power of attorney
with the signatory’s name typed or printed? See section 8.01(12).
Yes No
Page
27. Have you included, signed, and dated the penalties of perjury statement in the form required by section
8.01(13)?
Yes No N/A 28. Are you submitting your request in duplicate if necessary? See section 8.01(14).
Yes No N/A
Pages
29. If you are requesting separate letter rulings on different issues involving one factual situation, have you
included a statement to that effect in each request? See section 8.02(1).
Yes No N/A 30. If you want copies of the letter ruling sent to more than one representative, does the power of attorney
contain a statement to that effect? See section 8.02(2)(a).
62

CIRCLE
ONEITEM
Yes No N/A 31. If you want the original of the letter ruling to be sent to a representative, does the power of attorney contain
a statement to that effect? See section 8.02(2)(b).
Yes No N/A 32. If you do not want a copy of the letter ruling to be sent to any representative, does the power of attorney
contain a statement to that effect? See section 8.02(2)(c).
Yes No N/A 33. If you are making a two-part letter ruling request, have you included a summary statement of the facts you
believe to be controlling? See section 8.02(3).
Yes No N/A
Page
34. If you want your letter ruling request to be processed ahead of the regular order or by a specific date, have
you requested expeditious handling in the manner required by section 8.02(4) and stated a compelling need for
such action in the request?
Yes No N/A
Page
35. If you are requesting a copy of the Page letter ruling to be sent by facsimile (fax) transmission, have you
included a statement containing a waiver of any disclosure violations resulting from the fax transmission? See
section 8.02(5).
Yes No N/A
Page
36. If you want to have a conference on the issues involved in the request, have you included a request for
conference in the letter ruling request? See section 8.02(6).
Yes No37. Have you included the correct user fee with the request and made your check or money order payable to the
Internal Revenue Service? See section 15 and Appendix A to determine the correct amount.
Yes No N/A
Page
38. If you qualify for the reduced user fee when gross income or gross receipts, as applicable, is less than
$150,000, have you included the required certification? See paragraphs (A)(4) and (B)(1) of Appendix A.
Yes No N/A
Page
39. If you qualify for the user fee for substantially identical letter rulings, have you included the required
information? See section 15.07(2) and paragraph (A)(5)(a) of Appendix A.
Yes No N/A
Page
40. If you qualify for the user fee for a § 301.9100–1T request to extend the time for filing an identical
accounting method change on a single Form 3115, have you included the required information? See section
15.07(3) and paragraph (A)(5)(c) of Appendix A.
Yes No N/A 41. If your request is covered by any of the guideline revenue procedures or notices, safe harbor revenue
procedures, or other special requirements listed in section 9, have you complied with all of the requirements of
the applicable revenue procedure or notice?
Rev. Proc.
List other applicable revenue procedures or notices, including checklists, used or relied upon in the preparation of
this letter ruling request (Cumulative Bulletin citation not required).
Yes No N/A
Page
42. If you are requesting relief under § 7805(b) (regarding retroactive effect), have you complied with all of the
requirements in section 12.11?
Yes No43. Have you addressed your request to the Associate Chief Counsel (Domestic), the Associate Chief Counsel
(Employee Benefits and Exempt Organizations), the Associate Chief Counsel (Enforcement Litigation), or the
Associate Chief Counsel (International), as appropriate, at:
Internal Revenue Service
Attn: CC:DOM:CORP:T
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
The package should be marked: RULING REQUEST SUBMISSION. Improperly addressed requests may be
delayed (sometimes for over a week) in reaching CC:DOM:CORP:T for initial processing.
SignatureTitle or AuthorityDate
Typed or printed name of
person signing checklist
63

26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of correct tax liability.
Rev. Proc. 97–2
TABLE OF CONTENTS
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
p. 66
SECTION 2. WHAT IS
TECHNICAL ADVICE?
p. 67
SECTION 3. ON WHAT ISSUES
MAY TECHNICAL ADVICE BE
REQUESTED UNDER THIS
PROCEDURE?
p. 67.01 Issues under the jurisdiction of the Associate Chief Counsel (Domestic), the
Associate Chief Counsel (Employee Benefits and Exempt Organizations),
the Associate Chief Counsel (Enforcement Litigation), or the Associate
Chief Counsel (International)
.02 Issues involving shipowners’ protection and indemnity associations and
certain homeowners associations
SECTION 4. ON WHAT ISSUES
MUST TECHNICAL ADVICE BE
REQUESTED UNDER
DIFFERENT PROCEDURES?
p. 67.01 Alcohol, tobacco, and firearms taxes
.02 Employee plans and exempt organizations
.03 Farmers’ cooperatives
SECTION 5. MAY TECHNICAL
ADVICE BE REQUESTED FOR
A § 301.9100–1T REQUEST
MADE DURING THE COURSE
OF AN EXAMINATION?
p. 68.01 A § 301.9100–1T request is a letter ruling request
.02 Statute of limitations
.03 Address to send a § 301.9100–1T request
.04 If the return is being examined or considered by an appeals office or a
federal court, the taxpayer must notify the national office and the national
office will notify the district director, appeals officer, or government counsel
SECTION 6. WHO IS
RESPONSIBLE FOR
REQUESTING TECHNICAL
ADVICE?
p. 69.01 District director or chief, appeals office, determines whether to request
technical advice
.02 Taxpayer may ask that issue be referred for technical advice
SECTION 7. WHEN SHOULD
TECHNICAL ADVICE BE
REQUESTED?
p. 69.01 Uniformity of position lacking
.02 When technical advice can be requested
.03 At the earliest possible stage
SECTION 8. WHAT MUST BE
INCLUDED IN THE REQUEST?
p. 69.01 Statement of issues, facts, law, and arguments
.02 Statement identifying information to be deleted from public inspection
.03 Transmittal Form 4463, Request for Technical Advice
.04 Number of copies of request to be submitted
.05 Power of attorney
SECTION 9. HOW ARE
REQUESTS HANDLED?
p. 71.01 Taxpayer notified
.02 Conference offered
.03 If the taxpayer disagrees with the Service’s statement of facts
.04 If the Service disagrees with the taxpayer’s statement of facts
.05 If the taxpayer has not submitted the required deletions statement
.06 Section 6104 of the Internal Revenue Code (Applications for exemption and
letter rulings issued to certain exempt organizations open to public
inspection)
.07 Criminal or civil fraud cases
64

SECTION 10. HOW DOES A
TAXPAYER APPEAL A
DISTRICT DIRECTOR’S OR
CHIEF’S, APPEALS OFFICE,
DECISION NOT TO SEEK
TECHNICAL ADVICE?
p. 73.01 Taxpayer notified of decision not to seek technical advice
.02 Taxpayer may appeal decision not to seek technical advice
.03 Chief, examination division, or chief, appeals office, determines whether
technical advice will be sought
.04 Chief’s decision may be reviewed but not appealed
SECTION 11. HOW ARE
REQUESTS FOR TECHNICAL
ADVICE WITHDRAWN?
p. 73.01 Taxpayer notified
.02 National office may provide views
SECTION 12. HOW ARE
CONFERENCES SCHEDULED?
p. 74.01 If requested, offered to the taxpayer when adverse technical advice proposed
.02 Normally held within 21 days of contact with the taxpayer
.03 21-day period will be extended if justified and approved
.04 Denial of extension cannot be appealed
.05 Entitled to one conference of right
.06 Conference may not be taped
.07 If requested and approved, conference will be delayed to address a request
for relief under § 7805(b)
.08 Service makes tentative recommendations
.09 Additional conferences may be offered
.10 Additional information submitted after the conference
.11 Under limited circumstances, may schedule a conference to be held by
telephone
SECTION 13. HOW IS STATUS
OF REQUEST OBTAINED?
p. 76.01 Taxpayer or the taxpayer’s representative may request status from the
district or appeals office
.02 District director or chief, appeals office, may request status from the
national office
SECTION 14. HOW DOES THE
NATIONAL OFFICE PREPARE
THE TECHNICAL ADVICE
MEMORANDUM?
p. 76.01 Delegates authority to branch chiefs
.02 Determines whether request has been properly made
.03 Contacts the district or appeals office to discuss issues
.04 Informs the district or appeals office if any matters in the request have been
referred to another branch or office
.05 Informs the district or appeals office if additional information is needed
.06 Informs the district or appeals office of the tentative conclusion
.07 If a tentative conclusion has not been reached, gives date estimated for
tentative conclusion
.08 Advises the district or appeals office if tentative conclusion is changed
.09 Generally does not discuss the tentative conclusion with the taxpayer
.10 Advises the district or appeals office of final conclusions
.11 If needed, requests additional information
.12 Requests taxpayer to send additional information to the national office and a
copy to the district director or chief, appeals office
.13 Informs the taxpayer when requested deletions will not be made
.14 Prepares reply in two parts
.15 Routes replies to appropriate office
65

SECTION 15. HOW DOES A
DISTRICT OR APPEALS
OFFICE USE THE TECHNICAL
ADVICE?
p. 79.01 Generally applies advice in processing the taxpayer’s case
.02 Discussion with the taxpayer
.03 Gives copy to the taxpayer
.04 Taxpayer may protest deletions not made
.05 When no copy is given to the taxpayer
SECTION 16. WHAT IS THE
EFFECT OF TECHNICAL
ADVICE?
p. 80.01 Applies only to the taxpayer for whom technical advice was requested
.02 Usually applies retroactively
.03 Generally applied retroactive ly to modify or revoke prior technical advice
.04 Applies to continuing action or series of actions until specifically
withdrawn, modified, or revoked
.05 Applies to continuing action or series of actions until material facts change
.06 Does not apply retroactively under certain conditions
SECTION 17. HOW MAY
RETROACTIVE EFFECT BE
LIMITED?
p. 81.01 Taxpayer may request that retroactivity be limited
.02 Form of request to limit retroactivity—continuing transaction before
examination of return
.03 Form of request to limit retroactivity — in all other cases
.04 Taxpayer’s right to a conference
SECTION 18. WHAT
SIGNIFICANT CHANGES HAVE
BEEN MADE TO REV. PROC.
96–2?
p. 82
SECTION 19. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
p. 83
SECTION 20. WHAT IS THE
EFFECTIVE DATE OF THIS
REVENUE PROCEDURE?
p. 83
DRAFTING INFORMATIONp. 83
INDEXp. 84
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
This revenue procedure explains when and how the Associate Chief Counsel (Domestic),
the Associate Chief Counsel (Employee Benefits and Exempt Organizations), the Associate
Chief Counsel (Enforcement Litigation), and the Associate Chief Counsel (International)
give technical advice to a district director or a chief, appeals office. It also explains the
rights a taxpayer has when a district director or a chief, appeals office, requests technical
advice regarding a tax matter.
Description of terms used in
this revenue procedure
For purposes of this revenue procedure—
(1) any reference to district director or district office includes their respective offices or,
when appropriate, the Assistant Commissioner (International) or the director of an Internal
Revenue Service Center;
(2) any reference to chief, appeals office, includes, when appropriate, the assistant
regional director of appeals (large case);
(3) any reference to chief, examination division includes, when appropriate, the chief,
employee plans/exempt organizations division;
(4) any reference to appeals officer includes, when appropriate, the team chief;
(5) the term ‘‘taxpayer’’ includes all persons subject to any provision of the Internal
Revenue Code (including issuers of § 103 obligations) and, when appropriate, their
representatives; and
66Sec. 1

(6) the term ‘‘national office’’ refers to the Office of Associate Chief Counsel (Domestic),
the Office of Associate Chief Counsel (Employee Benefits and Exempt Organizations), the
Office of Associate Chief Counsel (Enforcement Litigation), or the Office of Associate
Chief Counsel (International), as appropriate.
Updated annuallyThe revenue procedure is updated annually as the second revenue procedure of the year,
but may be modified or amplified during the year.
SECTION 2. WHAT IS
TECHNICAL ADVICE?
‘‘Technical advice’’ means advice or guidance in the form of a memorandum furnished by
the national office upon the request of a district director or a chief, appeals office, submitted
in accordance with the provisions of this revenue procedure, in response to any technical or
procedural question that develops during any proceeding on the interpretation and proper
application of tax law, tax treaties, regulations, revenue rulings, notices, or other precedents
published by the national office to a specific set of facts. Such proceedings include: (1) the
examination of a taxpayer’s return; (2) the consideration of a taxpayer’s claim for refund or
credit; (3) any matter under examination or in appeals pertaining to tax-exempt bonds or
mortgage credit certificates; and (4) any other matter involving a specific taxpayer under the
jurisdiction of the chief, examination division, or the chief, appeals office. They also include
processing and considering nondocketed cases in an appeals office but do not include cases
in which the issue in the case is in a docketed case for any taxable year. If, however, a case
is docketed for an estate tax issue of a taxpayer while a request for technical advice on the
same issue of the same taxpayer is pending, the national office may issue the technical
advice memorandum if the appropriate appeals officer and government counsel agree, by
memorandum, to the issuance of the technical advice memorandum.
Technical advice helps Internal Revenue Service personnel close cases and also helps
establish and maintain consistent holdings throughout the Service. A district director or a
chief, appeals office, may raise an issue in any tax period, even though technical advice
may have been asked and furnished for the same or similar issue for another tax period.
Technical advice does not include legal advice furnished to the district or appeals office
in writing or orally, other than advice furnished pursuant to this revenue procedure. In
accordance with section 10.01 of this revenue procedure, a taxpayer’s request for referral of
an issue to the national office for technical advice will not be denied merely because the
national office has provided legal advice, other than advice furnished pursuant to this
revenue procedure, to the district or appeals office on the matter.
SECTION 3. ON WHAT ISSUES
MAY TECHNICAL ADVICE BE
REQUESTED UNDER THIS
PROCEDURE?
Issues under the jurisdiction
of the Associate Chief
Counsel (Domestic), the
Associate Chief Counsel
(Employee Benefits and
Exempt Organizations), the
Associate Chief Counsel
(Enforcement Litigation), or
the Associate Chief Counsel
(International)
.01The instructions of this revenue procedure apply to requests for technical advice on
any issue under the jurisdiction of the Associate Chief Counsel (Domestic), the Associate
Chief Counsel (Employee Benefits and Exempt Organizations), or the Associate Chief
Counsel (International), and on certain issues under the jurisdiction of the Associate Chief
Counsel (Enforcement Litigation). See section 3 of Rev. Proc. 97–1, this Bulletin, for a
description of the principal subject matters of jurisdiction.
Issues involving shipowners’
protection and indemnity
associations and certain
homeowners associations
.02The jurisdiction of the Associate Chief Counsel (Domestic) extends to issuing
technical advice under § 526 (shipowners’ protection and indemnity associations) and
§ 528 (certain homeowners associations).
SECTION 4. ON WHAT ISSUES
MUST TECHNICAL ADVICE BE
REQUESTED UNDER
DIFFERENT PROCEDURES?
Alcohol, tobacco, and
firearms taxes
.01The procedures for obtaining technical advice specifically applicable to federal
alcohol, tobacco, and firearms taxes under subtitle E of the Code are under the jurisdiction
of the Bureau of Alcohol, Tobacco and Firearms.
67Sec. 4.01

Employee plans and exempt
organizations
.02The procedures for obtaining technical advice specifically on issues under the
jurisdiction of the Assistant Commissioner (Employee Plans and Exempt Organizations) are
found in Rev. Proc. 97–5, this Bulletin. However, the procedures under Rev. Proc. 97–2
(this revenue procedure) must be followed for obtaining technical advice on issues
pertaining to tax-exempt bonds and mortgage credit certificates.
Farmers’ cooperatives.03Even though the Associate Chief Counsel (Domestic) has jurisdiction for issuing
technical advice under § 521, the procedures under Rev. Proc. 97–5 and Rev. Proc. 90–27,
1990–1 C.B. 514, as well as § 601.201(n) of the Statement of Procedural Rules (26 C.F.R.
§ 601.201(n) (1996)), must be followed.
SECTION 5. MAY TECHNICAL
ADVICE BE REQUESTED FOR
A § 301.9100–1T REQUEST
MADE DURING THE COURSE
OF AN EXAMINATION?
A § 301.9100–1T request is
a letter ruling request
.01A request for an extension of time for making an election or other application for
relief under § 301.9100–1T of the temporary Procedure and Administration Regulations is a
letter ruling request even if the request is submitted after the examination of the taxpayer’s
return has begun or after the issues in the return are being considered by an appeals office
or a federal court. Therefore, a § 301.9100–1T request should be submitted pursuant to
Rev. Proc. 97–1 (including the payment of the applicable user fee listed in Appendix A of
Rev. Proc. 97–1).Seesection 5.02 of Rev. Proc. 97–1.
Statute of limitations.02The running of any applicable period of limitations is not suspended for the period
during which a § 301.9100–1T request has been filed.See§ 301.9100–3T(d)(2). If the
period of limitations on assessment under § 6501(a) for the taxable year in which an
election should have been made or any taxable year that would have been affected by the
election had it been timely made will expire before receipt of a § 301.9100–1T letter ruling,
the Service ordinarily will not issue a § 301.9100–1T ruling.See§ 301.9100–3T(c)(1)(ii).
Therefore, the taxpayer must secure a consent under § 6501(c)(4) to extend the period of
limitations on assessment. Note that the filing of a claim for refund under § 6511 does not
extend the period of limitations on assessment. If § 301.9100–1T relief is granted, the
Service may require the taxpayer to consent to an extension of the period of limitations on
assessment.See§ 301.9100–3T(d)(2).
Address to send a
§ 301.9100–1T request
.03Pursuant to section 8.03(1) of Rev. Proc. 97–1, a § 301.9100–1T request, together
with the appropriate user fee, must be submitted by the taxpayer to the Associate Chief
Counsel (Domestic), the Associate Chief Counsel (Employee Benefits and Exempt
Organizations), the Associate Chief Counsel (Enforcement Litigation), or the Associate
Chief Counsel (International), as appropriate, at the following address:
Internal Revenue Service
Attn: CC:DOM:CORP:T
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
The package should be marked: RULING REQUEST SUBMISSION. A § 301.9100–1T
request may also be hand delivered to the drop box at the 12th Street entrance of 1111
Constitution Avenue, N.W., Washington, DC. No receipt will be given at the drop box. See
Appendix A of Rev. Proc. 97–1 for the appropriate user fee.
If the return is being
examined or considered by
an appeals office or a federal
court, the taxpayer must
notify the national office and
the national office will notify
the district director, appeals
officer, or government
counsel
.04If the taxpayer’s return for the taxable year in which an election should have been
made or any taxable year that would have been affected by the election had it been timely
made is being examined by a district office or considered by an appeals office or a federal
court, the taxpayer must notify the national office.See§ 301.9100–3T(e)(4)(i) and section
5.02(3) of Rev. Proc. 97–1. The national office will notify the appropriate district director,
appeals officer, or government counsel that a § 301.9100–1T request has been submitted to
the national office. The examining officer, appeals officer, or government counsel is not
authorized to deny consideration of a § 301.9100–1T request. The letter ruling will be
mailed to the taxpayer and a copy will be sent to the appropriate district director, appeals
officer, or government counsel.
68Sec. 4.02

SECTION 6. WHO IS
RESPONSIBLE FOR
REQUESTING TECHNICAL
ADVICE?
District director or chief,
appeals office, determines
whether to request technical
advice
.01The district director or chief, appeals office, determines whether to request technical
advice on any issue being considered. Each request must be submitted through channels and
signed by a person who is authorized to sign for the district director or chief, appeals office.
Taxpayer may ask that issue
be referred for technical
advice
.02While a case is under the jurisdiction of a district director or chief, appeals office, a
taxpayer may request in writing or orally to the examining officer or appeals officer that an
issue be referred to the national office for technical advice.
SECTION 7. WHEN SHOULD
TECHNICAL ADVICE BE
REQUESTED?
Uniformity of position lacking.01Technical advice should be requested when there is a lack of uniformity regarding
the disposition of an issue or when an issue is unusual or complex enough to warrant
consideration by the national office.
When technical advice can be
requested
.02The provisions of this revenue procedure apply only to a case under the jurisdiction
of a district director or chief, appeals office. Technical advice may also be requested on
issues considered in a prior appeals disposition, not based on mutual concessions for the
same tax period of the same taxpayer, if the appeals office that had the case concurs in the
request. A district director may not request technical advice on an issue if an appeals office
is currently considering an identical issue of the same taxpayer (or of a related taxpayer
within the meaning of § 267 or a member of an affiliated group of which the taxpayer is
also a member within the meaning of § 1504). A case remains under the jurisdiction of the
district director even though an appeals office has the identical issue under consideration in
the case of another taxpayer (not related within the meaning of § 267 or § 1504) in an
entirely different transaction. With respect to the same taxpayer or the same transaction,
when the issue is under the jurisdiction of an appeals office and the applicability of more
than one kind of federal tax is dependent upon the resolution of that issue, a district director
may not request technical advice on the applicability of any of the taxes involved.
A district director or chief, appeals office, also may not request technical advice on an
issue if the same issue of the same taxpayer (or of a related taxpayer within the meaning of
§ 267 or a member of an affiliated group of which the taxpayer is also a member within
the meaning of § 1504) is in a docketed case for the same taxpayer (or for a related
taxpayer or a member of an affiliated group of which the taxpayer is also a member) for
any taxable year. If, however, a case is docketed for an estate tax issue of a taxpayer while
a request for technical advice on the same issue of the same taxpayer is pending, the
national office may issue the technical advice memorandum if the appropriate appeals
officer and government counsel agree, by memorandum, to the issuance of the technical
advice memorandum.
At the earliest possible stage.03Once an issue is identified, all requests for technical advice should be made at the
earliest possible stage in any proceeding. The fact that the issue is raised late in the
examination or appeals process should not influence, however, the district or appeals
office’s decision to request technical advice.
SECTION 8. WHAT MUST BE
INCLUDED IN THE REQUEST?
Statement of issues, facts,
law, and arguments
.01Whether initiated by the taxpayer or by a district or appeals office, a request for
technical advice must include the facts and the issues for which technical advice is
requested and also a written statement clearly stating the applicable law and the arguments
in support of both the Service’s and the taxpayer’s positions on the issue or issues.
(1) Taxpayer must submit statement if taxpayer initiates request for technical advice.
If the taxpayer initiates the request for technical advice, the taxpayer must submit to the
examining officer or appeals officer, at the time the taxpayer initiates the request, a written
statement—
(a) stating the facts and the issues;
69Sec. 8.01

(b) explaining the taxpayer’s position;
(c) discussing any relevant statutory provisions, tax treaties, court decisions, regulations,
revenue rulings, revenue procedures, notices, or any other authority supporting the
taxpayer’s position; and
(d) stating the reasons for requesting technical advice.
If the examining officer or appeals officer determines that technical advice will be
requested, the taxpayer’s statement will be forwarded to the national office with the request
for technical advice.
(2) Taxpayer is encouraged to submit statement if Service initiates request for
technical advice.If the request for technical advice is initiated by a district or appeals
office, the taxpayer is encouraged to submit the written statement described in section
8.01(1) of this revenue procedure. If the taxpayer submits this statement, it will be
forwarded to the national office with the request for technical advice. If the taxpayer’s
statement is received after the request for technical advice has been forwarded to the
national office, the statement will be forwarded to the national office for association with
the technical advice request.
(3) Statement of authorities contrary to taxpayer’s position.Whether the request for
technical advice is initiated by the taxpayer or by a district or appeals office, the taxpayer is
also encouraged to comment on any legislation (or pending legislation), tax treaties,
regulations, revenue rulings, revenue procedures, or court decisions contrary to the
taxpayer’s position. If the taxpayer determines that there are no contrary authorities, a
statement to this effect would be helpful. If the taxpayer does not furnish either contrary
authorities or a statement that none exists, the Service in complex cases or those presenting
difficult or novel issues may request submission of contrary authorities or a statement that
none exists.
Statement identifying
information to be deleted
from public inspection
.02The text of a technical advice memorandum is open to public inspection under
§ 6110(a). The Service deletes certain information from the text before it is made available
for inspection. To help the Service make the deletions required by § 6110(c), the taxpayer
must provide a statement indicating the deletions desired (‘‘deletions statement’’). If the
taxpayer does not submit the deletions statement, the Service will follow the procedures in
section 9.05 of this revenue procedure.
A taxpayer who wants only names, addresses, and identifying numbers deleted should
state this in the deletions statement. If the taxpayer wants more information deleted, the
deletions statement must be accompanied by a copy of the technical advice request and
supporting documents on which the taxpayer should bracket the material to be deleted. The
deletions statement must indicate the statutory basis under § 6110(c) for each proposed
deletion.
If the taxpayer decides to ask for additional deletions before the technical advice
memorandum is issued, additional deletions statements may be submitted.
The deletions statement must not appear in the request for technical advice but, instead,
must be made in a separate document.
The deletions statement must be signed and dated by the taxpayer or the taxpayer’s
authorized representative. A stamped signature is not permitted.
The taxpayer should follow these same procedures to propose deletions from any
additional information submitted after the initial request for technical advice. An additional
deletions statement, however, is not required with each submission of additional information
if the taxpayer’s initial deletions statement requests that only names, addresses, and
identifying numbers are to be deleted and the taxpayer wants only the same information
deleted from the additional information.
Transmittal Form 4463,
Request for Technical Advice
.03The district or appeals office should use Form 4463, Request for Technical Advice,
for transmitting a request for technical advice to the national office using the addresses
listed below.
70Sec. 8.01

Address to send requests
from district offices
Internal Revenue Service
Attn: CC:DOM:CORP:T
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044
Address to send requests
from appeals offices
Internal Revenue Service
Attn: C:AP:FS
Box 68
901 D Street, S.W.
Washington, DC 20024
Number of copies of request
to be submitted
.04The district or appeals office must submit: (1) two copies of the request for technical
advice to the national office; and (2) one copy of the request for technical advice to the
Issue or Industry Specialist if the request involves a designated issue or industry under the
Industry Specialization Program.
Power of attorney.05Any authorized representative, as described in section 8.01(11) of Rev. Proc. 97–1,
whether or not enrolled to practice, must comply with Treasury Department Circular No.
230 (31 C.F.R. part 10 (1996)) and with the conference and practice requirements of the
Statement of Procedural Rules (26 C.F.R. § 601.501–601.509 (1996)). It is preferred that
Form 2848, Power of Attorney and Declaration of Representative, be used with regard to
requests for technical advice under this revenue procedure.
SECTION 9. HOW ARE
REQUESTS HANDLED?
Taxpayer notified.01Regardless of whether the taxpayer or the Service initiates the request for technical
advice, the district or appeals office: (1) will notify the taxpayer that technical advice is
being requested; and (2) at or before the time the request is submitted to the national office,
will give to the taxpayer a copy of the arguments that were provided to the national office
in support of the Service’s position.
If the examining officer or appeals officer initiates the request for technical advice, he or
she will give to the taxpayer a copy of the statement of the pertinent facts and the issues
proposed for submission to the national office.
This section 9.01 does not apply to a technical advice memorandum described in section
9.07 of this revenue procedure.
Conference offered
.02When notifying the taxpayer that technical advice is being requested, the examining
officer or appeals officer will also tell the taxpayer about the right to a conference in the
national office if an adverse decision is indicated and will ask the taxpayer whether such a
conference is desired.
If the taxpayer disagrees with
the Service’s statement of
facts
.03If the examining officer or appeals officer initiates the request for technical advice,
the taxpayer has 10 calendar days after receiving the statement of facts and specific issues
to submit to that officer a written statement specifying any disagreement on the facts and
issues. A taxpayer who needs more than 10 calendar days must justify in writing the request
for an extension of time. The extension is subject to the approval of the chief, examination
division, or the chief, appeals office.
After receiving the taxpayer’s statement of the areas of disagreement, every effort should
be made to reach an agreement on the facts and the specific points at issue before the
matter is referred to the national office. If an agreement cannot be reached, the district or
appeals office will notify the taxpayer in writing. Within 10 calendar days after receiving
the written notice, the taxpayer may submit a statement of the taxpayer’s understanding of
the facts and the specific points at issue. A taxpayer who needs more than 10 calendar days
to prepare the statement of understanding must justify in writing the request for an
extension of time. The extension is subject to the approval of the chief, examination
division, or the chief, appeals office. Both the statements of the taxpayer and the district or
appeals office will be forwarded to the national office with the request for technical advice.
When the district director or the chief, appeals office, and the taxpayer cannot agree on
the material facts and the request for technical advice does not involve the issue of whether
71Sec. 9.03

a letter ruling should be modified or revoked, the national office, at its discretion, may
refuse to provide technical advice. If the national office chooses to issue technical advice,
the national office will base its advice on the facts provided by the district or appeals office.
If a request for technical advice involves the issue of whether a letter ruling should be
modified or revoked, the national office will issue technical advice.
If the Service disagrees with
the taxpayer’s statement of
facts
.04If the taxpayer initiates the request for technical advice and the taxpayer’s statement
of the facts and issues is not wholly acceptable to the district or appeals office, the Service
will notify the taxpayer in writing of the areas of disagreement. The taxpayer has 10
calendar days after receiving the written notice to reply to it. A taxpayer who needs more
than 10 calendar days must justify in writing the request for an extension of time. The
extension is subject to the approval of the chief, examination division, or the chief, appeals
office.
If an agreement cannot be reached, both the statements of the taxpayer and the district or
appeals office will be forwarded to the national office with the request for technical advice.
When the disagreement involves material facts essential to the preliminary assessment of the
case, the district director or the chief, appeals office, may refuse to refer a taxpayer initiated
request for technical advice to the national office.
If the district director or the chief, appeals office, submits a case involving a
disagreement of the material facts, the national office, at its discretion, may refuse to
provide technical advice. If the national office chooses to issue technical advice, the
national office will base its advice on the facts provided by the district or appeals office.
If the taxpayer has not
submitted the required
deletions statement
.05When the district or appeals office initiates the request for technical advice, the
taxpayer has 10 calendar days after receiving the statement of facts and issues to be
submitted to the national office to provide the deletions statement required under § 6110(c).
Seesection 8.02 of this revenue procedure. If the taxpayer does not submit the deletions
statement, the district director or the chief, appeals office, will tell the taxpayer that the
statement is required.
When the taxpayer initiates the request for technical advice and does not submit a
deletions statement with the request, the district director or the chief, appeals office, will
ask the taxpayer to submit the statement. If the district director or the chief, appeals office,
does not receive the deletions statement within 10 calendar days after asking the taxpayer
for it, the district director or the chief, appeals office, may decline to submit the request for
technical advice.
However, if the district director or the chief, appeals office, decides to request technical
advice, whether initiated by the district or appeals office or by the taxpayer, in a case in
which the taxpayer has not submitted the deletions statement, the national office will make
those deletions that the Commissioner of Internal Revenue determines are required by
§ 6110(c).
Section 6104 of the Internal
Revenue Code (Applications
for exemption and letter
rulings issued to certain
exempt organizations open to
public inspection)
.06The requirements for submitting statements and other materials or proposed deletions
in technical advice memorandums before public inspection is allowed do not apply to
requests for any documents to the extent that § 6104 applies.
Criminal or civil fraud cases.07The provisions of this section (about referring issues upon the taxpayer’s request,
telling the taxpayer about the referral of issues, giving the taxpayer a copy of the arguments
submitted, submitting proposed deletions, and granting conferences in the national office) do
not apply to a technical advice memorandum described in § 6110(g)(5)(A) that involves a
matter that is the subject of or is otherwise closely related to a criminal or civil fraud
investigation, or a jeopardy or termination assessment.
In these cases, a copy of the technical advice memorandum is given to the taxpayer after
all proceedings in the investigations or assessments are complete, but before the
Commissioner mails the notice of intention to disclose the technical advice memorandum
under § 6110(f)(1). The taxpayer may then provide the statement of proposed deletions to
the national office.
72Sec. 9.03

SECTION 10. HOW DOES A
TAXPAYER APPEAL A
DISTRICT DIRECTOR’S OR
CHIEF’S, APPEALS OFFICE,
DECISION NOT TO SEEK
TECHNICAL ADVICE?
Taxpayer notified of decision
not to seek technical advice
.01If the examining officer or appeals officer concludes that a taxpayer’s request for
referral of an issue to the national office for technical advice does not warrant referral, the
examining officer or appeals officer will tell the taxpayer. A taxpayer’s request for such a
referral will not be denied merely because the national office provided legal advice, other
than advice furnished pursuant to this revenue procedure, to the district or appeals office on
the matter.
Taxpayer may appeal
decision not to seek technical
advice
.02The taxpayer may appeal the decision of the examining officer or appeals officer not
to request technical advice. To do so, the taxpayer must submit to that officer, within 10
calendar days after being told of the decision, a written statement of the facts, law, and
arguments on the issue and the reasons why the taxpayer believes the matter should be
referred to the national office for technical advice. A taxpayer who needs more than 10
calendar days must justify in writing the request for an extension of time. The extension is
subject to the approval of the chief, examination division, or the chief, appeals office.
Chief, examination division,
or chief, appeals office,
determines whether technical
advice will be sought
.03The examining officer or appeals officer submits the taxpayer’s statement through
channels to the chief, examination division, or the chief, appeals office, along with the
examining officer’s or appeals officer’s statement of why the issue should not be referred to
the national office. The chief determines on the basis of the statements whether technical
advice will be requested.
If the chief determines that technical advice is not warranted and proposes to deny the
request, the taxpayer is told in writing about the determination. In the letter to the taxpayer,
the chief states the reasons for the proposed denial (except in unusual situations when doing
so would be prejudicial to the best interests of the Government). The taxpayer has 10
calendar days after receiving the letter to notify the chief of agreement or disagreement with
the proposed denial.
Chief’s decision may be
reviewed but not appealed
.04The taxpayer may not appeal the decision of the chief, examination division, or the
chief, appeals office, not to request technical advice from the national office. However, if
the taxpayer does not agree with the proposed denial, all data on the issue for which
technical advice has been sought, including the taxpayer’s written request and statements,
will be submitted to the Assistant Commissioner (Examination), the Assistant Commissioner
(International), or the National Director of Appeals, as appropriate.
The Assistant Commissioner (Examination), the Assistant Commissioner (International),
or the National Director of Appeals, as appropriate, will review the proposed denial solely
on the basis of the written record, and no conference will be held with the taxpayer or the
taxpayer’s representative. The Assistant Commissioner (Examination), the Assistant
Commissioner (International), or the National Director of Appeals may consult with the
national office, if necessary, and will notify the district office or appeals office within 45
calendar days of receiving all the data regarding the request for technical advice whether the
proposed denial is approved or disapproved. The district office or appeals office will then
notify the taxpayer.
While the matter is being reviewed, the district office or appeals office suspends action
on the issue (except when the delay would prejudice the Government’s interest).
The provisions of this revenue procedure in regard to review of the proposed denial of a
request for technical advice continue to be applicable in those situations in which the
authority normally exercised by the district director or chief, appeals office, has been
delegated to another official.
SECTION 11. HOW ARE
REQUESTS FOR TECHNICAL
ADVICE WITHDRAWN?
Taxpayer notified.01Once a request for technical advice has been sent to the national office, only a
district director or a chief, appeals office, may withdraw a request for technical advice. He
73Sec. 11.01

or she may ask to withdraw a request at any time before the responding transmittal
memorandum for the technical advice is signed.
The district director or the chief, appeals office, as appropriate, must notify the taxpayer
in writing of an intent to withdraw the request for technical advice except—
(1) when the period of limitations on assessment is about to expire and the taxpayer has
declined to sign a consent to extend the period; or
(2) when such notification would be prejudicial to the best interests of the Government.
If the taxpayer does not agree that the request for technical advice should be withdrawn,
the procedures in section 10 of this revenue procedure must be followed.
National office may provide
views
.02When a request for technical advice is withdrawn, the national office may send its
views to the district director or the chief, appeals office, when acknowledging the
withdrawal request. In an appeals case, acknowledgment of the withdrawal request should
be sent to the appropriate appeals office, through the National Director of Appeals,
C:AP:FS. In appropriate cases, the subject matter may be published as a revenue ruling or
as a revenue procedure.
SECTION 12. HOW ARE
CONFERENCES SCHEDULED?
If requested, offered to the
taxpayer when adverse
technical advice proposed
.01If, after the technical advice request is analyzed, it appears that technical advice
adverse to the taxpayer will be given, and if a conference has been requested, the taxpayer
will be informed, by telephone if possible, of the time and place of the conference.
Normally held within 21 days
of contact with the taxpayer
.02The conference must be held within 21 calendar days after the taxpayer is contacted.
If conferences are being arranged for more than one request for technical advice for the
same taxpayer, they will be scheduled to cause the least inconvenience to the taxpayer. The
national office will notify the examining officer or appeals officer of the scheduled
conference and will offer the examining officer or appeals officer the opportunity to attend
the conference. The Assistant Commissioner (Examination), the Assistant Commissioner
(International), the National Director of Appeals, the district director, or the chief, appeals
office, may designate other Service representatives to attend the conference in lieu of, or in
addition to, the examining officer or appeals officer.
21-day period will be
extended if justified and
approved
.03An extension of the 21-day period will be granted only if the taxpayer justifies it in
writing and the assistant chief counsel of the office to which the case is assigned approves
the request. No extension will be granted without the approval of the assistant chief counsel.
Except in rare and unusual circumstances, the national office will not agree to an extension
of more than 10 working days beyond the end of the 21-day period.
The taxpayer’s request for extension must be submitted before the end of the 21-day
period, and should be submitted sufficiently before the end of this period to allow the
national office to consider, and either approve or deny, the request before the end of the
21-day period. If unusual circumstances near the end of the 21-day period make a timely
written request impractical, the national office should be told orally before the end of the
period about the problem. The written request for extension must be submitted to the
national office promptly after the oral request. The taxpayer will be told promptly (and later
in writing) of the approval or denial of a requested extension.
Denial of extension cannot be
appealed
.04There is no right to appeal the denial of a request for extension. If the national office
is not advised of problems with meeting the 21-day period or if the written request is not
sent promptly after the national office is notified of problems with meeting the 21-day
period, the case will be processed on the basis of the existing record.
Entitled to one conference of
right
.05A taxpayer is entitled by right to only one conference in the national office unless
one of the circumstances discussed in section 12.09 of this revenue procedure exists. This
conference is normally held at the branch level. It is attended by a person who has authority
to sign the transmittal memorandum (discussed in section 14.14 of this revenue procedure)
on behalf of the branch chief.
When more than one branch has taken an adverse position on an issue in the request or
when the position ultimately adopted by one branch will affect another branch’s
determination, a representative from each branch with authority to sign for the branch chief
will attend the conference. If more than one subject is discussed at the conference, the
discussion constitutes a conference for each subject.
74Sec. 11.01

To have a thorough and informed discussion of the issues, the conference usually is held
after the branch has had an opportunity to study the case. However, the taxpayer may
request that the conference of right be held earlier in the consideration of the case than the
Service would ordinarily designate.
The taxpayer has no right to appeal the action of a branch to an assistant chief counsel or
to any other Service official. But see section 12.09 of this revenue procedure for situations
in which the Service may offer additional conferences.
Conference may not be taped.06Because conference procedures are informal, no tape, stenographic, or other verbatim
recording of a conference may be made by any party.
If requested and approved,
conference will be delayed to
address a request for relief
under § 7805(b)
.07In the event of a tentatively adverse determination, the taxpayer may request, in
writing, a delay of the conference so that the taxpayer can prepare and submit a brief
requesting relief under § 7805(b) (discussed in section 17 of this revenue procedure). The
assistant chief counsel of the office to which the case is assigned will determine whether to
grant or deny the request for delaying the conference. If such request is granted, the Service
will schedule a conference on the tentatively adverse decision and the § 7805(b) relief
request within 10 days of receiving the taxpayer’s § 7805(b) request. There is no right to
appeal the denial of a request for delaying the conference. See section 17.04 of this revenue
procedure for the conference procedures if the § 7805(b) request is made after the
conference on the substantive issues has been held.
Service makes tentative
recommendations
.08The senior Service representative at the conference ensures that the taxpayer has full
opportunity to present views on all the issues in question. The Service representatives
explain the tentative decision on the substantive issues and the reasons for it.
If the taxpayer requests relief under § 7805(b) (regarding limitation of retroactive effect),
the Service representatives will discuss the tentative recommendation concerning the request
for relief and the reason for the tentative recommendation.
No commitment will be made as to the conclusion that the Service will finally adopt
regarding the outcome of the § 7805(b) issue or on any other issue discussed.
Additional conferences may
be offered
.09The Service will offer the taxpayer an additional conference if, after the conference
of right, an adverse holding is proposed on a new issue or on the same issue but on grounds
different from those discussed at the first conference.
When a proposed holding is reversed at a higher level with a result less favorable to the
taxpayer, the taxpayer has no right to another conference if the grounds or arguments on
which the reversal is based were discussed at the conference of right.
The limitation on the number of conferences to which a taxpayer is entitled does not
prevent the national office from inviting a taxpayer to attend additional conferences,
including conferences with an official higher than the branch level, if national office
personnel think they are necessary. Such conferences are not offered as a matter of course
simply because the branch has reached an adverse decision. In general, conferences with
higher level officials are offered only if the Service determines that the case presents
significant issues of tax policy or tax administration and that the consideration of these
issues would be enhanced by additional conferences with the taxpayer.
In accordance with section 12.02 of this revenue procedure, the examining officer or
appeals officer will be offered the opportunity to participate in any additional taxpayer’s
conference, including a conference with an official higher than the branch level. Section
12.02 of this revenue procedure also provides that other Service representatives are allowed
to participate in the conference.
Additional information
submitted after the
conference
.10Within 21 calendar days after the conference, the taxpayer must furnish to the
national office any additional data, lines of reasoning, precedents, etc., that the taxpayer
proposed and discussed at the conference but did not previously or adequately present in
writing. This additional information must be submitted by letter with a penalties of perjury
statement in the form described in section 14.11(1) of this revenue procedure.
The taxpayer must also send a copy of the additional information to the district director
or the chief, appeals office, for comment. Any comments by the district director or the
chief, appeals office, must be furnished promptly to the appropriate branch in the national
office. If the district director or the chief, appeals office, does not have any comments, he
or she must notify the branch representative promptly.
75Sec. 12.10

If the additional information would have a significant impact on the facts in the request
for technical advice, the national office will ask the district director or the chief, appeals
office, for comment on the facts contained in the additional information submitted. The
district director or the chief, appeals office, will give the additional information prompt
attention.
If the additional information is not received within 21 calendar days, the technical advice
memorandum will be issued on the basis of the existing record.
An extension of the 21-day period may be granted only if the taxpayer justifies it in
writing and the assistant chief counsel of the office to which the case is assigned approves
the extension. Such extension will not be routinely granted. The procedures for requesting
an extension of the 21-day period and notifying the taxpayer of the Service’s decision are
the same as those in sections 12.03 and 12.04 of this revenue procedure.
Under limited circumstances,
may schedule a conference
to be held by telephone
.11Infrequently, taxpayers request that their conference of right be held by telephone.
This request may occur, for example, when a taxpayer wants a conference of right but
believes that the issue involved does not warrant incurring the expense of traveling to
Washington, DC. If a taxpayer makes such a request, the branch chief, senior technician
reviewer (or senior technical reviewer), or assistant to the branch chief (or assistant branch
chief) of the branch to which the case is assigned will decide if it is appropriate in the
particular case to hold the conference of right by telephone. If the request is approved, the
taxpayer will be advised when to call the Service representatives (not a toll-free call).
In accordance with section 12.02 of this revenue procedure, the examining officer or
appeals officer will be offered the opportunity to participate in the telephone conference.
Section 12.02 of this revenue procedure also provides that other Service representatives are
allowed to participate in the conference.
SECTION 13. HOW IS STATUS
OF REQUEST OBTAINED?
Taxpayer or the taxpayer’s
representative may request
status from the district or
appeals office
.01The taxpayer or the taxpayer’s representative may obtain information on the status of
the request for technical advice by contacting the district or appeals office that requested the
technical advice. See section 14.09 of this revenue procedure concerning the time for
discussing the tentative conclusion with the taxpayer or the taxpayer’s representative. See
section 15.02 of this revenue procedure regarding discussions of the contents of the
technical advice memorandum with the taxpayer or the taxpayer’s representative.
District director or chief,
appeals office, may request
status from the national office
.02The district or appeals office will be given status updates on the technical advice
request once a month by the branch representative or branch chief assigned to the request.
In addition, a district director or a chief, appeals office, may get current information on the
status of the request for technical advice by calling the person whose name and telephone
number are shown on the acknowledgement of receipt of the request for technical advice.
See section 14.10 of this revenue procedure about discussing the final conclusions with
the district or appeals office. Further, the district director or the chief, appeals office, will be
notified at the time the technical advice memorandum is mailed.
SECTION 14. HOW DOES THE
NATIONAL OFFICE PREPARE
THE TECHNICAL ADVICE
MEMORANDUM?
Delegates authority to branch
chiefs
.01The authority to issue technical advice on issues under the jurisdiction of the
Associate Chief Counsel (Domestic) has largely been delegated to the branch chiefs in the
offices of the Assistant Chief Counsel (Corporate), the Assistant Chief Counsel (Financial
Institutions and Products), the Assistant Chief Counsel (Income Tax and Accounting), and
the Assistant Chief Counsel (Passthroughs and Special Industries).
The branch chiefs in the Office of Associate Chief Counsel (Employee Benefits and
Exempt Organizations) and in the Office of Associate Chief Counsel (International) have
largely been delegated the authority to issue technical advice on issues under their
jurisdiction.
The authority to issue technical advice on issues under the jurisdiction of the Associate
Chief Counsel (Enforcement Litigation) has largely been delegated to the branch chiefs in
the office of the Assistant Chief Counsel (General Litigation).
76Sec. 12.10

Determines whether request
has been properly made
.02A request for technical advice generally is given priority and processed expeditiously.
As soon as the request for technical advice is assigned, the branch representative analyzes
the file to see whether it meets all requirements of sections 6 through 8 of this revenue
procedure.
However, if the request does not comply with the requirements of section 8.02 of this
revenue procedure relating to the deletions statement, the Service will follow the procedure
in the last paragraph of section 9.05 of this revenue procedure.
Contacts the district or
appeals office to discuss
issues
.03Usually, within 21 calendar days after the branch receives the request for technical
advice, a representative of the branch telephones the district or appeals office to discuss the
procedural and substantive issues in the request that come within the branch’s jurisdiction.
Informs the district or
appeals office if any matters
in the request have been
referred to another branch or
office
.04If the technical advice request concerns matters within the jurisdiction of more than
one branch or office, a representative of the branch that received the original technical
advice request informs the district or appeals office within 21 calendar days of receiving the
request that—
(1) the matters within the jurisdiction of another branch or office have been referred to
the other branch or office for consideration; and
(2) a representative of the other branch or office will contact the district or appeals office
about the technical advice request within 21 calendar days after receiving it in accordance
with section 14.03 of this revenue procedure.
Informs the district or
appeals office if additional
information is needed
.05The branch representative will inform the district or appeals office that the case is
being returned if substantial additional information is required to resolve an issue. Cases
should be returned for additional information when significant unresolved factual variances
exist between the statement of facts submitted by the district or appeals office and the
taxpayer. Cases should also be returned if major procedural problems cannot be resolved by
telephone.
If only minor procedural deficiencies exist, the branch representative will request the
additional information in the most expeditious manner without returning the case. Within 21
calendar days after receiving the information requested, the branch representative will notify
the district or appeals office of the tentative conclusion and an estimated date by which the
technical advice memorandum will be mailed, or an estimated date when a tentative
conclusion will be made.
Informs the district or
appeals office of the tentative
conclusion
.06If all necessary information has been provided, the branch representative informs the
district or appeals office of the tentative conclusion and the estimated date that the technical
advice memorandum will be mailed.
If a tentative conclusion has
not been reached, gives date
estimated for tentative
conclusion
.07If a tentative conclusion has not been reached because of the complexity of the issue,
the branch representative informs the district or appeals office of the estimated date the
tentative conclusion will be made.
Advises the district or
appeals office if tentative
conclusion is changed
.08Because the branch representative’s tentative conclusion may change during the
preparation and review of the technical advice memorandum, the tentative conclusion
should not be considered final. If the tentative conclusion is changed, the branch
representative will inform the district or appeals office.
Generally does not discuss
the tentative conclusion with
the taxpayer
.09Neither the national office nor the district or appeals office should advise the
taxpayer or the taxpayer’s representative of the tentative conclusion during consideration of
the request for technical advice. However, in order to afford taxpayers an appropriate
opportunity to prepare and present their position, the taxpayer or the taxpayer’s
representative should be told the tentative conclusion when scheduling the adverse
conference, at the adverse conference, or in any discussion between the scheduling and
commencement of the adverse conference. See section 15.02 of this revenue procedure
regarding discussions of the contents of the technical advice memorandum with the taxpayer
or the taxpayer’s representative.
Advises the district or
appeals office of final
conclusions
.10In all cases, the branch representative will inform the examining officer or appeals
officer of the national office’s final conclusions. The examining officer or appeals officer
will be offered the opportunity to discuss the issues and the national office’s final
conclusions before the technical advice memorandum is issued.
77Sec. 14.10

If needed, requests additional
information
.11If, following the initial contact referenced in section 14.03 of this revenue procedure,
it is determined, after discussion with the branch chief or reviewer, that additional
information is needed, a branch representative will obtain the additional information from
the taxpayer or from the district director or the chief, appeals office, in the most expeditious
manner possible. Any additional information requested from the taxpayer by the national
office must be submitted by letter with a penalties of perjury statement within 21 calendar
days after the request for information is made.
(1) Penalties of perjury statement.Additional information submitted to the national
office must be accompanied by the following declaration:‘‘Under penalties of perjury, I
declare that I have examined this information, including accompanying documents,
and, to the best of my knowledge and belief, the information contains all the relevant
facts relating to the request for the information, and such facts are true, correct, and
complete.’’This declaration must be signed and dated by the taxpayer, not the taxpayer’s
representative. A stamped signature is not permitted.
(2) 21-day period will be extended if justified and approved.A written request for an
extension of time to submit additional information must be received by the national office
within the 21-day period, giving compelling facts and circumstances to justify the proposed
extension. The assistant chief counsel of the office to which the case is assigned will
determine whether to grant or deny the request for an extension of the 21-day period. No
extension will be granted without the approval of the assistant chief counsel. Except in rare
and unusual circumstances, the national office will not agree to an extension of more than
10 working days beyond the end of the 21-day period. There is no right to appeal the denial
of a request for extension.
(3) If the taxpayer does not submit additional information.If the national office does
not receive the additional information within the period of 21 days, plus any extensions
granted by the assistant chief counsel, the national office will issue the technical advice
memorandum based on the existing record.
Requests taxpayer to send
additional information to the
national office and a copy to
the district director or chief,
appeals office
.12Whether or not requested by the Service, any additional information submitted by the
taxpayer should be sent to the national office. Generally, the taxpayer needs only to submit
one copy of the additional information to the national office. However, in appropriate cases,
the national office may request additional copies of the information.
Also, the taxpayer must send a copy to the district director or the chief, appeals office,
for comment. Any comments by the district director or the chief, appeals office, must be
furnished promptly to the appropriate branch in the national office. If the district director or
the chief, appeals office, does not have any comments, he or she must notify the branch
representative promptly.
Informs the taxpayer when
requested deletions will not
be made
.13Generally, before replying to the request for technical advice, the national office
informs the taxpayer orally or in writing of the material likely to appear in the technical
advice memorandum that the taxpayer proposed be deleted but that the Service has
determined should not be deleted.
If so informed, the taxpayer may submit within 10 calendar days any further information
or arguments supporting the taxpayer’s proposed deletions.
The Service attempts, if possible, to resolve all disagreements about proposed deletions
before the national office replies to the request for technical advice. However, the taxpayer
does not have the right to a conference to resolve any disagreements about material to be
deleted from the text of the technical advice memorandum. These matters, however, may be
considered at any conference otherwise scheduled for the request. See section 15.04 of this
revenue procedure for the procedures to protest the disclosure of information in the
technical advice memorandum.
Prepares reply in two parts.14The replies to technical advice requests are in two parts. Each part identifies the
taxpayer by name, address, identification number, and year or years involved.
The first part of the reply is a transmittal memorandum (Form M–6000). In unusual
cases, it is a way of giving the district or appeals office administrative or other information
that under the nondisclosure statutes or for other reasons may not be discussed with the
taxpayer.
The second part is the technical advice memorandum, which contains—
78Sec. 14.11

(1) a statement of the issues;
(2) a statement of the facts pertinent to the issues;
(3) a statement of the pertinent law, tax treaties, regulations, revenue rulings, and other
precedents published in the Internal Revenue Bulletin, and court decisions;
(4) a discussion of the rationale supporting the conclusions reached by the national
office; and
(5) the conclusions of the national office. The conclusions give direct answers, whenever
possible, to the specific issues raised by the district or appeals office. However, the national
office is not bound by the precise statement of the issues as submitted by the taxpayer or by
the district or appeals office and may reframe the issues to be answered in the technical
advice memorandum. The discussion of the issues will be in sufficient detail so that the
district or appeals officials will understand the reasoning underlying the conclusion.
Accompanying the technical advice memorandum is a notice under § 6110(f)(1) of
intention to disclose a technical advice memorandum (including a copy of the version
proposed to be open to public inspection and notations of third party communications under
§ 6110(d)).
Routes replies to appropriate
office
.15Replies to requests for technical advice are addressed to the district director or the
chief, appeals office. Replies to requests from appeals should be routed to the appropriate
appeals office through the National Director of Appeals, C:AP:FS.
SECTION 15. HOW DOES A
DISTRICT OR APPEALS
OFFICE USE THE TECHNICAL
ADVICE?
Generally applies advice in
processing the taxpayer’s
case
.01The district director or the chief, appeals office, must process the taxpayer’s case on
the basis of the conclusions in the technical advice memorandum unless—
(1) the district director or the chief, appeals office, decides that the conclusions reached
by the national office in a technical advice memorandum should be reconsidered;
(2) in the case of technical advice unfavorable to the taxpayer, the chief, appeals office,
decides to settle the issue under existing authority; or
(3) in the case of technical advice unfavorable to a Coordinated Examination Program
taxpayer on a coordinated issue within the Industry Specialization Program or International
Field Assistance Specialization Program on which appeals has coordinated issue papers
containing settlement guidelines or positions, the examination case manager decides to settle
the issue under the settlement authority delegated in Delegation Order No. 247, 1996–1
C.B. 356.
Discussion with the taxpayer.02The national office will not discuss the contents of the technical advice memorandum
with the taxpayer or the taxpayer’s representative until the taxpayer has been given a copy
by the district or appeals office. See section 14.09 of this revenue procedure concerning the
time for discussing the tentative conclusion with the taxpayer or the taxpayer’s
representative.
Gives copy to the taxpayer.03The district director or the chief, appeals office, only after adopting the technical
advice, gives the taxpayer—
(1) a copy of the technical advice memorandum described in section 14.14 of this
revenue procedure; and
(2) the notice under § 6110(f)(1) of intention to disclose the technical advice
memorandum (including a copy of the version proposed to be open to public inspection and
notations of third party communications under § 6110(d)).
This requirement does not apply to technical advice memorandums involving criminal or
civil fraud investigations, or jeopardy or termination assessments, as described in section
9.07 of this revenue procedure.
Taxpayer may protest
deletions not made
.04After receiving the notice under § 6110(f)(1) of intention to disclose the technical
advice memorandum, the taxpayer may protest the disclosure of certain information in it.
The taxpayer must submit a written statement within 20 calendar days identifying those
79Sec. 15.04

deletions not made by the Service that the taxpayer believes should have been made. The
taxpayer must also submit a copy of the version of the technical advice memorandum
proposed to be open to public inspection with brackets around the deletions proposed by the
taxpayer that have not been made by the national office.
Generally, the national office considers only the deletion of material that the taxpayer has
proposed be deleted or other deletions as required under § 6110(c) before the national
office reply is sent to the district director or the chief, appeals office. Within 20 calendar
days after it receives the taxpayer’s response to the notice under § 6110(f)(1), the national
office must mail to the taxpayer its final administrative conclusion about the deletions to be
made.
When no copy is given to the
taxpayer
.05If the national office tells the district director or the chief, appeals office, that a copy
of the technical advice memorandum should not be given to the taxpayer and the taxpayer
requests a copy, the district director or the chief, appeals office, will tell the taxpayer that
no copy will be given.
SECTION 16. WHAT IS THE
EFFECT OF TECHNICAL
ADVICE?
Applies only to the taxpayer
for whom technical advice
was requested
.01A taxpayer may not rely on a technical advice memorandum issued by the Service
for another taxpayer.See§ 6110(j)(3).
Usually applies retroactively.02Except in rare or unusual circumstances, a holding in a technical advice
memorandum that is favorable to the taxpayer is applied retroactively.
Moreover, because technical advice, as described in section 2 of this revenue procedure,
is issued only on closed transactions, a holding that is adverse to the taxpayer is also
applied retroactively, unless the Associate Chief Counsel (Domestic), the Associate Chief
Counsel (Employee Benefits and Exempt Organizations), the Associate Chief Counsel
(Enforcement Litigation), or the Associate Chief Counsel (International), as appropriate,
exercises the discretionary authority under § 7805(b) to limit the retroactive effect of the
holding.
Generally applied
retroactively to modify or
revoke prior technical advice
.03A holding that modifies or revokes a holding in a prior technical advice
memorandum is applied retroactively, with one exception. If the new holding is less
favorable to the taxpayer than the earlier one, it generally is not applied to the period in
which the taxpayer relied on the prior holding in situations involving continuing
transactions.
Applies to continuing action
or series of actions until
specifically withdrawn,
modified, or revoked
.04If a technical advice memorandum relates to a continuing action or a series of
actions, ordinarily it is applied until specifically withdrawn or until the conclusion is
modified or revoked by the enactment of legislation, the ratification of a tax treaty, a
decision of the United States Supreme Court, or the issuance of regulations (temporary or
final), a revenue ruling, or other statement published in the Internal Revenue Bulletin.
Publication of a notice of proposed rulemaking does not affect the application of a technical
advice memorandum.
Applies to continuing action
or series of actions until
material facts change
.05A taxpayer is not protected against retroactive modification or revocation of a
technical advice memorandum involving a continuing action or a series of actions occurring
after the material facts on which the technical advice memorandum is based have changed.
Does not apply retroactively
under certain conditions
.06Generally, a technical advice memorandum that modifies or revokes a letter ruling or
another technical advice memorandum is not applied retroactively either to the taxpayer to
whom or for whom the letter ruling or technical advice memorandum was originally issued,
or to a taxpayer whose tax liability was directly involved in such letter ruling or technical
advice memorandum if—
(1) there has been no misstatement or omission of material facts;
(2) the facts at the time of the transaction are not materially different from the facts on
which the letter ruling or technical advice memorandum was based;
(3) there has been no change in the applicable law;
(4) in the case of a letter ruling, it was originally issued on a prospective or proposed
transaction; and
80Sec. 15.04

(5) the taxpayer directly involved in the letter ruling or technical advice memorandum
acted in good faith in relying on the letter ruling or technical advice memorandum, and the
retroactive modification or revocation would be to the taxpayer’s detriment. For example,
the tax liability of each shareholder is directly involved in a letter ruling or technical advice
memorandum on the reorganization of a corporation. However, the tax liability of a member
of an industry is not directly involved in a letter ruling or technical advice memorandum
issued to another member and, therefore, the holding in a modification or revocation of a
letter ruling or technical advice memorandum to one member of an industry may be
retroactively applied to other members of the industry. By the same reasoning, a tax
practitioner may not obtain the nonretroactive application to one client of a modification or
revocation of a letter ruling or technical advice memorandum previously issued to another
client.
When a letter ruling to a taxpayer or a technical advice memorandum involving a
taxpayer is modified or revoked with retroactive effect, the notice to the taxpayer, except in
fraud cases, sets forth the grounds on which the modification or revocation is being made
and the reason why the modification or revocation is being applied retroactively.
SECTION 17. HOW MAY
RETROACTIVE EFFECT BE
LIMITED?
Taxpayer may request that
retroactivity be limited
.01Under § 7805(b), the Associate Chief Counsel (Domestic), the Associate Chief
Counsel (Employee Benefits and Exempt Organizations), the Associate Chief Counsel
(Enforcement Litigation), or the Associate Chief Counsel (International), as the
Commissioner’s delegate, may prescribe the extent, if any, to which a technical advice
memorandum will be applied without retroactive effect.
A taxpayer for whom a technical advice memorandum was issued or for whom a
technical advice request is pending may request that the Associate Chief Counsel
(Domestic), the Associate Chief Counsel (Employee Benefits and Exempt Organizations),
the Associate Chief Counsel (Enforcement Litigation), or the Associate Chief Counsel
(International), as appropriate, limit the retroactive effect of any holding in the technical
advice memorandum or of any subsequent modification or revocation of the technical
advice memorandum.
When germane to a pending technical advice request, a taxpayer should request to limit
the retroactive effect of the holding of the technical advice memorandum early during the
consideration of the technical advice request by the national office. This § 7805(b) request
should be made initially as part of that pending technical advice request. The national
office, however, will consider a § 7805(b) request to limit the retroactive effect of the
holding if the request is made at a later time.
Form of request to limit
retroactivity — continuing
transaction before
examination of return
.02When a technical advice memorandum that concerns a continuing transaction is
modified or revoked by, for example, issuance of a subsequent revenue ruling, or temporary
or final regulation, a request to limit the retroactive effect of the modification or revocation
of the technical advice memorandum must be made in the form of a request for a letter
ruling if the request is submitted before an examination of the return that contains the
transaction that is the subject of the request for the letter ruling. The requirements for a
letter ruling request are given in sections 8 and 12.11 of Rev. Proc. 97–1.
Form of request to limit
retroactivity — in all other
cases
.03In all other cases during the course of an examination of a taxpayer’s return by the
district director or during consideration of the taxpayer’s return by the chief, appeals office
(including when the taxpayer is informed that the district director or the chief, appeals
office, will recommend that a technical advice memorandum, letter ruling, or determination
letter previously issued to, or with regard to, the taxpayer be modified or revoked), a
taxpayer’s request to limit retroactivity must be made in the form of a request for technical
advice.
The request must meet the general requirements of a technical advice request, which are
given in sections 6 through 8 of this revenue procedure. The request must also—
(1) state that it is being made under § 7805(b);
(2) state the relief sought;
81Sec. 17.03

(3) explain the reasons and arguments in support of the relief sought (including a
discussion of the five items listed in section 16.06 of this revenue procedure and any other
factors as they relate to the taxpayer’s particular situation); and
(4) include any documents bearing on the request.
The taxpayer’s request, including the statement that the request is being made under
§ 7805(b), must be submitted to the district director or the chief, appeals office, who must
then forward the request to the national office for consideration.
Taxpayer’s right to a
conference
.04When a request for technical advice concerns only the application of § 7805(b), the
taxpayer has the right to a conference in the national office in accordance with the
provisions of section 12 of this revenue procedure. In accordance with section 12.02 of this
revenue procedure, the examining officer or appeals officer will be offered the opportunity
to attend the conference on the § 7805(b) issue. Section 12.02 of this revenue procedure
also provides that other Service representatives are allowed to participate in the conference.
If the request for application of § 7805(b) is included in the request for technical advice
on the substantive issues or is made before the conference of right on the substantive issues,
the § 7805(b) issues will be discussed at the taxpayer’s one conference of right.
If the request for the application of § 7805(b) is made as part of a pending technical
advice request after a conference has been held on the substantive issues and the Service
determines that there is justification for having delayed the request, then the taxpayer will
have the right to one conference of right concerning the application of § 7805(b), with the
conference limited to discussion of this issue only.
SECTION 18. WHAT
SIGNIFICANT CHANGES HAVE
BEEN MADE TO REV. PROC.
96–2?
.01Section 5 is amended to conform to T.D. 8680, 1996–33 I.R.B. 5, which provides
temporary regulations relating to extensions of time for making certain elections under the
Code.
.02Section 9.01 is amended to clarify when the Service’s arguments are provided to the
taxpayer.
.03Sections 12.03 and 12.10 are amended to provide the new procedures for obtaining
an extension of the 21-day period for, respectively, holding a conference and submitting
additional information after the conference.
.04In the event of a tentatively adverse determination, section 12.07 is amended to
provide that the taxpayer may request, in writing, a delay of the conference in order to
prepare and submit a brief requesting relief under § 7805(b) and that the assistant chief
counsel of the office to which the case is assigned must approve such request for delaying
the conference.
.05Section 14.11(1) is amended to reflect the new language for the penalties of perjury
statement.
.06Sections 14.11(2) and (3) are amended to reflect the new procedures for obtaining an
extension of the 21-day period for submitting additional information.
.07Section 14.12 is amended to provide that a taxpayer generally is required to submit
one copy of the additional information to the national office but, in appropriate cases, the
national office may request additional copies of the information.
.08Section 15.01 is amended to conform with Delegation Order No. 247, which
delegates settlement authority to examination case managers in Coordinated Examination
Program cases for coordinated issues within the Industry Specialization Program and
International Field Assistance Specialization Program on which appeals has coordinated
issue papers containing settlement guidelines or positions.
.09Section 17.01 is amended to provide that when germane to a pending technical
advice request, a taxpayer should request the application of § 7805(b) relief early during
the consideration of the technical advice request by making the § 7805(b) request initially
as part of that pending technical advice request. The national office, however, will consider
a § 7805(b) request to limit the retroactive effect of the holding of the technical advice
memorandum if the request is made at a later time.
.10Old section 17.02 is combined with old sections 17.03 and 17.04 and, consequently,
is deleted.
82Sec. 17.03

SECTION 19. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
Rev. Proc. 96–2, 1996–1 C.B. 436, is superseded.
SECTION 20. WHAT IS THE
EFFECTIVE DATE OF THIS
REVENUE PROCEDURE?
This revenue procedure is effective February 1, 1997.
DRAFTING INFORMATIONThe principal author of this revenue procedure is Kathleen Reed of the Office of
Assistant Chief Counsel (Passthroughs and Special Industries). For further information
regarding this revenue procedure for matters under the jurisdiction of—
(1) the Associate Chief Counsel (Domestic) or the Associate Chief Counsel (Employee
Benefits and Exempt Organizations), contact Ms. Reed at (202) 622–3110 (not a toll-free
call);
(2) the Associate Chief Counsel (International), contact Gerard Traficanti at (202)
622–3830 (not a toll-free call);
(3) the Associate Chief Counsel (Enforcement Litigation), contact Alan C. Levine at
(202) 622–3610 (not a toll-free call);
(4) the Assistant Commissioner (Examination), contact Susan Blake at (202) 622–3664
(not a toll-free call); or
(5) the National Director of Appeals, contact Pam Robinson at (202) 401–4169 (not a
toll-free call).
83Sec. 20

INDEX
References are to sections in Rev. Proc. 97–2
Additional Information
- procedure for submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.05, 14.11,
14.12
after conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.10
- proposed deletions under § 6110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.02
Conferences
- offered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.02, 12.01
after conference of right. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.09
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.07, 10.04,
14.13
- scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
request to limit retroactivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.07, 17.04
telephone conferences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.11
Definitions
- national office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
- taxpayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
- technical advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Discussions with taxpayers
- technical advice memorandum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.02
- technical advice request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.09
Employee Plans and Exempt Organizations
- application of § 6104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.06
- jurisdiction of Assistant Commissioner (Employee Plans and Exempt Organizations) . . . . . . . . . . . . . . . . . 4.02
Extension of Time
- to appeal decision not to request technical advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.02
- to disagree with statement of facts in technical advice request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.03, 9.04
- to schedule conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.03, 12.04
- to submit additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.10, 14.11
Penalties of Perjury Statement
- form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.11(1)
- required with additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.10, 14.11
- signature requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.11(1)
Power of Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.05
Public Disclosure Under § 6110
- deletion statement required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.02, 9.07
exception when § 6104 applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.06
failure to submit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.05, 14.02
signature requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.02
- notice of intention to disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.14, 15.03
protesting deletions not made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.13, 15.04
Retroactive Effect
- in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.02–.06
on letter ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.06
- request to limit retroactivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
format of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.02, 17.03
scheduling conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.07, 17.04
Revenue Rulings
- effect on a continuing transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.04
request to limit retroactivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.02
Section 301.9100–1T Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Status of Technical Advice Request
- to district or appeals office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.02, 14.08,
14.10
- to taxpayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01, 14.09
Where to Send
- additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.10, 14.12
- technical advice request from appeals office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.03
- technical advice request from district office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.03
Withdrawal of Technical Advice Request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
84

26 CFR 601.201: Rulings and determination let-
ters.
Rev. Proc. 97–3
SECTION 1. PURPOSE AND
NATURE OF CHANGES
.01 The purpose of this revenue pro-
cedure is to update Rev. Proc. 96–3,
1996–1 C.B. 456, as amplified and
modified by subsequent revenue proce-
dures, by providing a revised list of
those areas of the Internal Revenue
Code under the jurisdiction of the Asso-
ciate Chief Counsel (Domestic) and the
Associate Chief Counsel (Employee
Benefits and Exempt Organizations) re-
lating to issues on which the Internal
Revenue Service will not issue advance
letter rulings or determination letters.
For a list of areas under the jurisdiction
of the Associate Chief Counsel (Interna-
tional) relating to international issues on
which the Service will not issue advance
letter rulings or determination letters,
see Rev. Proc. 97–7, this Bulletin. For a
list of areas under the jurisdiction of the
Assistant Commissioner (Employee
Plans and Exempt Organizations) relat-
ing to issues, plans or plan amendments
on which the Service will not issue
letter rulings and determination letters,
see, respectively, section 8 of Rev. Proc.
97–4, this Bulletin, and section 3.02 of
Rev. Proc. 97–6, this Bulletin.
.02 Changes
(1) Old section 3.01(15), dealing with
§ 274, has been updated to reference
Rev. Procs. 96–28, 1996–1 C.B. 686,
and 96–64, 1996–53 I.R.B. 52.
(2) Old section 3.01(23), dealing with
corporate business purpose under
§ 355(b), has been deleted.SeeRev.
Proc. 96–30, 1996–1 C.B. 696.
(3) Old sections 3.01(22) and
3.01(25), dealing with §§ 351 and
368(a)(1)(B), now include a sentence
emphasizing that these no-rule provi-
sions apply only to transactions involv-
ing the formation of a holding company.
(4) New section 3.01(23), dealing
with § 368, has been moved to section
3 from the section 5 under study area to
reflect the Service’s unwillingness to
rule on certain combining transactions.
SeeRev. Proc. 96–22, 1996–1 C.B. 662.
(5) Old sections 3.01(45) and
4.01(45), (46), and (47), dealing with
§ 7701, have been deleted to reflect the
new provisions under § 301.7701–1, –2,
and –3 of the regulations dealing with
partnerships.SeeT.D. 8697.
(6) New section 4.01(32), dealing
with § 355, has been added to reflect
the Service’s unwillingness, in general,
to rule where the gross assets of the
active businesses constitute less than 5
percent of the fair market value of the
corporation’s total gross assets.SeeRev.
Proc. 96–43, 1996–35 I.R.B. 6.
(7) Old section 5.05, dealing with
§ 104, has been deleted from the under
study no-rule area to indicate that the
Service will rule as to whether certain
amounts received are excludable from
gross income under § 104(a)(2) in situa-
tions affected byCommissioner v.
Schleier, 515 U.S.
(1995), 115
S.Ct. 2159.SeeRev. Rul. 96–65,
1996–53 I.R.B. 5.
(8) New section 5.05, dealing with
§§ 101, 761, and 7701, has been added
to the under study no-rule area to indi-
cate that, in certain situations where a
life insurance policy is transferred to an
unincorporated organization, the Service
will not issue rulings: (i) as to whether
the organization will be treated as a
partnership under §§ 761 and 7701; and
(ii) as to whether the transfer will be
exempt from the transfer-for-value rules
of § 101.SeeRev. Proc. 96–12, 1996–1
C.B. 616.
(9) New section 5.06, dealing with
§ 101, has been added to the under
study no-rule area to indicate that the
Service will not issue rulings as to
whether there has been a transfer for
value for purposes of § 101(a) in cer-
tain situations involving a grantor and a
trust. This no-rule area deals with cer-
tain aspects of transactions that fall
under the existing no-rule area under
section 5.21, dealing with § 671, and is
added to advise taxpayers of the Ser-
vice’s long standing ruling practice that
this § 671 no-rule area cannot be
avoided by rephrasing the question so as
to present it under § 101.
(10) New Section 5.09, dealing with
§ 115, has been added to the under
study no-rule area to indicate that the
Service will not issue rulings as to
certain questions regarding plans or ar-
rangements created by state statute for
paying post-secondary education costs.
SeeRev. Proc. 96–34, 1996–1 C.B. 721.
(11) New section 5.17, dealing with
§ 355, has been added to the under
study no-rule area to indicate that the
Service will not issue rulings where
there have been negotiations, agreements
or arrangements with respect to transac-
tions or events which, if treated as
consummated before the distribution,
would result in the distribution of stock
or securities of a corporation which is
not controlled by the distributing corpo-
ration (or, if stock is retained by the
distributing corporation, in a distribution
of an amount of stock not constituting
control).SeeRev. Proc. 96–39, 1996–33
I.R.B. 11.
(12) New section 5.20, dealing with
§ 457, has been added to the under
study no-rule area to indicate that the
Service will not issue rulings as to the
tax effect of provisions under the Small
Business Job Protection Act affecting
plans described in § 457. Excluded
from this no-rule area are rulings based
on prior law.SeeRev. Proc. 96–56,
1996–51 I.R.B. 11.
(13) Old section 6.01, dealing with
§ 442, has been revised by deleting a
reference to Rev. Proc. 92–85, 1992–2
C.B. 490, and replacing it with a refer-
ence to § 301.9100 of the temporary
Procedure and Administration Regula-
tions.
(14) Old section 6.02, dealing with
§ 446, has been revised to include
method of accounting changes for cer-
tain § 501(c) organizations complying
with the provisions of SFAS 116.See
Notice 96–30, 1996–1 C.B. 378. Also,
this section has been updated by delet-
ing references to Rev. Procs. 94–49,
1994–2 C.B. 705, 94–30, 1994–1 C.B.
621, 94–28, 1994–1 C.B. 61, 93–48,
1993–2 C.B. 580, and 91–49, 1991–2
C.B. 777.
SECTION 2. BACKGROUND AND
SCOPE OF APPLICATION
.01 Background
Whenever appropriate in the interest
of sound tax administration, it is the
policy of the Service to answer inquiries
of individuals and organizations regard-
ing their status for tax purposes and the
tax effects of their acts or transactions,
prior to the filing of returns or reports
that are required by the revenue laws.
There are, however, certain areas in
which, because of the inherently factual
nature of the problems involved, or for
other reasons, the Service will not issue
advance rulings or determination letters.
These areas are set forth in four sections
of this revenue procedure. Section 3
reflects those areas in which advance
rulings and determinations will not be
issued. Section 4 sets forth those areas
in which they will not ordinarily be
issued. ‘‘Not ordinarily’’ means that
unique and compelling reasons must be
demonstrated to justify the issuance of a
ruling or determination letter. Those sec-
tions reflect a number of specific ques-
85

tions and problems as well as general
areas. Section 5 lists specific areas for
which the Service is temporarily not
issuing advance rulings and determina-
tions because those matters are under
extensive study. Finally, section 6 of this
revenue procedure lists specific areas
where the Service will not ordinarily
issue advance rulings because the Ser-
vice has provided automatic approval
procedures for these matters.
See Rev. Proc. 97–1, page 11, this
Bulletin, particularly section 7 captioned
‘‘Under What Circumstances Does the
Service Have Discretion to Issue Letter
Rulings and Determination Letters?’’ for
general instructions and other situations
in which the Service will not or ordi-
narily will not issue letter rulings or
determination letters.
With respect to the items listed, rev-
enue rulings or revenue procedures may
be published in the Internal Revenue
Bulletin from time to time to provide
general guidelines regarding the position
of the Service.
Additions or deletions to this revenue
procedure as well as restatements of
items listed will be made by modifica-
tion of this revenue procedure. Changes
will be published as they occur through-
out the year and will be incorporated
annually in a new revenue procedure
published as the third revenue procedure
of the year. These lists should not be
considered all-inclusive. Decisions not
to rule on individual cases (as contrasted
with those that present significant pat-
tern issues) are not reported in this
revenue procedure and will not be added
to subsequent revisions.
.02 Scope of Application
This revenue procedure does not pre-
clude the submission of requests for
technical advice to the national office
from the Office of a District Director of
the Internal Revenue or a Chief, Appeals
Office.
SECTION 3. AREAS IN WHICH
RULINGS OR DETERMINATION
LETTERS WILL NOT BE ISSUED
.01 Specific questions and problems.
(1) Section 79.—Group-Term Life In-
surance Purchased for Employees.—
Whether a group insurance plan for 10
or more employees qualifies as group-
term insurance, if the amount of insur-
ance is not computed under a formula
that would meet the requirements of
§ 1.79–1(c)(2)(ii) of the Income Tax
Regulations if the group consisted of
fewer than 10 employees.
(2) Section 83.—Property Transferred
in Connection with Performance of Ser-
vices.—Whether a restriction constitutes
a substantial risk of forfeiture, if the
employee is a controlling shareholder.
Also, whether a transfer has occurred, if
the amount paid for the property in-
volves a nonrecourse obligation.
(3) Section 105(h).—Amount Paid to
Highly Compensated Individuals Under
Discriminatory Self-Insured Medical Ex-
pense Reimbursement Plan.—Whether,
following a determination that a self-
insured medical expense reimbursement
plan is discriminatory, that plan had
previously made reasonable efforts to
comply with tax anti-discrimination
rules.
(4) Section 117.—Qualified Scholar-
ships.—Whether an employer-related
scholarship or fellowship grant is ex-
cludible from the employee’s gross in-
come, if there is no intermediary private
foundation distributing the grants, as
there was in Rev. Proc. 76–47, 1976–2
C.B. 670.
(5) Section 119.—Meals or Lodging
Furnished for the Convenience of the
Employer.—Whether the value of meals
or lodging is excludible from gross
income by an employee who is a con-
trolling shareholder of the employer.
(6) Sections 121 and 1034.—One-
Time Exclusion of Gain from Sale of
Principal Residence by Individual Who
Has Attained Age 55; Rollover of Gain
on Sale of Principal Residence.—
Whether property qualifies as the tax-
payer’s principal residence.
(7) Section 125.—Cafeteria Plans.—
Whether amounts used to provide
group-term life insurance under § 79,
accident and health benefits under
§§ 105 and 106, and dependent care
assistance programs under § 129 are
includible in the gross income of partici-
pants and considered ‘‘wages’’ for pur-
poses of §§ 3401, 3121, and 3306 when
the benefits are offered through a cafete-
ria plan.
(8) Section 162.—Trade or Business
Expenses.—Whether compensation is
reasonable in amount.
(9) Section 163.—Interest.—The in-
come tax consequences of transactions
involving ‘‘shared appreciation mort-
gage’’ (SAM) loans in which a taxpayer,
borrowing money to purchase real prop-
erty, pays a fixed rate of interest on the
mortgage loan below the prevailing mar-
ket rate and will also pay the lender a
percentage of the appreciation in value
of the real property upon termination of
the mortgage. This applies to all SAM
arrangements where the loan proceeds
are used for commercial or business
activities, or where used to finance a
personal residence, if the facts are not
similar to those described in Rev. Rul.
83–51, 1983–1 C.B. 48. (Also §§ 61,
451, 461, 856, 1001, and 7701.)
(10) Section 170.—Charitable, Etc.,
Contributions and Gifts.—Whether a
taxpayer who advances funds to a chari-
table organization and receives therefor
a promissory note may deduct as contri-
butions, in one taxable year or in each
of several years, amounts forgiven by
the taxpayer in each of several years by
endorsement on the note.
(11) Section 213.—Medical, Dental,
Etc., Expenses.— Whether a capital ex-
penditure for an item that is ordinarily
used for personal, living, or family
purposes, such as a swimming pool, has
as its primary purpose the medical care
of the taxpayer or the taxpayer’s spouse
or dependent, or is related directly to
such medical care.
(12) Section264(b).—Certain
Amounts Paid in Connection with Insur-
ance Contracts.—Whether ‘‘substantially
all’’ the premiums of a contract of
insurance are paid within a period of 4
years from the date on which the con-
tract is purchased. Also, whether an
amount deposited is in payment of a
‘‘substantial number’’ of future premi-
ums on such a contract.
(13) Section 264(c)(1).—Certain
Amounts Paid in Connection with Insur-
ance Contracts.—Whether § 264(c)(1)
applies.
(14) Section 269.—Acquisitions
Made to Evade or Avoid Income Tax.—
Whether an acquisition is within the
meaning of § 269.
(15) Section 274.—Disallowance of
Certain Entertainment, Etc., Expenses.—
Whether a taxpayer who is traveling
away from home on business may, in
lieu of substantiating the actual cost of
meals, deduct a fixed per-day amount
for meal expenses that differs from the
amount prescribed in Rev. Proc. 89–67,
1989–2 C.B. 795 (prior to January 1,
1991), in Rev. Proc. 90–60, 1990–2
C.B. 651 (after December 31, 1990, and
prior to March 1, 1992), in Rev. Proc.
92–17, 1992–1 C.B. 679 (on or after
March 1, 1992, and prior to March 12,
1993), in Rev. Proc. 93–21, 1993–1
C.B. 529 (on or after March 12, 1993,
and prior to January 1, 1994), in Rev.
Proc. 93–50, 1993–2 C.B. 586 (on or
after January 1, 1994, and prior to
January 1, 1995), in Rev. Proc. 94–77,
1994–2 C.B. 825 (on or after January 1,
86

1995, and prior to April 1, 1996), in
Rev. Proc. 96–28, 1996–1 C.B. 686 (on
or after April 1, 1996, and prior to
January 1, 1997), or in Rev. Proc.
96–64, 1996–53 I.R.B. 52 (on or after
January 1, 1997).
(16) Section 302.—Distributions in
Redemption of Stock.— Whether
§ 302(b) applies when the consideration
given in redemption by a corporation
consists entirely or partly of its notes
payable, and the shareholder’s stock is
held in escrow or as security for pay-
ment of the notes with the possibility
that the stock may or will be returned to
the shareholder in the future, upon the
happening of specific defaults by the
corporation.
(17) Section 302.—Distributions in
Redemption of Stock.— Whether
§ 302(b) applies when the consideration
given in redemption by a corporation in
exchange for a shareholder’s stock con-
sists entirely or partly of the corpora-
tion’s promise to pay an amount based
on, or contingent on, future earnings of
the corporation, when the promise to
pay is contingent on working capital
being maintained at a certain level, or
any other similar contingency.
(18) Section 302.—Distributions in
Redemption of Stock.— Whether
§ 302(b) applies to a redemption of
stock, if after the redemption the distrib-
uting corporation uses property that is
owned by the shareholder from whom
the stock is redeemed and the payments
by the corporation for the use of the
property are dependent upon the corpo-
ration’s future earnings or are subordi-
nate to the claims of the corporation’s
general creditors. Payments for the use
of property will not be considered to be
dependent upon future earnings merely
because they are based on a fixed
percentage of receipts or sales.
(19) Section 302.—Distributions in
Redemption of Stock.— Whether the
acquisition or disposition of stock de-
scribed in § 302(c)(2)(B) has, or does
not have, as one of its principal pur-
poses the avoidance of federal income
taxes within the meaning of that section,
unless the facts and circumstances are
materially identical to those set forth in
Rev. Rul. 85–19, 1985–1 C.B. 94, Rev.
Rul. 79–67, 1979–1 C.B. 128, Rev. Rul.
77–293, 1977–2 C.B. 91, Rev. Rul.
57–387, 1957–2 C.B. 225, Rev. Rul.
56–584, 1956–2 C.B. 179, or Rev. Rul.
56–556, 1956–2 C.B. 177.
(20) Section 302(b)(4) and (e).—
Redemption from Noncorporate Share-
holder in Partial Liquidation; Partial
Liquidation Defined.—The amount of
working capital attributable to a busi-
ness or portion of a business terminated
that may be distributed in partial liqui-
dation.
(21) Section 312.—Effect on Earn-
ings and Profits.—The determination of
the amount of earnings and profits of a
corporation.
(22) Section 351.—Transfer to Cor-
poration Controlled by Transferor.—
Whether § 351 applies to an exchange
of stock for stock in the formation of a
holding company, and whether the tax-
payer is subject to the consequences of
qualification under that section (such as
nonrecognition and basis consequences)
that are adequately addressed by a stat-
ute, regulation, decision of the Supreme
Court, tax treaty, revenue ruling, rev-
enue procedure, notice, or other author-
ity published in the Internal Revenue
Bulletin. Transfers that do not involve
the formation of a holding company are
not subject to this provision.
For purposes of this provision, if such
an exchange qualifies under both § 351
and another corporate restructuring pro-
vision and the other provision is not
covered by this revenue procedure, the
Service will treat any request for a
qualification ruling under the other pro-
vision as a request for a qualification
ruling under § 351. A taxpayer or the
taxpayer’s representative (as the Service
deems appropriate) seeking a qualifica-
tion ruling for such an exchange under
any such other provision must, accord-
ingly, state to the best of knowledge and
belief that the exchange does not qualify
under § 351.
The Service will not rule on the
qualification of an exchange of stock
under § 351, even if it is an integral
part of a larger transaction that involves
other issues upon which the Service will
rule and it is impossible to determine
the tax consequences of the larger trans-
action without making a determination
with regard to the exchange of stock.
However, in such event, the Service will
rule on the tax consequences of the
larger transaction, provided the taxpayer
or the taxpayer’s representative (as the
Service deems appropriate) states to the
best of knowledge and belief that the
exchange will (or will not) qualify under
§ 351. If the Service issues a ruling on
the larger transaction, the ruling will
state that no opinion is expressed as to
whether or not the exchange qualifies
under § 351.
SUBISSUES: Additionally, the Ser-
vice will have the discretion to rule on
significant subissues that must be re-
solved to determine whether a transac-
tion that is in this no-rule area qualifies
under § 351. However, the Service will
only rule on these subissues if in the
view of the Service they are significant
and not clearly and adequately ad-
dressed by a statute, regulation, decision
of the Supreme Court, tax treaty, rev-
enue ruling, revenue procedure, notice,
or other authority published in the Inter-
nal Revenue Bulletin.
To obtain a ruling on a subissue, the
taxpayer must explain the significance
of the subissue, set forth the authorities
most closely related to the subissue, and
explain why the subissue is not resolved
by the authorities. The Service will
require the taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) to state to the best of
knowledge and belief that the transac-
tion will (or will not) qualify under
§ 351 if the Service rules as the tax-
payer proposes on the subissue.
A taxpayer may seek a presubmission
conference to determine whether a rul-
ing on the subissue can be obtained
under this section.Seesection 11.07 of
Rev. Proc. 97–1. If the Service issues a
ruling on a subissue, the ruling will state
that no opinion is expressed as to
whether the transaction in question
qualifies under § 351.
COLLATERAL ISSUES: Although
the Service will not rule on the conse-
quences of qualification of an exchange
of stock for stock in the formation of a
holding company under § 351 if the
consequences are adequately addressed
by a statute, regulation, decision of the
Supreme Court, tax treaty, revenue rul-
ing, revenue procedure, notice, or other
authority published in the Internal Rev-
enue Bulletin, it will rule where the
consequences of qualification are not
adequately addressed by these authori-
ties. To obtain a ruling on a collateral
issue, the taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) must state to the best of
knowledge and belief that the exchange
qualifies under § 351, set forth the
authorities most closely related to the
collateral issue, and explain why the
collateral issue is not resolved by these
authorities. If the Service issues a ruling
on a collateral issue, the ruling will state
that no opinion is expressed as to
whether the exchange in question quali-
fies under § 351.
The Service will also continue to rule
on issues that arise in connection with
an exchange of stock for stock in the
87

formation of a holding company but do
not depend upon or affect qualification
under § 351.
(23) Section 368.—Definitions Relat-
ing to Corporate Reorganizations.—The
tax consequences under § 368 or other
provisions of the Code with respect to a
transaction in which one corporation
owns stock in a second corporation, the
first corporation is not an ‘‘80-percent
distributee’’ of the second corporation
under § 337(c), and the two corpora-
tions are combined.
(24) Section 368(a)(1)(A).—Defini-
tions Relating to Corporate Reorganiza-
tions.—Whether a transaction constitutes
a corporate reorganization within the
meaning of § 368(a)(1)(A), including a
transaction that qualifies under
§ 368(a)(1)(A) by reason of § 368(a)-
(2)(D) or § 368(a)(2)(E), and whether
the taxpayer is subject to the conse-
quences of qualification under that sec-
tion (such as nonrecognition and basis
consequences) that are adequately ad-
dressed by a statute, regulation, decision
of the Supreme Court, tax treaty, rev-
enue ruling, revenue procedure, notice,
or other authority published in the Inter-
nal Revenue Bulletin.
For purposes of this provision, if a
transaction qualifies under both
§ 368(a)(1)(A) and another corporate
restructuring provision and the other
provision is not covered by this revenue
procedure, the Service will treat any
request for a qualification ruling under
the other provision as a request for a
qualification ruling under § 368(a)-
(1)(A). A taxpayer or the taxpayer’s
representative (as the Service deems ap-
propriate) seeking a qualification ruling
under any such other provision must,
accordingly, state to the best of knowl-
edge and belief that the transaction does
not qualify under § 368(a)(1)(A). The
Service will continue to rule on transac-
tions that qualify under § 368(a)(1)(G),
even if they are also defined in
§ 368(a)(1)(A).
The Service will not rule on the
qualification of a reorganization under
§ 368(a)(1)(A), even if it is an integral
part of a larger transaction that involves
other issues upon which the Service will
rule and it is impossible to determine
the tax consequences of the larger trans-
action without determining the tax con-
sequences of the reorganization. How-
ever, in such event, the Service will rule
on the tax consequences of the larger
transaction, provided the taxpayer or the
taxpayer’s representative (as the Service
deems appropriate) states to the best of
knowledge and belief that the reorgani-
zation will (or will not) qualify under
§ 368(a)(1)(A). If the Service issues a
ruling on the larger transaction, the
ruling will state that no opinion is
expressed as to whether or not the
reorganization qualifies under § 368(a)-
(1)(A). For example, the Service will
not rule on whether a transaction consti-
tutes a corporate reorganization within
the meaning of § 368(a)(1)(A), even if
the larger transaction also involves the
issue of whether a prior distribution of
stock in a subsidiary containing assets
unwanted by the acquiring corporation
qualifies under § 355. See Rev. Rul.
78–251, 1978–1 C.B. 89. However, in
such event, if the taxpayer or the tax-
payer’s representative (as the Service
deems appropriate) states to the best of
knowledge and belief that the merger
qualifies under § 368(a)(1)(A), the Ser-
vice will rule as to whether the prior
stock distribution qualifies under § 355.
Such ruling will state that no opinion is
expressed as to whether or not the
reorganization qualifies under § 368(a)-
(1)(A).
SUBISSUES: Additionally, the Ser-
vice will have the discretion to rule on
significant subissues that must be re-
solved to determine whether the transac-
tion qualifies under § 368(a)(1)(A) (in-
cluding transactions qualifying by
reason of § 368(a)(2)(D) or § 368(a)-
(2)(E)). However, the Service will only
rule on such subissues if in the view of
the Service they are significant and not
clearly and adequately addressed by a
statute, regulation, decision of the Su-
preme Court, tax treaty, revenue ruling,
revenue procedure, notice, or other au-
thority published in the Internal Rev-
enue Bulletin. To obtain a ruling on
such a subissue, the taxpayer must ex-
plain the significance of the subissue,
set forth the authorities most closely
related to the subissue, and explain why
the subissue is not resolved by these
authorities. The taxpayer or the taxpay-
er’s representative (as the Service deems
appropriate) will also be required to
state to the best of knowledge and belief
that the transaction will (or will not)
qualify under § 368(a)(1)(A), if the Ser-
vice rules as the taxpayer proposes on
the subissue.
A taxpayer may seek a presubmission
conference to determine whether a rul-
ing on the subissue can be obtained
under this section.Seesection 11.07,
Rev. Proc. 97–1. If the Service issues a
ruling on a subissue, the ruling will state
that no opinion is expressed as to
whether the transaction in question
qualifies under § 368(a)(1)(A).
COLLATERAL ISSUES: Although
the Service will not rule on the conse-
quences of qualification as a reorganiza-
tion under § 368(a)(1)(A) if the conse-
quences are adequately addressed by a
statute, regulation, decision of the Su-
preme Court, tax treaty, revenue ruling,
revenue procedure, notice, or other au-
thority published in the Internal Rev-
enue Bulletin, it will rule where the
consequences of qualification are not
adequately addressed by these authori-
ties. For example, the Service will issue
a § 381(c)(4) ruling in connection with
a § 368(a)(1)(A) reorganization. To ob-
tain a ruling on a collateral issue, the
taxpayer or the taxpayer’s representative
(as the Service deems appropriate) must
state to the best of knowledge and belief
that the transaction qualifies under
§ 368(a)(1)(A), set forth the authorities
most closely related to the collateral
issue, and explain why the collateral
issue is not resolved by these authori-
ties. If the Service issues a ruling on a
collateral issue, the ruling will state that
no opinion is expressed as to whether
the transaction in question qualifies un-
der § 368(a)(1)(A).
The Service will also continue to rule
on issues that arise in connection with a
transaction under § 368(a)(1)(A) but do
not depend upon or affect qualification
under § 368(a)(1)(A).
(25) Section 368(a)(1)(B).—Defini-
tions Relating to Corporate Reorganiza-
tions.—Whether the acquisition of stock
in the formation of a holding company
constitutes a corporate reorganization
within the meaning of § 368(a)(1)(B),
and whether the taxpayer is subject to
the consequence of qualification under
that section (such as nonrecognition and
basis consequences) that are adequately
addressed by a statute, regulation, deci-
sion of the Supreme Court, tax treaty,
revenue ruling, revenue procedure, no-
tice, or other authority published in the
Internal Revenue Bulletin. Acquisitions
of stock that do not involve the forma-
tion of a holding company are not
subject to this provision.
For purposes of this provision, if such
an acquisition of stock qualifies under
both § 368(a)(1)(B) and another corpo-
rate restructuring provision, and the
other provision is not covered by this
revenue procedure, the Service will treat
any request for a qualification ruling
under the other provision as a request
for a qualification ruling under § 368-
(a)(1)(B). A taxpayer or the taxpayer’s
88

representative (as the Service deems
appropriate) seeking a qualification rul-
ing for such an acquisition under any
such other provision must, accordingly,
state to the best of knowledge and belief
that the acquisition does not qualify
under § 368(a)(1)(B).
The Service will not rule on the
qualification of an acquisition of stock
under § 368(a)(1)(B), even if it is an
integral part of a larger transaction that
involves other issues upon which the
Service will rule and it is impossible to
determine the tax consequences of the
larger transaction without determining
the tax consequences of the acquisition.
However, in such event, the Service will
rule on the tax consequences of the
larger transaction, provided the taxpayer
or the taxpayer’s representative (as the
Service deems appropriate) states to the
best of knowledge and belief that the
acquisition will (or will not) qualify
under § 368(a)(1)(B). If the Service
issues a ruling on the larger transaction,
the ruling will state that no opinion is
expressed as to whether or not the
acquisition qualifies under § 368(a)-
(1)(B).
SUBISSUES: Additionally, the Ser-
vice will have the discretion to rule on
significant subissues that must be re-
solved to determine whether a transac-
tion that is in this no-rule area qualifies
under § 368(a)(1)(B). However, the Ser-
vice will only rule on these subissues if
in the view of the Service they are
significant and not clearly and ad-
equately addressed by a statute, regula-
tion, decision of the Supreme Court, tax
treaty, revenue ruling, revenue proce-
dure, notice, or other authority published
in the Internal Revenue Bulletin. To
obtain a ruling on a subissue, the tax-
payer must explain the significance of
the subissue, set forth the authorities
most closely related to the subissue, and
explain why the subissue is not resolved
by these authorities. The Service will
require the taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) to state to the best of
knowledge and belief that the acquisi-
tion will (or will not) qualify under
§ 368(a)(1)(B), if the Service rules as
the taxpayer proposes on the subissue.
A taxpayer may seek a presubmission
conference to determine whether a rul-
ing on the subissue can be obtained
under this section.Seesection 11.07,
Rev. Proc. 97–1. If the Service issues a
ruling on a subissue, the ruling will state
that no opinion is expressed on whether
the acquisition in question qualifies un-
der § 368(a)(1)(B).
COLLATERAL ISSUES: Although
the Service will not rule on the conse-
quence of qualification of an acquisition
of stock in the formation of a holding
company under § 368(a)(1)(B) if the
consequences are adequately addressed
by a statute, regulation, decision of the
Supreme Court, tax treaty, revenue rul-
ing, revenue procedure, notice, or other
authority published in the Internal Rev-
enue Bulletin, it will rule where the
consequences of qualification are not
adequately addressed by these authori-
ties. To obtain a ruling on a collateral
issue, the taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) must state to the best of
knowledge and belief that the acquisi-
tion qualifies under § 368(a)(1)(B), set
forth the authorities most closely related
to the collateral issue, and explain why
the collateral issue is not resolved by
these authorities. If the Service issues a
ruling on a collateral issue, the ruling
will state that no opinion is expressed as
to whether the acquisition in question
qualifies under § 368(a)(1)(B).
The Service will also continue to rule
on issues that arise in connection with
an acquisition of stock in the formation
of a holding company but do not depend
upon or affect qualification under
§ 368(a)(1)(B).
(26) Section 368(a)(1)(B).—Defini-
tions Relating to Corporate Reorganiza-
tions.—The acceptability of an estima-
tion procedure or the acceptability of a
specific sampling procedure to deter-
mine the basis of stock acquired by an
acquiring corporation in a reorganization
described in § 368(a)(1)(B).
(27) Section 368(a)(1)(E).—Defini-
tions Relating to Corporate Reorganiza-
tions.—Whether a transaction constitutes
a corporate recapitalization within the
meaning of § 368(a)(1)(E) (or a transac-
tion that also qualifies under § 1036)
when either (i) the transaction involves
a closely held corporation or (ii) the
issues involved are substantially similar
to those described in the following rev-
enue rulings:
Rev. Rul. 82–34, 1982–1 C.B. 59
(continuity of business enterprise);
Rev. Rul. 77–479, 1977–2 C.B. 119
(continuity of shareholder interest);
Rev. Rul. 77–238, 1977–2 C.B. 115
(conversion of shares of one class of
stock into shares of another class, as
permitted by certificate of incorpora-
tion);
Rev. Rul. 74–269, 1974–1 C.B. 87
(major shareholder’s exchange of com-
mon stock for preferred stock);
Rev. Rul. 56–654, 1956–2 C.B. 216
(corporate charter amended to provide
preferred stock with increased redemp-
tion and liquidation value, where com-
mon and preferred stock held pro rata);
Rev. Rul. 55–112, 1955–1 C.B. 344
(common stock exchanged for preferred
stock); and
Rev. Rul. 54–482, 1954–2 C.B. 148
(old common stock exchanged for new
common stock).
The above no-ruling area does not
apply, however, to any corporate recapi-
talization that is an integral part of a
larger transaction, if it is impossible to
determine the tax consequences of the
larger transaction without making a de-
termination with regard to the recapital-
ization.
(28) Section 368(a)(1)(F).—Defini-
tions Relating to Corporate Reorganiza-
tions.—Whether a transaction constitutes
a reorganization within the meaning of
§ 368(a)(1)(F), and whether the tax-
payer is subject to the consequences of
qualification under that section (such as
nonrecognition and basis consequences)
that are adequately addressed by a stat-
ute, regulation, decision of the Supreme
Court, tax treaty, revenue ruling, rev-
enue procedure, notice, or other author-
ity published in the Internal Revenue
Bulletin.
For purposes of this provision, if a
transaction qualifies under both
§ 368(a)(1)(F) and another corporate re-
structuring provision, and the other pro-
vision is not covered by this revenue
procedure, the Service will treat any
request for a qualification ruling under
the other provision as a request for a
qualification ruling under § 368(a)-
(1)(F). A taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) seeking a qualification rul-
ing under any such other provision
must, accordingly, state to the best of
knowledge and belief that the transac-
tion does not qualify under § 368(a)-
(1)(F).
The Service will not rule on the
qualification of a reorganization under
§ 368(a)(1)(F), even if it is an integral
part of a larger transaction that involves
other issues upon which the Service will
rule and it is impossible to determine
the tax consequences of the larger trans-
action without determining the tax con-
sequences of the reorganization. How-
ever, in such event, the Service will rule
on the tax consequences of the larger
89

transaction, provided the taxpayer or the
taxpayer’s representative (as the Service
deems appropriate) states to the best of
knowledge and belief that the reorgani-
zation will (or will not) qualify under
§ 368(a)(1)(F). If the Service issues a
ruling on the larger transaction, the
ruling will state that no opinion is
expressed as to whether or not the
reorganization qualifies under § 368(a)-
(1)(F).
SUBISSUES: Additionally, the Ser-
vice will have the discretion to rule on
significant subissues that must be re-
solved to determine whether a transac-
tion that is in this no-rule area qualifies
under § 368(a)(1)(F). However, the Ser-
vice will only rule on such subissues if
in the view of the Service they are
significant and not clearly and ad-
equately addressed by a statute, regula-
tion, decision of the Supreme Court, tax
treaty, revenue ruling, revenue proce-
dure, notice, or other authority published
in the Internal Revenue Bulletin. To
obtain a ruling on such a subissue, the
taxpayer must explain the significance
of the subissue, set forth the authorities
most closely related to the subissue, and
explain why the subissue is not resolved
by these authorities. The Service will
require the taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) to state to the best of
knowledge and belief that the transac-
tion will (or will not) qualify under
§ 368(a)(1)(F), if the Service rules as
the taxpayer proposes on the subissue.
A taxpayer may seek a presubmission
conference to determine whether a rul-
ing on the subissue can be obtained
under this section.Seesection 11.07,
Rev. Proc. 97–1. If the Service issues a
ruling on a subissue, the ruling will state
that no opinion is expressed on whether
the transaction in question qualifies un-
der § 368(a)(1)(F).
COLLATERAL ISSUES: Although
the Service will not rule on the conse-
quences of qualification as a reorganiza-
tion under § 368(a)(1)(F) if the conse-
quences are adequately addressed by a
statute, regulation, decision of the Su-
preme Court, tax treaty, revenue ruling,
revenue procedure, notice, or other au-
thority published in the Internal Rev-
enue Bulletin, it will rule where the
consequences of qualification are not
adequately addressed by these authori-
ties. To obtain a ruling on a collateral
issue, the taxpayer or the taxpayer’s
representative (as the Service deems
appropriate) must state to the best of
knowledge and belief that the transac-
tion qualifies under § 368(a)(1)(F), set
forth the authorities most closely related
to the collateral issue and explain why
the collateral issue is not resolved by
these authorities. If the Service issues a
ruling on a collateral issue, the ruling
will state that no opinion is expressed as
to whether the transaction in question
qualifies under § 368(a)(1)(F).
The Service will also continue to rule
on issues that arise in connection with a
transaction under § 368(a)(1)(F) but do
not depend upon or affect qualification
under § 368(a)(1)(F).
(29) Section 425.—Substitution or
Assumption of Incentive Stock Op-
tions.—Whether the substitution of a
new Incentive Stock Option (‘‘ISO’’) for
an old ISO, or the assumption of an old
ISO, by an employer by reason of a
corporate transaction constitutes a modi-
fication which results in the issuance of
a new option by reason of failing to
satisfy the spread test requirement of
§ 425(a)(1) or the ratio test requirement
of § 1.425–1(a)(4). The Service will
continue to rule on the issue of whether
the new ISO or the assumption of the
old ISO gives the employee additional
benefits not present under the old option
within the meaning of § 425(a)(2).
(30) Section 451.—General Rule for
Taxable Year of Inclusion.—The tax
consequences of a non-qualified un-
funded deferred-compensation arrange-
ment with respect to a controlling
shareholder-employee eligible to partici-
pate in the arrangement.
(31) Section 451.—General Rule for
Taxable Year of Inclusion.—The tax
consequences of unfunded deferred-
compensation arrangements where the
arrangements fail to meet the require-
ments of Rev. Proc. 92–65, 1992–2 C.B.
428, and Rev. Proc. 71–19, 1971–1 C.B.
698.
(32) Sections 451 and 457.—General
Rule for Taxable Year of Inclusion;
Deferred Compensation Plans of State
and Local Governments and Tax-Exempt
Organizations.—The tax consequences
to unidentified independent contractors
in nonqualified unfunded deferred-
compensation plans. This applies to
plans established under § 451 by em-
ployers in the private sector and to plans
of state and local governments and
tax-exempt organizations under § 457.
However, a ruling with respect to a
specific independent contractor’s partici-
pation in such a plan may be issued.
(33) Section 641.—Imposition of
Tax.—Whether the period of administra-
tion or settlement of an estate or a trust
(other than a trust described in § 664) is
reasonable or unduly prolonged.
(34) Section 642(c).—Deduction for
Amounts Paid or Permanently Set Aside
for a Charitable Purpose.—Allowance of
an unlimited deduction for amounts set
aside by a trust or estate for charitable
purposes when there is a possibility that
the corpus of the trust or estate may be
invaded.
(35) Section 664.—Charitable Re-
mainder Trusts.—Whether the settlement
of a charitable remainder trust upon the
termination of the noncharitable interest
is made within a reasonable period of
time.
(36) Section 704(e).—Family Partner-
ships.—Matters relating to the validity
of a family partnership when capital is
not a material income producing factor.
(37) Section 856.—Definition of Real
Estate Investment Trust.—Whether a
corporation whose stock is ‘‘paired’’
with or ‘‘stapled’’ to stock of another
corporation will qualify as a real estate
investment trust under § 856, if the
activities of the corporations are inte-
grated.
(38) Section 1034.—See section
3.01(6), above.
(39) Section 1221.—Capital Asset
Defined.—Whether specialty stock allo-
cated to an investment account by a
registered specialist on a national securi-
ties exchange is a capital asset.
(40) Section 1551.—Disallowance of
the Benefits of the Graduated Corporate
Rates and Accumulated Earnings
Credit.— Whether a transfer is within
§ 1551.
(41) Section 2031.—Definition of
Gross Estate.—Actuarial factors for
valuing interests in the prospective gross
estate of a living person.
(42) Section 2512.—Valuation of
Gifts.—Actuarial factors for valuing
prospective or hypothetical gifts of a
donor.
(43) Sections 3121, 3306, and
3401.—Definitions.—For purposes of
determining prospective employment
status, whether an individual will be an
employee or an independent contractor.
A ruling with regard to prior employ-
ment status may be issued.
(44) Section 4980B.—Failure to Sat-
isfy Continuation Coverage Require-
ments of Group Health Plans.—Whether
an action is ‘‘gross misconduct’’ within
the meaning of § 4980B(f)(3)(B). (See
section 3.05 of Rev. Proc. 87–28,
1987–1 C.B. 770, 771.)
(45) Section 7701.—Definitions.—
The classification of an instrument that
90

has certain voting and liquidations rights
in an issuing corporation but whose
dividend rights are determined by refer-
ence to the earnings of a segregated
portion of the issuing corporation’s as-
sets, including assets held by a subsid-
iary.
.02 General Areas.
(1) The results of transactions that
lack a bona fide business purpose or
have as their principal purpose the re-
duction of federal taxes.
(2) A matter upon which a court
decision adverse to the Government has
been handed down and the question of
following the decision or litigating fur-
ther has not yet been resolved.
(3) A matter involving alternate plans
of proposed transactions or involving
hypothetical situations.
(4) A matter involving the federal tax
consequences of any proposed federal,
state, local or municipal legislation. The
Service may provide general information
in response to an inquiry.
(5) Whether under Subtitle F (Proce-
dure and Administration) reasonable
cause, due diligence, good faith, clear
and convincing evidence, or other simi-
lar terms that require a factual determi-
nation exist.
(6) Whether a proposed transaction
would subject the taxpayer to a criminal
penalty.
(7) A request that does not comply
with the provisions of Rev. Proc. 97–1.
(8) Whether, under the common law
rules applicable in determining the
employer-employee relationship, a pro-
fessional staffing corporation (loan-out
corporation) or the subscriber is the
employer of individuals, if:
(i) the loan-out corporation hires em-
ployees of the subscriber and assigns the
employees back to the subscriber, or
(ii) the loan-out corporation assigns
individuals to subscribers for more than
a temporary period (1 year or longer).
SECTION 4. AREAS IN WHICH
RULINGS OR DETERMINATION
LETTERS WILL NOT ORDINARILY BE
ISSUED
.01 Specific questions and problems.
(1) Sections 38, 39, 46, and 48.—
General Business Credit; Carryback and
Carryforward of Unused Credits;
Amount of Credit; Energy Credit; Refor-
estation Credit.—Application of these
sections where the formal ownership of
property is in a party other than the
taxpayer, except when title is held
merely as security.
(2) Section 61.—Gross Income De-
fined.—Determination as to who is the
true owner of property in cases involv-
ing the sale of securities, or participation
interests therein, where the purchaser
has the contractual right to cause the
securities, or participation interests
therein, to be purchased by either the
seller or a third party.
(3) Sections 61 and 163.—Gross In-
come Defined; Interest.— Determina-
tions as to who is the true owner of
property or the true borrower of money
in cases in which the formal ownership
of the property, or the liability for the
indebtedness, is in another party.
(4) Section 103.—Interest on State
and Local Bonds.— Whether the interest
on state or local bonds will be exclud-
ible from gross income under § 103(a),
if the proceeds of issues of bonds (other
than advance refunding issues) are
placed in escrow or otherwise not ex-
pended for a governmental purpose for
an extended period of time even though
the proceeds are invested at a yield that
will not exceed the yield on the state or
local bonds prior to their expenditure.
(5) Section 103.—Interest on State
and Local Bonds.— Whether a state or
local governmental obligation that does
not meet the criteria of section 5 of Rev.
Proc. 89–5, 1989–1 C.B. 774, is an
‘‘arbitrage bond’’ within the meaning of
former § 103(c)(2) solely by reason of
the investment of the bond proceeds in
acquired nonpurpose obligations at a
materially higher yield more than 3
years after issuance of the bonds or 5
years after issuance of the bonds in the
case of construction issues described in
§ 1.103–13(a)(2)(ii)(E).
(6) Section 141.—Private Activity
Bond; Qualified Bond.— With respect
to requests made pursuant to Rev. Proc.
88–33, 1988–1 C.B. 835, whether state
or local bonds will meet the ‘‘private
business use test’’ and the ‘‘private
security or payment test’’ under
§ 141(b)(1) and (2) in situations in
which the proceeds are used to finance
certain output facilities and, pursuant to
a contract to take, or take or pay for, a
nongovernmental person purchases 30
percent or more of the actual output of
the facility but 10 percent or less of the
subparagraph (5) output of the facility
as defined in § 1.103–7(b)(5)(ii)(b) (is-
sued under former § 103(b)). In similar
situations, the Service will not ordinarily
issue rulings or determination letters
concerning questions arising under para-
graphs (3), (4), and (5) of § 141(b).
(7) Sections 142 and 144.—Exempt
Facility Bond; Qualified Small Issue
Bond.—Whether an issue of private ac-
tivity bonds meets the requirements of
§ 142 or § 144(a), if the sum of—
(i) the portion of the proceeds used to
finance a facility in which an owner
(or a related person) or a lessee (or a
related person) is a user of the facility
both after the bonds are issued and at
any time before the bonds were is-
sued, and
(ii) the portion used to pay issuance
costs and non-qualified costs, equals
more than 5 percent of the net pro-
ceeds, as defined in § 150(a)(3).
(8) Section 148.—Arbitrage.—
Whether amounts received as proceeds
from the sale of municipal bond fi-
nanced property and pledged to the
payment of debt service or pledged as
collateral for the municipal bond issue
are sinking fund proceeds within the
meaning of § 1.103–13(g) (issued under
former § 103(c)) or replaced proceeds
described in § 148(a)(2) (or former
§ 103(c)(2)(B)).
(9) Section 162.—Trade or Business
Expenses.—Whether the requisite risk
shifting and risk distribution necessary
to constitute insurance are present for
purposes of determining the deductibil-
ity under § 162 of amounts paid (premi-
ums) by a taxpayer for insurance, unless
the facts of the transaction are within
the scope of Rev. Rul. 78–338, 1978–2
C.B. 107, or Rev. Rul. 77–316, 1977–2
C.B. 53.
(10) Sections 162 and 262.—Trade or
Business Expenses; Personal, Living,
and Family Expenses.—Whether ex-
penses are nondeductible commuting ex-
penses, except for situations governed
by Rev. Rul. 90–23, 1990–1 C.B. 28.
(11) Section 163.—See section
4.01(3), above.
(12) Section 167.—Depreciation.
(i) Useful lives of assets.
(ii) Depreciation rates.
(iii) Salvage value of assets.
(13) Sections 167 and 168.—Depre-
ciation; Accelerated Cost Recovery Sys-
tem.—Application of those sections
where the formal ownership of property
is in a party other than the taxpayer
except when title is held merely as
security.
(14) Section 170.—Charitable, Etc.,
Contributions and Gifts.—Whether a
transfer to a pooled income fund de-
scribed in § 642(c)(5) qualifies for a
charitable contribution deduction under
§ 170(f)(2)(A).
91

(15) Section 170(c).—Charitable,
Etc., Contributions and Gifts.—Whether
a taxpayer who transfers property to a
charitable organization and thereafter
leases back all or a portion of the
transferred property may deduct the fair
market value of the property transferred
and leased back as a charitable contribu-
tion.
(16) Section 170.—Charitable, Etc.,
Contributions and Gifts.—Whether a
transfer to a charitable remainder trust
described in § 664 that provides for
annuity or unitrust payments for one or
two measuring lives qualifies for a
charitabledeductionunder
§ 170(f)(2)(A).
(17) Section 216.—Deduction of
Taxes, Interest, and Business Deprecia-
tion by Cooperative Housing Corpora-
tion Tenant-Stockholder.—If a coopera-
tive housing corporation (CHC), as
defined in § 216(b)(1), transfers an in-
terest in real property to a corporation
(not a CHC) in exchange for stock or
securities of the transferee corporation,
which engages in commercial activity
with respect to the real property interest
transferred, whether (i) the income of
the transferee corporation derived from
the commercial activity, and (ii) any
cash or property (attributable to the real
property interest transferred) distributed
by the transferee corporation to the
CHC will be considered as gross income
of the CHC for the purpose of determin-
ing whether 80 percent or more of the
gross income of the CHC is derived
from tenant-stockholders within the
meaning of § 216(b)(1)(D).
(18) Section 262.—See section
4.01(10), above.
(19) Section 265(a)(2).—Expenses
and Interest Relating to Tax-Exempt
Income.—Whether indebtedness is in-
curred or continued to purchase or carry
obligations the interest on which is
wholly exempt from the taxes imposed
by subtitle A.
(20) Section 302.—Distributions in
Redemption of Stock.— The tax effect
of the redemption of stock for notes,
when the payments on the notes are to
be made over a period in excess of 15
years from the date of issuance of such
notes.
(21) Section 302(b)(4) and (e).—
Redemption from Noncorporate Share-
holder in Partial Liquidation; Partial
Liquidation Defined.—Whether a distri-
bution will qualify as a distribution in
partial liquidation under § 302(b)(4) and
(e)(1)(A), unless it results in a 20 per-
cent or greater reduction in (i) gross
revenue, (ii) net fair market value of
assets, and (iii) employees. (Partial liq-
uidations that qualify as § 302(e)(2)
business terminations are not subject to
this provision.)
(22) Sections 302(b)(4) and (e), 331,
332, and § 346(a).— Effects on Recipi-
ents of Distributions in Corporate Liqui-
dations.—The tax effect of the liquida-
tion of a corporation preceded or
followed by the reincorporation of all or
a part of the business and assets when
more than a nominal amount of the
stock (that is, more than 20 percent in
value) of both the liquidating corpora-
tion and the transferee corporation is
owned by the same shareholders; or
when a liquidation is followed by the
sale of the corporate assets by the
shareholders to another corporation in
which such shareholders own more than
a nominal amount of the stock (that is,
more than 20 percent in value).
(23) Section 306.—Dispositions of
Certain Stock.—Whether the distribution
or disposition or redemption of ‘‘section
306 stock’’ in a closely held corporation
is in pursuance of a plan having as one
of its principal purposes the avoidance
of federal income taxes within the
meaning of § 306(b)(4).
(24) Sections 331 and 332.—See sec-
tion 4.01(22), above.
(25) Sections 331 and 346(a).—Gain
or Loss to Shareholders in Corporate
Liquidations.—The tax effect of the liq-
uidation of a corporation by a series of
distributions, when the distributions in
liquidation are to be made over a period
in excess of 3 years from the adoption
of the plan of liquidation.
(26) Section 341.—Collapsible Cor-
porations.—Whether a corporation will
be considered to be a ‘‘collapsible cor-
poration,’’ that is, whether it was
‘‘formed or availed of’’ with the view of
certain tax consequences. However, rul-
ing requests will be considered on this
matter when the enterprise (i) has been
in existence for a least 20 years or has
clearly demonstrated that it has realized
two-thirds of the taxable income to be
derived from the manufacturing, con-
structing, producing, or purchasing of
property as stated in § 341(b)(1)(A) and
as described in Rev. Rul. 72–48, 1972–1
C.B. 102; (ii) has had an aggregate
change in the shareholders’ interests of
not more than 10 percent during that
period (except for transfers among fam-
ily members, as defined in § 267(c)(4),
or redemptions of stock to pay death
taxes pursuant to § 303); and (iii) has
conducted substantially the same trade
or business during that period. The
period referred to in (ii) and (iii) above
is the lesser of 20 years of corporate
existence or the period in which the
enterprise has realized two-thirds of the
taxable income from activities specified
in § 341(b)(1)(A).
(27) Section 346(a).—See section
4.01(22), above.
(28) Section 346(a).—See section
4.01(25), above.
(29) Section 351.—Transfer to Cor-
poration Controlled by Transferor.—The
tax effect of the transfer when part of
the consideration received by the
transferors consists of an instrument that
is a bond, debenture, or any other
evidence of indebtedness of the trans-
feree and a determination as to whether
the ‘‘indebtedness’’ is properly classified
as debt or equity is required in order to
establish that the requirements of § 351
are met.
(30) Section 351.—Transfer to Cor-
poration Controlled by Transferor.—
Whether § 351 applies to the transfer of
an interest in real property by a coop-
erative housing corporation (as de-
scribed in § 216(b)(1)) to a corporation
in exchange for stock or securities of
the transferee corporation, if the trans-
feree engages in commercial activity
with respect to the real property interest
transferred.
(31) Section 355.—Distribution of
Stock and Securities of a Controlled
Corporation.—Whether the active busi-
ness requirement of § 355(b) is met
when, within the 5-year period described
in § 355(b)(2)(B), a distributing corpo-
ration acquired control of a controlled
corporation as a result of the distributing
corporation transferring cash or other
liquid or inactive assets to the controlled
corporation in a transaction in which
gain or loss was not recognized as a
result of the transfer meeting the re-
quirements of § 351(a) or § 368(a)-
(1)(D).
(32) Section 355.—Distribution of
Stock and Securities of a Controlled
Corporation.—Whether a distribution of
stock or securities is described in
§ 355(a)(1) when the gross assets of the
trades or businesses relied on to satisfy
the active trade or business requirement
of § 355(b) will have a fair market
value that is less than 5 percent of the
total fair market value of the gross
assets of the corporation directly con-
ducting the trades or businesses. The
Service may rule that the trades or
businesses satisfy the active trade or
business requirement of § 355(b) if it
92

can establish that, based upon all rel-
evant facts and circumstances, the trades
or businesses are notde minimiscom-
pared with the other assets or activities
of the corporation and its subsidiaries.
(33) Section 441(i).—Taxable Year of
Personal Service Corporations.—
Whether the principal activity of the
taxpayer during the testing period for
the taxable year is the performance of
personal services within the meaning of
§ 1.441–4T(d)(1)(ii).
(34) Section 448(d)(2)(A).—Limita-
tion on Use of Cash Method of Ac-
counting; Qualified Personal Service
Corporation.—Whether 95 percent or
more of the time spent by employees of
the corporation, serving in their capacity
as such, is devoted to the performance
of services within the meaning of
§ 1.448–1T(e)(4)(i).
(35) Section 451.—General Rule for
Taxable Year of Inclusion.—The tax
consequences of a nonqualified deferred
compensation arrangement using a
grantor trust where the trust fails to
meet the requirements of Rev. Proc.
92–64, 1992–2 C.B. 422.
(36) Section 584.—Common Trust
Funds.—Whether a common trust fund
plan meets the requirements of § 584.
(For § 584 plan drafting guidance, see
Rev. Proc. 92–51, 1992–1 C.B. 988.)
(37) Section 642.—Special Rules for
Credits and Deductions; Pooled Income
Fund.—Whether a pooled income fund
satisfies the requirements described in
§ 642(c)(5).
(38) Section 664.—Charitable Re-
mainder Trusts.—Whether a charitable
remainder trust that provides for annuity
or unitrust payments for one or two
measuring lives satisfies the require-
ments described in § 664.
(39) Sections 671 to 679.—Grantors
and Others Treated as Substantial Own-
ers.—In a nonqualified, unfunded de-
ferred compensation arrangement de-
scribed in Rev. Proc. 92–64, the tax
consequences of the use of a trust, other
than the model trust described in that
revenue procedure.
(40) Section 816.—Life Insurance
Company Defined.—Whether the requi-
site risk shifting and risk distribution
necessary to constitute insurance are
present for purposes of determining if a
company is an ‘‘insurance company’’
under § 1.801–3(a), unless the facts of
the transaction are within the scope of
Rev. Rul. 78–338, 1978–2 C.B. 107, or
Rev. Rul. 77–316, 1977–2 C.B. 53.
(41) Section 1502.—Regulations.—
Whether a parent cooperative housing
corporation (as defined in § 216(b)(1))
will be permitted to file a consolidated
income tax return with its transferee
subsidiary, if the transferee engages in
commercial activity with respect to the
real property interest transferred to it by
the parent.
(42) Section 2055.—Transfers for
Public, Charitable, and Religious
Uses.—Whether a transfer to a pooled
income fund described in § 642(c)(5)
qualifies for a charitable deduction un-
der § 2055(e)(2)(A).
(43) Section 2055.—Transfers for
Public, Charitable, and Religious
Uses.—Whether a transfer to a chari-
table remainder trust described in § 664
that provides for annuity or unitrust
payments for one or two measuring
lives qualifies for a charitable deduction
under § 2055(e)(2)(A).
(44) Section 2522.—Charitable and
Similar Gifts.—Whether a transfer to a
pooled income fund described in
§ 642(c)(5) qualifies for a charitable
deduction under § 2522(c)(2)(A).
(45) Section 2522.—Charitable and
Similar Gifts.—Whether a transfer to a
charitable remainder trust described in
§ 664 that provides for annuity or
unitrust payments for one or two mea-
suring lives qualifies for a charitable
deduction under § 2522(c)(2)(A).
.02 General areas.
(1) Any matter in which the determi-
nation requested is primarily one of fact,
e.g., market value of property, or
whether an interest in a corporation is to
be treated as stock or indebtedness.
(2) Situations where the requested
ruling deals with only part of an inte-
grated transaction. Generally, a letter
ruling will not be issued on only part of
an integrated transaction. If, however, a
part of a transaction falls under a no-
rule area, a letter ruling on other parts
of the transaction may be issued. Before
preparing the letter ruling request, a
taxpayer should call the Branch having
jurisdiction for the matters on which the
taxpayer is seeking a letter ruling to
discuss whether a letter ruling will be
issued on part of the transaction.
(3) Situations where two or more
items or sub-methods of accounting are
interrelated. If two or more items or
sub-methods of accounting are interre-
lated, ordinarily a letter ruling will not
be issued on a change in accounting
method involving only one of the items
or sub-methods.
(4) The tax effect of any transaction
to be consummated at some indefinite
future time.
(5) Any matter dealing with the ques-
tion of whether property is held prima-
rily for sale to customers in the ordinary
course of a trade or business.
(6) The tax effect of a transaction if
any part of the transaction is involved in
litigation among the parties affected by
the transaction, except for transactions
involving bankruptcy reorganizations.
(7)(a) Situations where the taxpayer
or a related party is domiciled or orga-
nized in a foreign jurisdiction with
which the United States does not have
an effective mechanism for obtaining
tax information with respect to civil tax
examinations and criminal tax investiga-
tions, which would preclude the Service
from obtaining information located in
such jurisdiction that is relevant to the
analysis or examination of the tax issues
involved in the ruling request.
(b) The provisions of subsection (a)
above shall not apply if the taxpayer or
affected related party (i) consents to the
disclosure of all relevant information
requested by the Service in processing
the ruling request or in the course of an
examination in order to verify the accu-
racy of the representations made and to
otherwise analyze or examine the tax
issues involved in the ruling request,
and (ii) waives all claims to protection
of bank or commercial secrecy laws in
the foreign jurisdiction with respect to
the information requested by the Ser-
vice. In the event the taxpayer’s or
related party’s consent to disclose rel-
evant information or to waive protection
of bank or commercial secrecy is deter-
mined by the Service to be ineffective
or of no force and effect, then the
Service may retroactively rescind any
ruling rendered in reliance on such
consent.
SECTION 5. AREAS UNDER
EXTENSIVE STUDY IN WHICH
RULINGS OR DETERMINATION
LETTERS WILL NOT BE ISSUED
UNTIL THE SERVICE RESOLVES THE
ISSUE THROUGH PUBLICATION OF
A REVENUE RULING, REVENUE
PROCEDURE, REGULATIONS OR
OTHERWISE
.01 Section 61.—Gross Income De-
fined.—Whether amounts voluntarily de-
ferred by a taxpayer under a deferred-
compensation plan maintained by an
organization described in § 501 (other
than a plan maintained by an eligible
employer pursuant to the provisions of
§ 457) are currently includible in the
taxpayer’s gross income.
93

.02 Sections 61 and 162.—Gross In-
come Defined; Trade or Business Ex-
penses.—The tax consequences with re-
spect to a salary reduction arrangement
under which an employee receives and
returns salary amounts to the employer.
(Also §§ 3121, 3306, and 3401.)
.03 Section 79.—Group-Term Life
Insurance Purchased for Employees.—
Whether life insurance provided for em-
ployees under a ‘‘retired lives reserve’’
plan will be considered group-term in-
surance. (Also §§ 61, 72, 83, 101, 162,
264, and 641.)
.04 Sections 83 and 451.—Property
Transferred in Connection with Perfor-
mance of Services; General Rule for
Taxable Year of Inclusion.—When com-
pensation is realized by a person who,
in connection with the performance of
services, is granted a nonstatutory option
without a readily ascertainable fair mar-
ket value to purchase stock at a price
that is less than the fair market value of
the stock on the date the option is
granted.
.05 Sections 101, 761, and 7701.—
Certain Death Benefits; Terms Defined;
Definitions.—Whether, in connection
with the transfer of a life insurance
policy to an unincorporated organiza-
tion, (i) the organization will be treated
as a partnership under §§ 761 and 7701,
or (ii) the transfer of the life insurance
policy to the organization will be ex-
empt from the transfer-for-value rules of
§ 101, when substantially all of the
organization’s assets consists or will
consist of life insurance policies on the
lives of the members.
.06 Section 101.—Certain Death Ben-
efits.—Whether there has been a transfer
for value for purposes of § 101(a) in
situations involving a grantor and a trust
when (i) substantially all of the trust
corpus consists or will consist of insur-
ance policies on the life of the grantor
or the grantor’s spouse, (ii) the trustee
or any other person has a power to
apply the trust’s income or corpus to the
payment of premiums on policies of
insurance on the life of the grantor or
the grantor’s spouse, (iii) the trustee or
any other person has a power to use the
trust’s assets to make loans to the
grantor’s estate or to purchase assets
from the grantor’s estate, and (iv) there
is a right or power in any person that
would cause the grantor to be treated as
the owner of all or a portion of the trust
under §§ 673 to 677.
.07 Section 105.—Amounts Received
Under Accident and Health Plans.—
Whether a medical reimbursement plan,
funded by employer contributions, con-
taining a provision allowing unused
amounts to be carried over and accumu-
lated in an employee’s account qualifies
as an accident and health plan under
§ 105.
.08 Section 107.—Rental Value of
Parsonages.—Whether amounts distrib-
uted to a retired minister from a pension
or annuity plan should be excludible
from the minister’s gross income as a
parsonage allowance under § 107.
.09 Section 115.—Income of States,
Municipalities, etc.—The results of
transactions pursuant to a plan or ar-
rangement created by state statute a
primary objective of which is to enable
participants to pay for the costs of a
post-secondary education for themselves
or a designated beneficiary, including:
(i) whether the plan or arrangement,
itself, is an entity separate from a state
and, if so, how the plan or arrangement
is treated for federal tax purposes; and
(ii) whether any contract under the plan
or arrangement is a debt instrument and,
if so, how interest or original issue
discount attributable to the contract is
treated for federal tax purposes. (Also
§§ 61, 163, 1275, 2501, and 7701.)
.10 Section 162.—See section 5.02,
above.
.11 Section 162.—Trade or Business
Expenses.—Whether payments paid or
accrued by a corporation to an exempt
organization as described in § 501(c)(7)
or § 501(c)(20) are deductible under
§ 162.
.12 Section 213.—Medical, Dental,
etc., Expenses.— Whether amounts paid
for medical insurance (or other medical
care) extending substantially beyond the
close of the taxable year may be de-
ducted under § 213 in the year of
payment, if the conditions of
§ 213(d)(7) are not satisfied.
.13 Section 302(b)(4) and (e).—
Redemption from Noncorporate Share-
holder in Partial Liquidation; Partial
Liquidation Defined.—Whether a
deemed surrender of stock as described
in Rev. Rul. 90–13, 1990–1 C.B. 65,
satisfies the requirements for a redemp-
tion, when:
(i) The corporation has outstanding
more than one class of stock and there
are priorities as to dividend or liquidat-
ing distributions or any other differences
in stock rights, or
(ii) Either under the terms of the
stock or as established contractually,
there are outstanding any rights affect-
ing the corporation’s stock, such as, but
not limited to, warrants, options, con-
vertible securities, shareholder agree-
ments, or rights of first refusal.
.14 Section 306(b)(4).—Transactions
Not in Avoidance.—Whether § 306(b)-
(4) applies to the distribution and dispo-
sition or redemption of ‘‘section 306
stock’’ that is subject to mandatory
redemption.
.15 Sections 331, 453, and 1239.—
The Tax Effects of Installment Sales of
Property Between Entities with Com-
mon Ownership.—The tax effects of a
transaction in which there is a transfer
of property by a corporation to a part-
nership or other noncorporate entity (or
the transfer of stock to such entity
followed by a liquidation of the corpora-
tion) when more than a nominal amount
of the stock of such corporation and the
capital or beneficial interests in the
purchasing entity (that is, more than 20
percent in value) is owned by the same
persons, and the consideration to be
received by the selling corporation or
the selling shareholders includes an in-
stallment obligation of the purchasing
entity.
.16 Section 351.—Transfer to Corpo-
ration Controlled by Transferor.—
Whether § 351 applies to the transfer of
widely held developed or undeveloped
real property or interests therein; widely
held oil and gas properties or interests
therein; or any similarly held properties
or interests to a corporation in exchange
for shares of stock of such corporation
when (i) the transfer is the result of
solicitation by promoters, brokers, or
investment houses, or (ii) the transferee
corporation’s stock is issued in a form
designed to render it readily tradable.
.17 Section 355.—Distribution of
Stock or Securities of a Controlled Cor-
poration.—Whether a distribution of
stock or securities is described in
§ 355(a)(1) if there have been negotia-
tions, agreements or arrangements with
respect to transactions or events which,
if treated as consummated before the
distribution, would result in the distribu-
tion of stock or securities of a corpora-
tion which is not controlled by the
distributing corporation (or, if stock is
retained by the distributing corporation,
in a distribution of an amount of stock
not constituting control).
.18 Section 451.—See section 5.04,
above.
.19 Section 453.—See section 5.15,
above.
.20 Section 457.—Deferred Compen-
sation Plans of State and Local Govern-
ments and Tax-Exempt Organizations.—
The tax effect of provisions under the
94

Small Business Job Protection Act af-
fecting plans described in § 457. Tax-
payers may, however, still receive rul-
ings on § 457 plans based on the law in
effect prior to enactment of the Small
Business Job Protection Act.
.21 Section 671.—Trust Income, De-
ductions, and Credits Attributable to
Grantors and Others as Substantial
Owners.—Whether the grantor will be
considered the owner of any portion of
a trust when (i) substantially all of the
trust corpus consists or will consist of
insurance policies on the life of the
grantor or the grantor’s spouse, (ii) the
trustee or any other person has a power
to apply the trust’s income or corpus to
the payment of premiums on policies of
insurance on the life of the grantor or
the grantor’s spouse, (iii) the trustee or
any other person has a power to use the
trust’s assets to make loans to the
grantor’s estate or to purchase assets
from the grantor’s estate, and (iv) there
is a right or power in any person that
would cause the grantor to be treated as
the owner of all or a portion of the trust
under §§ 673 to 677.
.22 Section 721.—Nonrecognition of
Gain or Loss on Contribution.—Whether
§ 721 applies to the contribution of
widely held developed or undeveloped
real property or interests therein; widely
held oil and gas properties or interests
therein; or any similarly held properties
or interests to a partnership in exchange
for an interest in the partnership when
(i) the contribution is the result of
solicitation by promoters, brokers, or
investment houses, or (ii) the interest in
the transferee partnership is issued in a
form designed to render it readily trad-
able.
.23 Section 761.—See section 5.05,
above.
.24 Section 1239.—See section 5.15,
above.
.25 Section 2503.—Taxable Gifts.—
Whether the transfer of property to a
trust will be a gift of a present interest
in property when (i) the trust corpus
consists or will consist substantially of
insurance policies on the life of the
grantor or the grantor’s spouse, (ii) the
trustee or any other person has a power
to apply the trust’s income or corpus to
the payment of premiums on policies of
insurance on the life of the grantor or
the grantor’s spouse, (iii) the trustee or
any other person has a power to use the
trust’s assets to make loans to the
grantor’s estate or to purchase assets
from the grantor’s estate, (iv) the trust
beneficiaries have the power to with-
draw, on demand, any additional trans-
fers made to the trust, and (v) there is a
right or power in any person that would
cause the grantor to be treated as the
owner of all or a portion of the trust
under §§ 673 to 677.
.26 Section 2514.—Powers of Ap-
pointment.—If the beneficiaries of a
trust permit a power of withdrawal to
lapse, whether § 2514(e) will be appli-
cable to each beneficiary in regard to
the power when (i) the trust corpus
consists or will consist substantially of
insurance policies on the life of the
grantor or the grantor’s spouse, (ii) the
trustee or any other person has a power
to apply the trust’s income or corpus to
the payment of premiums on policies of
insurance on the life of the grantor or
the grantor’s spouse, (iii) the trustee or
any other person has a power to use the
trust’s assets to make loans to the
grantor’s estate or to purchase assets
from the grantor’s estate, (iv) the trust
beneficiaries have the power to with-
draw, on demand, any additional trans-
fers made to the trust, and (v) there is a
right or power in any person that would
cause the grantor to be treated as the
owner of all or a portion of the trust
under §§ 673 to 677.
.27 Section 2601.—Tax Imposed.—
Whether a trust that is excepted from
the application of the generation-
skipping transfer tax because it was
irrevocable on September 25, 1985, will
lose its excepted status if the situs of the
trust is changed from the United States
to a situs outside of the United States.
.28 Sections 3121, 3306, and 3401.—
Definitions; Employment Taxes.—Who
is the employer of an ‘‘employee-
owner’’ as defined in § 269A(b)(2).
.29 Section 7701.—See section 5.05,
above.
.30 Section 7701.—Definitions.—The
classification of separately tradable in-
struments that are issued by a corpora-
tion as a unit, the components of which
collectively contain the attributes of
stock.
SECTION 6. AREAS COVERED BY
AUTOMATIC APPROVAL
PROCEDURES IN WHICH RULINGS
WILL NOT ORDINARILY BE ISSUED
.01 Section 442.—Change of Annual
Accounting Period.—All situations
where the Service has provided an ad-
ministrative procedure for obtaining a
change in annual accounting period.See
Rev. Procs. 92–13, 1992–1 C.B. 665 (as
modified by Rev. Proc. 94–12, 1994–1
C.B. 565, and as modified and amplified
by Rev. Proc. 92–13A, 1992–1 C.B.
668) (certain corporations that have not
changed their accounting period within
the prior 6 calendar years or other
specified time); 87–32, 1987–2 C.B.
396, as modified by § 301.9100–3T
(partnership, S corporation, or personal
service corporation seeking a natural
business year or an ownership taxable
year); 68–41, 1968–2 C.B. 943 (as
modified by Rev. Proc. 81–40, 1981–2
C.B. 604) (trusts held by certain fiducia-
ries needing a workload spread); and
66–50, 1966–2 C.B. 1260 (as modified
by Rev. Proc. 81–40) (individual seek-
ing a calendar year).
.02 Section 446.—General Rule for
Methods of Accounting.—All situations
where the Service has provided an ad-
ministrative procedure for obtaining a
change in method of accounting.See
Notice 96–30, 1996–1 C.B. 378 (certain
§ 501(c) organizations complying with
the provisions of SFAS 116); Notice
95–57, 1995–2 C.B. 337 (cash method
banks in the Eighth Circuit seeking to
change to the cash method of account-
ing for stated interest on short-term
loans made in the ordinary course of
business); and Rev. Procs. 96–31,
1996–1 C.B. 378 (certain taxpayers
seeking to change depreciation or amor-
tization for certain depreciable or amor-
tizable property); 95–33, 1995–2 C.B.
380 (certain small resellers, formerly
small resellers, or reseller-producers
changing their method of accounting for
costs subject to § 263A); 95–25,
1995–1 C.B. 701 (certain taxpayers on a
simplified production or simplified re-
sale method of accounting for fewer
than 3 taxable years electing an historic
absorption ratio under § 263A); 95–19,
1995–1 C.B. 664 (certain taxpayers
changing their method of accounting for
interest costs subject to § 263A(f)); 94–
29, 1994–1 C.B. 616 (certain taxpayers
seeking to use the principal-reduction
method forde minimisOID on certain
loans originated by the taxpayer); 93–
13, 1993–1 C.B. 482 (certain domestic
taxpayers required to change their
method of accounting to comply with
§ 267(a)(3) for deducting amounts owed
to related foreign persons); 92–98,
1992–2 C.B. 512 (certain accrual
method taxpayers selling multi-year ser-
vice warranty contracts seeking to elect
the service warranty income method);
92–75, 1992–2 C.B. 448 (certain taxpay-
ers, other than those required to use
inventories, seeking to change to an
accrual method); 92–74, 1992–2 C.B.
95

442 (certain taxpayers, required to use
inventories, seeking to change to an
accrual method); 92–67, 1992–2 C.B.
429 (certain taxpayers with one or more
market discount bonds seeking to make
a constant interest rate election or an
election under § 1278(b)); 92–29,
1992–1 C.B. 748 (certain taxpayers
seeking to use an alternative method
under § 461(h) for the inclusion of
common improvement costs in basis)
this no-rule provision, however, does not
apply to those situations where Rev.
Proc. 92–29 requires the taxpayer to file
a ruling request; 91–51, 1991–2 C.B.
779 (certain taxpayers that sell mort-
gages and retain rights to service the
mortgages); 91–31, 1991–1 C.B. 566,
568, 569 (certain utilities holding cus-
tomer deposits); 90–63, 1990–2 C.B.
664 (certain taxpayers changing their
accounting treatment of package design
costs); 90–37, 1990–2 C.B. 361 (certain
taxpayers with interest income from
short-term loans); 89–46, 1989–2 C.B.
597 (cash basis taxpayers with certain
United States savings bonds); 88–15,
1988–1 C.B. 683 (certain taxpayers
seeking to discontinue LIFO inventory);
85–8, 1985–1 C.B. 495 (certain taxpay-
ers seeking to change from specific
charge-off method to reserve method for
bad debts); 84–76, 1984–2 C.B. 751
(taxpayers seeking to treat prepaid sub-
scription income under the provisions of
§ 455); 84–30, 1984–1 C.B. 482 (tax-
payers who used the Rule of 78’s for
interest on consumer loans); 84–29,
1984–1 C.B. 480 (individual borrowers
who reported interest deductions in ac-
cordance with the Rule of 78’s); and
74–11, 1974–1 C.B. 420 (taxpayers
seeking to change their method of de-
preciation accounting).
.03 Section 461.—General Rule for
Taxable Year of Deduction.—All situa-
tions where the Service has provided an
administrative procedure for making or
revoking an election under § 461.See
Rev. Procs. 92–29, 1992–1 C.B. 748
(dealing with the use of an alternative
method for including in basis the esti-
mated cost of certain common improve-
ments in a real estate development); and
92–28, 1992–1 C.B. 745, as amplified
by Rev. Proc. 94–32, 1994–1 C.B. 627
(dealing with ratable accrual of real
property taxes).
.04 Section 1362.—Election; Revoca-
tion; Termination.—All situations in
which an S corporation qualifies for
automatic inadvertent termination relief
under Rev. Proc. 94–23, 1994–1 C.B.
609.
.05 Sections 1502, 1504, and 1552.—
Regulations; Definitions; Earnings and
Profits.—All situations where the Ser-
vice has provided an administrative pro-
cedure for obtaining waivers or consents
on consolidated return issues. See Rev.
Procs. 90–53, 1990–2 C.B. 636 (certain
corporations seeking reconsolidation
within the 5-year period specified in
§ 1504(a)(3)(A)); 90–39, 1990–2 C.B.
365 (certain affiliated groups of corpora-
tions seeking, for earnings and profits
determinations, to make an election or a
change in their method of allocating the
group’s consolidated federal income tax
liability); and 89–56, 1989–2 C.B. 643
(certain affiliated groups of corporations
seeking to file a consolidated return
where member(s) of the group use a
52–53 week taxable year).
SECTION 7. EFFECT ON OTHER
REVENUE PROCEDURES
Rev. Procs. 96–3, 96–12, 96–22, 96–
34, 96–39, 96–43, and 96–56 are super-
seded.
SECTION 8. PAPERWORK
REDUCTION ACT
The collections of information con-
tained in this revenue procedure have
been reviewed and approved by the
Office of Management and Budget in
accordance with the Paperwork Reduc-
tion Act (44 U.S.C. § 3507) under con-
trol number 1545–1522.
An agency may not conduct or spon-
sor, and a person is not required to
respond to, a collection of information
unless the collection of information dis-
plays a valid control number.
The collections of information in this
revenue procedure are in sections
3.01(22), (24), (25), (27), and (28),
3.02(1) and (3), 4.01(26), and 4.02(1)
and (7)(b).
This information is required to evalu-
ate whether the request for a letter
ruling or determination letter is not
covered by the provisions of this rev-
enue procedure. The collections of infor-
mation are required to obtain a letter
ruling or determination letter. The likely
respondents are business or other for-
profit institutions.
The estimated total annual reporting
and/or recordkeeping burden is 90
hours.
The estimated annual burden per
respondent/recordkeeper varies from 15
minutes to 3 hours, depending on indi-
vidual circumstances, with an estimated
average burden of 2 hours. The esti-
mated number of respondents and/or
recordkeepers is 45.
The estimated annual frequency of
responses is on occasion.
Books or records relating to a collec-
tion of information must be retained as
long as their contents may become ma-
terial in the administration of any inter-
nal revenue law. Generally, tax returns
and tax return information are confiden-
tial, as required by § 6103.
DRAFTING INFORMATION
The principal author of this revenue
procedure is Michael Danbury of the
Office of Assistant Chief Counsel (Cor-
porate). For further information about
this revenue procedure, please contact
Mr. Danbury at (202) 622–7750 (not a
toll-free call).
96

26 CFR 601.201: Rulings and determination letters.
Rev. Proc. 97–4
TABLE OF CONTENTS
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
p. 100
SECTION 2. WHAT CHANGES
HAVE BEEN MADE TO REV.
PROC. 96–4?
p. 100
SECTION 3. IN WHAT FORM
IS GUIDANCE PROVIDED BY
THE ASSISTANT
COMMISSIONER (EMPLOYEE
PLANS AND EXEMPT
ORGANIZATIONS)?
p. 101.01 In general
.02 Letter ruling
.03 Closing agreement
.04 Determination letter
.05 Opinion letter
.06 Notification letter
.07 Information letter
.08 Revenue ruling
.09 Oral guidance
(1) No oral rulings, and no written rulings in response to oral requests
(2) Discussion possible on substantive issues
.10 Nonbank trustee requests
SECTION 4. ON WHAT
ISSUES MAY TAXPAYERS
REQUEST WRITTEN
GUIDANCE UNDER THIS
PROCEDURE?
p. 103
SECTION 5. ON WHAT
ISSUES MUST WRITTEN
GUIDANCE BE REQUESTED
UNDER DIFFERENT
PROCEDURES?
p. 103.01 Determination letters
.02 Master and prototype plans
.03 Regional prototype plans
.04 Closing agreement program for defined contribution plans that purchased
GICs or GACs
.05 Voluntary Compliance Resolution Program
.06 Chief Counsel
.07 Alcohol, tobacco, and firearms taxes
SECTION 6. UNDER WHAT
CIRCUMSTANCES DOES THE
NATIONAL OFFICE ISSUE
LETTER RULINGS?
p. 104.01 In exempt organizations matters
.02 In employee plans matters
.03 In qualifications matters
.04 Request for extension of time for making an election or for other relief
under § 301.9100–1T of the temporary Procedure and Administration
Regulations
.05 Issuance of a letter ruling before the issuance of a regulation or other
published guidance
.06 Issues in prior return
.07 Generally not to business associations or groups
.08 Generally not to foreign governments
.09 Generally not on federal tax consequences of proposed legislation
97

SECTION 7. UNDER WHAT
CIRCUMSTANCES DO KEY
DISTRICT DIRECTORS ISSUE
DETERMINATION LETTERS?
p. 106.01 Circumstances under which determination letters are issued by the key
district director
.02 In general
.03 In employee plans matters
.04 In exempt organizations matters
.05 Circumstances under which determination letters are not issued by the key
district director
.06 Requests involving returns already filed
.07 Attach a copy of determination letter to taxpayer’s return
.08 Review of determination letters
SECTION 8. UNDER WHAT
CIRCUMSTANCES DOES THE
SERVICE HAVE DISCRETION
TO ISSUE LETTER RULINGS
AND DETERMINATION
LETTERS?
p. 108.01 Ordinarily not in certain areas because of factual nature of the problem
.02 Not on alternative plans or hypothetical situations
.03 Ordinarily not on part of an integrated transaction
.04 Not on partial terminations of employee plans
.05 Law requires letter ruling
.06 Issues under consideration by PBGC or DOL
.07 Cafeteria plans
.08 Determination letters
.09 Domicile in a foreign jurisdiction
SECTION 9. WHAT ARE THE
GENERAL INSTRUCTIONS
FOR REQUESTING LETTER
RULINGS AND
DETERMINATION LETTERS?
p. 109.01 In general
.02 Certain information required in all requests
(1) Complete statement of facts and other information
(2) Copies of all contracts, wills, deeds, agreements, instruments, plan
documents, and other documents
(3) Analysis of material facts
(4) Statement regarding whether same issue is in an earlier return
(5) Statement regarding whether same or similar issue was previously
ruled on or requested, or is currently pending
(6) Statement of supporting authorities
(7) Statement of contrary authorities
(8) Statement identifying pending legislation
(9) Statement identifying information to be deleted from copy of letter
ruling or determination letter for public inspection
(10) Signature by taxpayer or authorized representative
(11) Authorized representatives
(12) Power of attorney and declaration of representative
(13) Penalties of perjury statement
(14) Applicable user fee
(15) Number of copies of request to be submitted
(16) Sample format for a letter ruling request
(17) Checklist for letter ruling requests
98

.03 Additional information required in certain circumstances
(1) To request separate letter rulings for multiple issues in a single
situation
(2) To designate recipient of original or copy of letter ruling or
determination letter
(3) To request expeditious handling
(4) To receive a letter ruling or submit a request for a letter ruling by
facsimile transmission (fax)
(5) To request a conference
.04 Address to send the request
(1) Requests for letter rulings
(2) Requests for information letters
(3) Requests for determination letters
.05 Pending letter ruling requests
.06 When to attach letter ruling to return
.07 How to check on status of request
.08 Request may be withdrawn or national office may decline to issue letter
ruling
.09 Compliance with Treasury Department Circular No. 230
SECTION 10. WHAT
SPECIFIC, ADDITIONAL
PROCEDURES APPLY TO
CERTAIN REQUESTS?
p. 118.01 In general
.02 Exempt Organizations
.03 Employee Plans
SECTION 11. HOW DOES THE
NATIONAL OFFICE HANDLE
LETTER RULING REQUESTS?
p. 118.01 In general
.02 Is not bound by informal opinion expressed
.03 Tells taxpayer if request lacks essential information during initial contact
.04 Requires prompt submission of additional information requested after initial
contact
.05 Near the completion of the ruling process, advises taxpayer of conclusions
and, if the Service will rule adversely, offers the taxpayer the opportunity to
withdraw the letter ruling request
.06 May request draft of proposed letter ruling near the completion of the ruling
process
SECTION 12. HOW ARE
CONFERENCES SCHEDULED?
p. 120.01 Schedules a conference if requested by taxpayer
.02 Permits taxpayer one conference of right
.03 Disallows verbatim recording of conferences
.04 Makes tentative recommendations on substantive issues
.05 May offer additional conferences
.06 Requires written confirmation of information presented at conference
.07 May schedule a pre-submission conference
.08 Under limited circumstances, may schedule a conference to be held by
telephone
99

SECTION 13. WHAT EFFECT
WILL A LETTER RULING
HAVE?
p. 121.01 May be relied on subject to limitations
.02 Will not apply to another taxpayer
.03 Will be used by a key district director in examining the taxpayer’s return
.04 May be revoked or modified if found to be in error
.05 Not generally revoked or modified retroactively
.06 Retroactive effect of revocation or modification applied to a particular
transaction
.07 Retroactive effect of revocation or modification applied to a continuing
action or series of actions
.08 May be retroactively revoked or modified when transaction is completed
without reliance on the letter ruling
.09 Taxpayer may request that retroactivity be limited
(1) Request for relief under § 7805(b) must be made in required format
(2) Taxpayer may request a conference on application of § 7805(b)
SECTION 14. WHAT EFFECT
WILL A DETERMINATION
LETTER HAVE?
p. 124.01 Has same effect as a letter ruling
.02 Taxpayer may request that retroactive effect of revocation or modification
be limited
(1) Request for relief under § 7805(b) must be made in required format
(2) Taxpayer may request a conference on application of § 7805(b)
(3) Taxpayer steps in exhausting administrative remedies
SECTION 15. UNDER WHAT
CIRCUMSTANCES ARE
MATTERS REFERRED
BETWEEN A KEY DISTRICT
OFFICE AND THE NATIONAL
OFFICE?
p. 125.01 Requests for determination letters
.02 No-rule areas
.03 Requests for letter rulings
SECTION 16. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
p. 125
SECTION 17. EFFECTIVE
DATE
p. 125
SECTION 18. PAPERWORK
REDUCTION ACT
p. 125
DRAFTING INFORMATIONp. 126
INDEXp. 126
APPENDIX A— SAMPLE
FORMAT FOR A LETTER
RULING REQUEST
p. 127
APPENDIX B—CHECKLIST
FOR A LETTER RULING
REQUEST
p. 129
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
This revenue procedure explains how the Internal Revenue Service gives guidance to
taxpayers on issues under the jurisdiction of the Assistant Commissioner (Employee Plans
and Exempt Organizations). It explains the kinds of guidance and the manner in which
guidance is requested by taxpayers and provided by the Service. A sample format of a
request for a letter ruling is provided in Appendix A.
100

SECTION 2. WHAT CHANGES
HAVE BEEN MADE TO REV.
PROC. 96–4?
.01 In section 3.03, Rev. Proc. 94–16, 1994–1 C.B. 576 has been modified by Rev. Proc.
96–29, 1996–16 I.R.B. 24.
.02 Section 3.07 is clarified to indicate that the requirements of section 9.02 of this
revenue procedure are not applicable to information letters, and that requests for information
letters should be sent to the address stated in section 9.04(2) of this revenue procedure.
.03 In section 5.05, Rev. Proc. 94–62, 1994–2 C.B. 778, has been modified by Rev. Proc.
96–29.
.04 Section 6.01(4) is added to state that the national office issues letter rulings involving
qualified state tuition programs described in § 529 of the Code.
.05 Section 6.01(7) is amended to add § 4958 of the Code.
.06 Section 6.02 is amended to add a waiver of the liquidity shortfall excise tax under
§ 4971(f)(4), as added by § 1464 of the Small Business Job Protection Act of 1996, as a
matter on which the national office will issue a letter ruling.
.07 Sections 6.02(9) and 6.04 are amended to conform to T.D. 8680, 1996–33 I.R.B. 5,
which provides temporary regulations relating to extensions of time for making certain
elections under the Code.
.08 Section 6.05 is expanded to include the publication of a revenue ruling or revenue
procedure and, therefore, a letter ruling will not be issued if the letter ruling request
presents an issue that cannot be readily resolved before a regulation, revenue ruling, or
revenue procedure is issued.
.09 Section 6.09 is added to state, in a separate section, that the national office does not
issue letter rulings on a matter involving the federal tax consequences of any proposed
federal, state, local, municipal, or foreign legislation. This information is the same as in
section 6.08 of Rev. Proc. 96–4.
.10 Sections 7.04(6) and (7) are added to indicate that the key district directors issue
determination letters involving whether certain organizations are excepted from filing annual
information returns under § 6033 as provided in Rev. Procs. 83–23, 1983–1 C.B. 687,
86–23, 1986–1 C.B. 564, and 95–48, 1995–2 C.B. 418, and whether certain organizations
qualify as exempt operating foundations described in § 4940(d).
.11 Section 8.04 is added to clarify that the national office does not issue letter rulings on
partial terminations of employee plans.
.12 Section 9.02(11)(e) has been deleted.
.13 Section 9.02(13) and Appendix A are amended to reflect the new language for the
penalties of perjury statement.
.14 Section 9.02(14) is amended to conform to § 2 of the Tax Relief to Operation Joint
Endeavor Participants Act, which extended the user fee program from October 1, 2000, to
October 1, 2003.
.15 Section 11.04 is amended to provide that a taxpayer generally is required to submit
one copy of the additional information but, in appropriate cases, the national office may
request additional copies of the information.
.16 This revenue procedure has been expanded to provide a separate section for the
procedures applicable to conferences in the national office. Accordingly, sections 12 through
16 of Rev. Proc. 96–4 are redesignated as sections 13 through 17 in this revenue procedure
and the conference procedures in sections 11.05 through 11.12 of Rev. Proc. 96–4 are
provided in new section 12. These procedures are the same as in Rev. Proc. 96–4.
SECTION 3. IN WHAT FORM
IS GUIDANCE PROVIDED BY
THE ASSISTANT
COMMISSIONER (EMPLOYEE
PLANS AND EXEMPT
ORGANIZATIONS)?
In general.01 The Service provides guidance in the form of letter rulings, closing agreements,
determination letters, opinion letters, notification letters, information letters, revenue rulings,
and oral advice.
101

Letter ruling.02 A ‘‘letter ruling’’ is a written statement issued to a taxpayer by the Service’s national
office that interprets and applies the tax laws or any nontax laws applicable to employee
benefit plans and exempt organizations to the taxpayer’s specific set of facts. Once issued, a
letter ruling may be revoked or modified for any number of reasons, as explained in section
13 of this revenue procedure, unless it is accompanied by a ‘‘closing agreement.’’
Closing agreement.03 A closing agreement is a final agreement between the Service and a taxpayer on a
specific issue or liability. It is entered into under the authority in § 7121 of the Code and is
final unless fraud, malfeasance, or misrepresentation of a material fact can be shown.
A closing agreement prepared in an office under the responsibility of the Assistant
Commissioner (Employee Plans and Exempt Organizations) may be based on a ruling that
has been signed by the Commissioner or the Commissioner’s delegate that says that a
closing agreement will be entered into on the basis of the ruling letter.
A closing agreement may be entered into when it is advantageous to have the matter
permanently and conclusively closed, or when a taxpayer can show that there are good
reasons for an agreement and that making the agreement will not prejudice the interests of
the Government. In appropriate cases, taxpayers may be asked to enter into a closing
agreement as a condition to the issuance of a letter ruling.
If, in a single case, a closing agreement is requested for each person in a class of
taxpayers, separate agreements are entered into only if the class consists of 25 or fewer
taxpayers. However, if the issue and holding are identical for the class and there are more
than 25 taxpayers in the class, a ‘‘mass closing agreement’’ will be entered into with the
taxpayer who is authorized by the others to represent the class.
In appropriate cases, a closing agreement may be made with sponsors of national office
master and prototype plans and sponsors of regional prototype plans.
Rev. Proc. 94–16, 1994–1 C.B. 576, as modified by Rev. Proc. 96–29, establishes a
voluntary closing agreement program for employee plans matters. The revenue procedure
contains a formula for determining monetary sanctions and limits the sanction for employers
who voluntarily enter the program.
Key district directors have authority to enter into a closing agreement on employee plans
matters, notwithstanding the delegation of authority to the Commissioner’s delegate.
Determination letter.04 A ‘‘determination letter’’ is a written statement issued by a key district director that
applies the principles and precedents previously announced by the national office to a
specific set of facts. It is issued only when a determination can be made based on clearly
established rules in the statute, a tax treaty, or the regulations, or based on a conclusion in a
revenue ruling, opinion, or court decision published in the Internal Revenue Bulletin that
specifically answers the questions presented.
District directors of key district offices issue determination letters involving §§ 401,
403(a), 409, and 4975(e)(7) of the Code as provided in Rev. Proc. 97–6, page 153, this
Bulletin, Rev. Proc. 93–10, 1993–1 C.B. 476, Rev. Proc. 93–12, 1993–1 C.B. 479, and Rev.
Proc. 93–39, 1993–2 C.B. 513 (as superseded in part by section 23.01 of Rev. Proc. 96–6,
1996 –1 I.R.B. 151).
Opinion letter.05
An ‘‘opinion letter’’ is a written statement issued by the national office to a
sponsoring organization as to the acceptability (for purposes of §§ 401 and 501(a) of the
Code) of the form of a master or prototype plan and any related trust or custodial account
under §§ 401, 403(a), and 501(a) of the Code, or as to the conformance of a prototype trust,
custodial account, or individual annuity with the requirements of § 408(a), (b), or (k), as
applicable.SeeRev. Proc. 89–9, 1989–1 C.B. 780, as modified by Rev. Proc. 90–21, 1990–1
C.B. 499 (as modified by Rev. Proc. 97–8, this Bulletin), Rev. Proc. 92–41, 1992–1 C.B.
870, Rev. Proc. 93–12, Rev. Proc. 93–39 (as superseded in part by section 23.01 of Rev.
Proc. 96–6), and supplemented by Rev. Proc. 93–10.See alsoRev. Proc. 91–44, 1991–2 C.B.
733 (as modified by Rev. Proc. 97–8), and Rev. Proc. 92–38, 1992–1 C.B. 859.
Notification letter.06 A ‘‘notification letter’’ is a written statement issued by the national office or a key
district office, upon request, as to the acceptability (for purposes of §§ 401 and 501(a) of
the Code) of the form of a regional prototype plan and any related trust or custodial
account.SeeRev. Proc. 89–13, 1989–1 C.B. 801, as modified by Rev. Proc. 90–21, Rev.
Proc. 92–41, Rev. Proc. 93–12, Rev. Proc. 93–39 (as superseded in part by section 23.01 of
Rev. Proc. 96–6), and supplemented by Rev. Proc. 93–10.
102

Information letter.07 An ‘‘information letter’’ is a statement issued either by the national office or by a key
district director. It calls attention to a well-established interpretation or principle of tax law
(including a tax treaty) without applying it to a specific set of facts. To the extent resources
permit, an information letter may be issued if the taxpayer’s inquiry indicates a need for
general information or if the taxpayer’s request does not meet the requirements of this
revenue procedure and the Service thinks general information will help the taxpayer. The
taxpayer should provide a daytime telephone number with the taxpayer’s request for an
information letter. Requests for information letters should be sent to the address stated in
section 9.04(2) of this revenue procedure. The requirements of section 9.02 of this revenue
procedure are not applicable to information letters. An information letter is advisory only
and has no binding effect on the Service.
Revenue ruling.08 A ‘‘revenue ruling’’ is an interpretation by the Service that has been published in the
Internal Revenue Bulletin. It is the conclusion of the Service on how the law is applied to a
specific set of facts. Revenue rulings are issued only by the national office and are
published for the information and guidance of taxpayers, Service personnel, and other
interested parties.
Because each revenue ruling represents the conclusion of the Service regarding the
application of law to the entire statement of facts involved, taxpayers, Service personnel,
and other concerned parties are cautioned against reaching the same conclusion in other
cases unless the facts and circumstances are substantially the same. They should consider
the effect of subsequent legislation, regulations, court decisions, revenue rulings, notices,
and announcements. See Rev. Proc. 89–14, 1989–1 C.B. 814, which states the objectives of
and standards for the publication of revenue rulings and revenue procedures in the Internal
Revenue Bulletin.
Oral guidance.09
(1) No oral rulings, and no written rulings in response to oral requests.
The Service does not orally issue letter rulings or determination letters, nor does it issue
letter rulings or determination letters in response to oral requests from taxpayers. However,
Service employees ordinarily will discuss with taxpayers or their representatives inquiries
regarding whether the Service will rule on particular issues and questions relating to
procedural matters about submitting requests for letter rulings, determination letters, and
requests for recognition of exempt status for a particular organization.
(2) Discussion possible on substantive issues.
At the discretion of the Service, and as time permits, substantive issues may also be
discussed. However, such a discussion will not be binding on the Service, and cannot be
relied on as a basis for obtaining retroactive relief under the provisions of § 7805(b).
Substantive tax issues involving the taxpayer that are under examination, in appeals, or in
litigation will not be discussed by Service employees not directly involved in the
examination, appeal, or litigation of the issues unless the discussion is coordinated with
those Service employees who are directly involved in the examination, appeal, or litigation
of the issues. The taxpayer or the taxpayer’s representative ordinarily will be asked whether
the oral request for guidance or information relates to a matter pending before another
office of the Service.
If a tax issue is not under examination, in appeals, or in litigation, the tax issue may be
discussed even though the issue is affected by a nontax issue pending in litigation.
A taxpayer may seek oral technical guidance from a taxpayer service representative in a
key district office or service center when preparing a return or report. Oral guidance is
advisory only, and the Service is not bound to recognize it, for example, in the examination
of the taxpayer’s return.
The Service does not respond to letters seeking to confirm the substance of oral
discussions, and the absence of a response to such a letter is not confirmation of the
substance of the letter.
Nonbank trustee requests.10
In order to receive approval to act as a nonbank custodian of plans qualified under
§ 401(a) of the Code or accounts described in § 403(b)(7) of the Code, and as a nonbank
trustee or nonbank custodian for individual retirement arrangements (IRAs) established under
§ 408(a), (b), or (h), a written application must be filed that demonstrates how the applicant
complies with the requirements of § 1.408–2(e)(2) through (5) of the Income Tax Regulations.
103

The Service must have clear and convincing proof in its files that the requirements of the
regulations are met. If there is a requirement that the applicant feels is not applicable, the
application must provide clear and convincing proof that such requirement is not germane to
the manner in which the applicant will administer any trust.See§ 1.408–2(e)(6) of the
regulations.
The completed application should be sent to:
Internal Revenue Service
Assistant Commissioner (Employee Plans and Exempt Organizations)
Attention: CP:E:EP:T
P.O. Box 14073, Ben Franklin Station
Washington, DC 20044
Section 6.01(4) of Rev. Proc. 97–8, page 187, this Bulletin, imposes a user’s fee for
anyone applying for approval to become a nonbank trustee or custodian.
SECTION 4. ON WHAT
ISSUES MAY TAXPAYERS
REQUEST WRITTEN
GUIDANCE UNDER THIS
PROCEDURE?
Taxpayers may request letter rulings, information letters and closing agreements on issues
within the jurisdiction of the Assistant Commissioner (Employee Plans and Exempt
Organizations) under this revenue procedure. The national office issues letter rulings to
answer written inquiries of individuals and organizations about their status for tax purposes
and the tax effects of their acts or transactions when appropriate in the interest of sound tax
administration.
Taxpayers also may request determination letters within the jurisdiction of the appropriate
key district director that relate to Code sections under the jurisdiction of the Assistant
Commissioner (Employee Plans and Exempt Organizations). See Rev. Proc. 97–6, this
Bulletin.
SECTION 5. ON WHAT
ISSUES MUST WRITTEN
GUIDANCE BE REQUESTED
UNDER DIFFERENT
PROCEDURES?
Determination letters
.01 The procedures for obtaining determination letters involving §§ 401, 403(a), 409, and
4975(e)(7) of the Code, and the status for exemption of any related trusts or custodial
accounts under § 501(a) are contained in Rev. Proc. 97–6, this Bulletin, Rev. Proc. 93–10,
Rev. Proc. 93–12, and Rev. Proc. 93–39 (as superseded in part by section 23.01 of Rev.
Proc. 96–6).
Master and prototype plans.02 The procedures for obtaining opinion letters for master and prototype plans and any
related trusts or custodial accounts under §§ 401(a), 403(a) and 501(a) are contained in
Rev. Proc. 89–9, as modified by Rev. Proc. 90–21, Rev. Proc. 92–41, Rev. Proc. 93–12,
Rev. Proc. 93–39 (as superseded in part by section 23.01 of Rev. Proc. 96–6), and
supplemented by Rev. Proc. 93–10. The procedures for obtaining opinion letters for
prototype trusts, custodial accounts or annuities under § 408(a) or (b) are contained in Rev.
Proc. 87–50, as modified by Rev. Proc. 92–38. The procedures for obtaining opinion letters
for prototype trusts under § 408(k) are contained in Rev. Proc. 87–50, as modified by Rev.
Proc. 91–44 (as modified by Rev. Proc. 97–8).
Regional prototype plans.03 The procedures for obtaining notification letters for regional prototype plans under
§ 401(a) and any related trust or custodial account under § 501, are contained in Rev. Proc.
89–13, as modified by Rev. Proc. 90–21, Rev. Proc. 92–41, Rev. Proc. 93–12, Rev. Proc.
93–39 (as superseded in part by section 23.01 of Rev. Proc. 96–6), and supplemented by
Rev. Proc. 93–10.
Closing agreement program
for defined contribution plans
that purchased GICs or GACs
.04 Rev. Proc. 95–52, 1995–1 C.B. 439, restates and extends the closing agreement
program for defined contribution plans that purchased guaranteed investment contracts
(GICs) or group annuity contracts (GACs) from troubled life insurance companies for an
indefinite period.
Voluntary Compliance
Resolution Program
.05 The procedures for obtaining corrections of operational qualification plan defects
under the Voluntary Compliance Resolution (VCR) Program are contained in Rev. Proc.
94–62, 1994–2 C.B. 778, as modified by Rev. Proc. 96–29.
104

Chief Counsel.06 The procedures for obtaining rulings, closing agreements, and information letters on
issues within the jurisdiction of the Chief Counsel are contained in Rev. Proc. 97–1, this
Bulletin, including tax issues involving interpreting or applying the federal tax laws and
income tax treaties relating to international transactions.
Alcohol, tobacco, and
firearms taxes
.07 The procedures for obtaining letter rulings, etc., that apply to federal alcohol,
tobacco, and firearms taxes under subtitle E of the Internal Revenue Code are under the
jurisdiction of the Bureau of Alcohol, Tobacco and Firearms. (See26 C.F.R. § 601.328
(1996)).
SECTION 6. UNDER WHAT
CIRCUMSTANCES DOES THE
NATIONAL OFFICE ISSUE
LETTER RULINGS?
In exempt organizations
matters
.01 In exempt organizations matters, the national office issues letter rulings on proposed
transactions and on completed transactions if the request is submitted before the return is
filed for the year in which the transaction that is the subject of the request was completed.
The national office issues letter rulings involving:
(1) Organizations exempt from tax under § 501, including private foundations;
(2) Organizations described in § 170(b)(1)(A) (except clause (v));
(3) Political organizations described in § 527;
(4) Qualified state tuition programs described in § 529;
(5) Trusts described in § 4947(a);
(6) Welfare benefit plans described in § 4976; and
(7) Other matters including issues under §§ 501 through 514, 4911, 4912, 4940 through
4948, 4955, 4958, 6033, 6104, 6113, and 6115.
In employee plans matters.02 In employee plans matters, the national office issues letter rulings on proposed
transactions and on completed transactions either before or after the return is filed. The
national office issues letter rulings involving:
(1) §§ 72, 101(d), 219, 381(c)(11), 402, 403(b), 404, 412, 414(d), 414(e), 419, 419A,
511 through 514, 4971, 4972, 4973, 4974, 4978, 4979, 4980, and 4980A;
(2) Waiver of the minimum funding standard (See Rev. Proc. 94–41, 1994–1 C.B. 711),
and changes in funding methods and actuarial assumptions under § 412(c)(5);
(3) Waiver of the liquidity shortfall (as that term is defined in § 412(m)(5)) excise tax
under § 4971(f)(4) as added by § 1464 of the Small Business Job Protection Act of 1996;
(4) Whether a plan amendment is reasonable and provides for only de minimis increases
in plan liabilities in accordance with §§ 401(a)(33) and 412(f)(2)(A) of the Code (See Rev.
Proc. 79–62, 1979–2 C.B. 576);
(5) A change in the plan year of an employee retirement plan and the trust year of a
tax-exempt employees’ trust (See Rev. Proc. 87–27, 1987–1 C.B. 769);
(6) The tax consequences of prohibited transactions under §§ 503 and 4975;
(7) Whether individual retirement accounts established by employers or associations of
employees meet the requirements of § 408(c) (See Rev. Proc. 87–50, as modified by Rev.
Proc. 91–44 (as modified by Rev. Proc. 97–8) and Rev. Proc. 92–38);
(8) With respect to employee stock ownership plans and tax credit employee stock
ownership plans, §§ 409(l), 409(m), and 4975(d)(3). Other subsections of §§ 409 and
4975(e)(7) involve qualification issues within the jurisdiction of the key district offices.
(9) Where the Assistant Commissioner (Employee Plans and Exempt Organizations) has
authority to grant extensions of certain periods of time within which the taxpayer must
perform certain transactions (for example, the 90-day period for reinvesting in employer
securities under § 1.46–8(e)(10) of the regulations), the taxpayer’s request for an extension
of such time period must be postmarked (or received, if hand delivered to the national
office) no later than the expiration of the original time period. Thus, for example, a request
for an extension of the 90-day period under § 1.46–8(e)(10) must be made before the
105

expiration of this period. However, see section 6.04 with respect to elections under
§ 301.9100–1T of the temporary Procedure and Administration Regulations.
In qualifications matters.03 The national office ordinarily will not issue letter rulings on matters involving a
plan’s qualified status under §§ 401 through 420 and § 4975(e)(7). These matters are
generally handled by the key district offices’ determination letter program as provided in
Rev. Proc. 97–6, this Bulletin, Rev. Proc. 93–10, Rev. Proc. 93–12, and Rev. Proc. 93–39
(as superseded in part by section 23.01 of Rev. Proc. 96–6). Although the national office
will not ordinarily issue rulings on matters involving plan qualification, rulings may be
issued where, (1) the taxpayer has demonstrated to the Service’s satisfaction that the
qualification issue involved is unique and requires immediate guidance, (2) as a practical
matter, it is not likely that such issue will be addressed through the determination letter
process, and (3) the Service determines that it is in the interest of good tax administration to
provide guidance to the taxpayer with respect to such qualification issue.
Request for extension of time
for making an election or for
other relief under
§ 301.9100–1T of the
temporary Procedure and
Administration Regulations
.04 The national office will consider a request for an extension of time for making an
election or other application for relief under § 301.9100–1T of the temporary Procedure and
Administration Regulations even if submitted after the return covering the issue presented in
the § 301.9100–1T request has been filed and even if submitted after an examination of the
return has begun or after the issues in the return are being considered by an appeals office
or a federal court. In such a case, the national office will notify the field office that has
examination jurisdiction over the taxpayer’s return.
Except for those requests pertaining to applications for recognition of exemption,
§ 301.9100–1T requests, even those submitted after the examination of the taxpayer’s return
has begun, are letter ruling requests and therefore should be submitted pursuant to this
revenue procedure, and require payment of the applicable user fee, referenced in section
9.02(14) of this revenue procedure. In addition, the taxpayer must include the information
required by § 301.9100–3T(e).
However, an election made pursuant to § 301.9100–2T is not a letter ruling and does not
require payment of any user fee. See § 301.9100–2T(d). Such an election pertains to an
automatic extension of time under § 301.9100–1T.
Issuance of a letter ruling
before the issuance of a
regulation or other published
guidance
.05 Unless the issue is covered by section 8 of this procedure, a letter ruling may be
issued before the issuance of a temporary or final regulation or other published guidance
that interprets the provisions of any act under the following conditions:
(1) Answer is clear or is reasonably certain.If the letter ruling request presents an
issue for which the answer seems clear by applying the statute to the facts or for which the
answer seems reasonably certain but not entirely free from doubt, a letter ruling will be
issued.
(2) Answer is not reasonably certain.The Service will consider all letter ruling requests
and use its best efforts to issue a letter ruling even if the answer does not seem reasonably
certain where the issuance of a letter ruling is in the best interest of tax administration.
(3) Issue cannot be readily resolved before a regulation or any other published
guidance is issued.A letter ruling will not be issued if the letter ruling request presents an
issue that cannot be readily resolved before a regulation or any other published guidance is
issued.
Issues in prior return.06 The national office ordinarily does not issue rulings if, at the time the ruling is
requested, the identical issue is involved in the taxpayer’s return for an earlier period, and
that issue—
(1) is being examined by a key district director,
(2) is being considered by an appeals office,
(3) is pending in litigation in a case involving the taxpayer or related taxpayer, or
(4) has been examined by a key district director or considered by an appeals office, and
the statutory period of limitation has not expired for either assessment or filing a claim for a
refund or a closing agreement covering the issue of liability has not been entered into by a
key district director or by an appeals office.
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If a return dealing with an issue for a particular year is filed while a request for a ruling
on that issue is pending, the national office will issue the ruling unless it is notified by the
taxpayer that an examination of that issue or the identical issue on an earlier year’s return
has been started by a key district director. See section 9.05. However, even if an
examination has begun, the national office ordinarily will issue the letter ruling if the key
district director agrees, by memorandum, to permit the ruling to be issued.
Generally not to business
associations or groups
.07 The national office does not issue letter rulings to business, trade, or industrial
associations or to similar groups concerning the application of the tax laws to members of
the group. But groups and associations may submit suggestions of generic issues that would
be appropriately addressed in revenue rulings. See Rev. Proc. 89–14, which states objectives
of, and standards for, the publication of revenue rulings and revenue procedures in the
Internal Revenue Bulletin.
The national office, however, may issue letter rulings to groups or associations on their
own tax status or liability if the request meets the requirements of this revenue procedure.
Generally not to foreign
governments
.08 The national office does not issue letter rulings to foreign governments or their
political subdivisions about the U.S. tax effects of their laws. However, the national office
may issue letter rulings to foreign governments or their political subdivisions on their own
tax status or liability under U.S. law if the request meets the requirements of this revenue
procedure.
Generally not on federal tax
consequences of proposed
legislation
.09 The national office does not issue letter rulings on a matter involving the federal tax
consequences of any proposed federal, state, local, municipal, or foreign legislation. The
national office, however, may provide general information in response to an inquiry.
SECTION 7. UNDER WHAT
CIRCUMSTANCES DO KEY
DISTRICT DIRECTORS ISSUE
DETERMINATION LETTERS?
Circumstances under which
determination letters are
issued by the key district
director
.01 Key district directors issue determination letters only if the question presented is
specifically answered by a statute, tax treaty, or regulation, or by a conclusion stated in a
revenue ruling, opinion, or court decision published in the Internal Revenue Bulletin.
In general.02 In employee plans and exempt organizations matters, key district directors issue
determination letters in response to taxpayers’ written requests on completed transactions
that affect returns over which they have examination jurisdiction. However, see section
13.08 of this revenue procedure. A determination letter usually is not issued for a question
concerning a return to be filed by the taxpayer if the same question is involved in a return
under examination.
In situations involving continuing transactions, such as whether an ongoing activity is an
unrelated trade or business, the national office would issue a ruling covering future tax
periods and periods for which a return had not yet been filed.
Key district directors do not issue determination letters on the tax consequences of
proposed transactions, except as provided in sections 7.03 and 7.04 below.
In employee plans matters.03 In employee plans matters, key district directors issue determination letters on the
qualified status of employee plans under §§ 401, 403(a), 409 and 4975(e)(7), and the
exempt status of any related trust under § 501. See Rev. Proc. 97–6, this Bulletin, Rev.
Proc. 93–10, Rev. Proc. 93–12, and Rev. Proc. 93–39 (as superseded in part by section
23.01 of Rev. Proc. 96–6).
In exempt organizations
matters
.04 In exempt organizations matters, the key district directors issue determination letters
involving:
(1) Qualification for exempt status of organizations described in §§ 501 and 521 to the
extent provided in Rev. Proc. 90–27, 1990–1 C.B. 514, as modified by Rev. Proc. 97–8;
(2) Classification of private foundation status as provided in Rev. Proc. 76–34, 1976–2
C.B. 656;
(3) Recognition of unusual grants to certain organizations under §§ 170(b)(1)(A)(vi) and
509(a)(2);
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(4) Requests for relief under § 301.9100–1T of the temporary Procedure and
Administration Regulations in connection with applications for recognition of exemption;
(5) Advance approval under § 4945 of organizations’ grant making procedures whose
determination letter requests or applications disclose (or who have otherwise properly
disclosed) a grant program or plans to conduct such a program. If questions arise regarding
grant-making procedures that cannot be resolved on the basis of law, regulations, a clearly
applicable revenue ruling, or other published precedent, the key district director will forward
the matter to the national office for technical advice;
(6) Whether certain organizations are excepted from filing annual information returns
under § 6033 as provided in Rev. Procs. 83–23, 1983–1 C.B. 687, 86–23, 1986–1 C.B. 564,
and 95–48, 1995–2 C.B. 418; and
(7) Whether certain organizations qualify as exempt operating foundations described in
§ 4940(d).
Circumstances under which
determination letters are not
issued by the key district
director
.05 A key district director will not issue a determination letter in response to any request
if—
(1) it appears that the taxpayer has directed a similar inquiry to the national office;
(2) the same issue involving the same taxpayer or a related taxpayer is pending in a case
in litigation or before an appeals office;
(3) the determination letter is requested by an industry, trade association, or similar group
on behalf of individual taxpayers within the group (other than subordinate organizations
covered by a group exemption letter); or
(4) the request involves an industry-wide problem.
Under no circumstances will a key district director issue a determination letter unless it is
clearly shown that the request concerns a return that has been filed or is required to be filed
and over which the key district director has, or will have, examination jurisdiction.
Requests involving returns
already filed
.06 A request received by a key district director on a question concerning a return that is
under examination, will be, in general, considered in connection with the examination of the
return. If a response is made to the request before the return is examined, it will be
considered a tentative finding in any later examination of that return.
Attach a copy of
determination letter to
taxpayer’s return
.07 A taxpayer who, before filing a return, receives a determination letter about any
transaction that has been consummated and that is relevant to the return being filed should
attach a copy of the determination letter to the return when it is filed.
Review of determination
letters
.08 Determination letters issued under sections 7.02 through 7.04 of this revenue
procedure are not reviewed by the national office before they are issued. If a taxpayer
believes that a determination letter of this type is in error, the taxpayer may ask the key
district director to reconsider the matter or to request technical advice from the national
office as explained in Rev. Proc. 97–5, this Bulletin.
(1) In employee plans matters, the procedures for review of determination letters relating
to the qualification of employee plans involving §§ 401 and 403(a) of the Code are
provided in Rev. Proc. 97–6, Rev. Proc. 93–10, Rev. Proc. 93–12, and Rev. Proc. 93–39 (as
superseded in part by section 23.01 of Rev. Proc. 96–6).
(2)
In exempt organizations matters, the procedures for the review of determination letters
relating to the exemption from federal income tax of certain organizations under §§ 501 and
521 of the Code are provided in Rev. Proc. 90–27, as modified by Rev. Proc. 97–8.
SECTION 8. UNDER WHAT
CIRCUMSTANCES DOES THE
SERVICE HAVE DISCRETION
TO ISSUE LETTER RULINGS
AND DETERMINATION
LETTERS?
Ordinarily not in certain areas
because of factual nature of
the problem
.01 The Service ordinarily will not issue a letter ruling or determination letter in certain
areas because of the factual nature of the problem involved or because of other reasons. The
Service may decline to issue a letter ruling or a determination letter when appropriate in the
interest of sound tax administration or on other grounds whenever warranted by the facts or
circumstances of a particular case.
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Instead of issuing a letter ruling or determination letter, the national office or a key
district director may, when it is considered appropriate and in the best interests of the
Service, issue an information letter calling attention to well-established principles of tax law.
Not on alternative plans or
hypothetical situations
.02 A letter ruling or a determination letter will not be issued on alternative plans of
proposed transactions or on hypothetical situations.
Ordinarily not on part of an
integrated transaction
.03 The national office ordinarily will not issue a letter ruling on only part of an
integrated transaction. If, however, a part of a transaction falls under a no-rule area, a letter
ruling on other parts of the transaction may be issued. Before preparing the letter ruling
request, a taxpayer should call the branch having jurisdiction for the matters on which the
taxpayer is seeking a letter ruling to discuss whether the national office will issue a letter
ruling on part of the transaction.
Not on partial terminations of
employee plans
.04 The national office will not issue a letter ruling on the partial termination of an
employee plan. Determinations involving the partial termination of an employee plan are
within the jurisdiction of the appropriate key district office.
Law requires ruling letter.05 The national office will issue rulings on prospective or future transactions if the law
or regulations require a determination of the effect of a proposed transaction for tax
purposes.
Issues under consideration by
PBGC or DOL
.06 A letter ruling or determination letter relating to an issue that is being considered by
the Pension Benefit Guaranty Corporation (PBGC) or the Department of Labor (DOL), and
involves the same taxpayer, shall be issued at the discretion of the Service.
Cafeteria plans.07 The Service does not issue letter rulings or determination letters on whether a
cafeteria plan satisfies the requirements of § 125 of the Code.See alsoRev. Proc. 97–3,
also in this Bulletin, for areas under the jurisdiction of the Associate Chief Counsel
(Domestic) involving cafeteria plans in which advance rulings or determination letters will
not be issued.
Determination letters.08Seesection 3.02 of Rev. Proc. 97–6 for employee plans matters on which
determination letters will not be issued.
Domicile in a foreign
jurisdiction
.09
(1) The Service is ordinarily unwilling to rule in situations where a taxpayer or a related
party is domiciled or organized in a foreign jurisdiction with which the United States does
not have an effective mechanism for obtaining tax information with respect to civil tax
examinations and criminal investigations, which would preclude the Service from obtaining
information located in such jurisdiction that is relevant to the analysis or examination of the
tax issues involved in the ruling request.
(2) The provisions of subsection 8.09(1) above shall not apply if the taxpayer or affected
related party (a) consents to the disclosure of all relevant information requested by the
Service in processing the ruling request or in the course of an examination to verify the
accuracy of the representations made and to otherwise analyze or examine the tax issues
involved in the ruling request, and (b) waives all claims to protection of bank or
commercial secrecy laws in the foreign jurisdiction with respect to the information
requested by the Service. In the event the taxpayer’s or related party’s consent to disclose
relevant information or to waive protection of bank or commercial secrecy is determined by
the Service to be ineffective or of no force and effect, then the Service may retroactively
rescind any ruling rendered in reliance on such consent.
SECTION 9. WHAT ARE THE
GENERAL INSTRUCTIONS
FOR REQUESTING LETTER
RULINGS AND
DETERMINATION LETTERS?
In general.01 This section explains the general instructions for requesting letter rulings and
determination letters on all matters. Requests for letter rulings and determination letters
require the payment of the applicable user fee discussed in section 9.02(14) of this revenue
procedure.
Specific and additional instructions also apply to requests for letter rulings and
determination letters on certain matters. Those matters are listed in section 10 of this
revenue procedure followed by a reference (usually to another revenue procedure) where
more information can be obtained.
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Certain information required
in all requests
.02
Facts(1) Complete statement of facts and other information.Each request for a letter ruling
or a determination letter must contain a complete statement of all facts relating to the
transaction. These facts include—
(a) names, addresses, telephone numbers, and taxpayer identification numbers of all
interested parties. (The term ‘‘all interested parties’’ does not mean all shareholders of a
widely held corporation requesting a letter ruling relating to a reorganization, or all
employees where a large number may be involved.);
(b) the location of the key district office that has or will have examination jurisdiction
over the return (not the service center where the return is filed);
(c) a complete statement of the business reasons for the transaction; and
(d) a detailed description of the transaction.
The Service will usually not rule on only one step of a larger integrated transaction.See
section 8.03 of this revenue procedure. However, if such a letter ruling is requested, the
facts, circumstances, true copies of relevant documents, etc., relating to the entire
transaction must be submitted.
Documents(2) Copies of all contracts, wills, deeds, agreements, instruments, plan documents,
and other documents.True copies of all contracts, wills, deeds, agreements, instruments,
plan documents, trust documents, proposed disclaimers, and other documents pertinent to
the transaction must be submitted with the request.
Each document, other than the request, should be labelled alphabetically and attached to
the request in alphabetical order. Original documents, such as contracts, wills, etc., should
not be submitted because they become part of the Service’s file and will not be returned.
Analysis of material facts(3) Analysis of material facts.All material facts in documents must be included rather
than merely incorporated by reference, in the taxpayer’s initial request or in supplemental
letters. These facts must be accompanied by an analysis of their bearing on the issue or
issues, specifying the provisions that apply.
Same issue in an earlier
return
(4) Statement regarding whether same issue is in an earlier return.The request must
state whether, to the best of the knowledge of both the taxpayer and the taxpayer’s
representatives, the same issue is in an earlier return of the taxpayer (or in a return for any
year of a related taxpayer within the meaning of § 267, or of a member of an affiliated
group of which the taxpayer is also a member within the meaning of § 1504).
If the statement is affirmative, it must specify whether the issue—
(a) is being examined by a key district director;
(b) has been examined and if so, whether or not the statutory period of limitations has
expired for either assessing tax or filing a claim for refund or credit of tax;
(c) has been examined and if so, whether or not a closing agreement covering the issue
or liability has been entered into by a key district director;
(d) is being considered by an appeals office in connection with a return from an earlier
period;
(e) has been considered by an appeals office in connection with a return from an earlier
period and if so, whether or not the statutory period of limitations has expired for either
assessing tax or filing a claim for refund or credit of tax;
(f) has been considered by an appeals office in connection with a return from an earlier
period and whether or not a closing agreement covering the issue or liability has been
entered into by an appeals office;
(g) is pending in litigation in a case involving the taxpayer or a related taxpayer; or
(h) in employee plans matters, is being considered by the Pension Benefit Guaranty
Corporation or the Department of Labor.
Same or similar issue
previously submitted or
currently pending
(5) Statement regarding whether same or similar issue was previously ruled on or
requested, or is currently pending.The request must also state whether, to the best of the
knowledge of both the taxpayer and the taxpayer’s representatives—
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(a) the Service previously ruled on the same or similar issue for the taxpayer (or a
related taxpayer within the meaning of § 267, or a member of an affiliated group of which
the taxpayer is also a member within the meaning of § 1504) or a predecessor;
(b) the taxpayer, a related taxpayer, a predecessor, or any representatives previously
submitted the same or similar issue to the Service but withdrew the request before a letter
ruling or determination letter was issued;
(c) the taxpayer, a related taxpayer, or a predecessor previously submitted a request
involving the same or a similar issue that is currently pending with the Service; or
(d) at the same time as this request, the taxpayer or a related taxpayer is presently
submitting another request involving the same or a similar issue to the Service.
If the statement is affirmative for (a), (b), (c), or (d) of this section 9.02(5), the statement
must give the date the request was submitted, the date the request was withdrawn or ruled
on, if applicable, and other details of the Service’s consideration of the issue.
Statement of authorities
supporting taxpayer’s views
(6) Statement of supporting authorities.If the taxpayer advocates a particular
conclusion, an explanation of the grounds for that conclusion and the relevant authorities to
support it must also be included. Even if not advocating a particular tax treatment of a
proposed transaction, the taxpayer must still furnish views on the tax results of the proposed
transaction and a statement of relevant authorities to support those views.
In all events, the request must include a statement of whether the law in connection with
the request is uncertain and whether the issue is adequately addressed by relevant
authorities.
Statement of authorities
contrary to taxpayer’s views
(7) Statement of contrary authorities.The taxpayer is also encouraged to inform the
Service about, and discuss the implications of, any authority believed to be contrary to the
position advanced, such as legislation (or pending legislation), tax treaties, court decisions,
regulations, notices, revenue rulings, revenue procedures or announcements. If the taxpayer
determines that there are no contrary authorities, a statement in the request to this effect
would be helpful. If the taxpayer does not furnish either contrary authorities or a statement
that none exists, the Service in complex cases or those presenting difficult or novel issues
may request submission of contrary authorities or a statement that none exists. Failure to
comply with this request may result in the Service’s refusal to issue a letter ruling or
determination letter.
Identifying and discussing contrary authorities will generally enable Service personnel to
understand the issue and relevant authorities more quickly. When Service personnel receive
the request, they will have before them the taxpayer’s thinking on the effect and
applicability of contrary authorities. This information should make research easier and lead
to earlier action by the Service. If the taxpayer does not disclose and distinguish significant
contrary authorities, the Service may need to request additional information, which will
delay action on the request.
Statement identifying pending
legislation
(8) Statement identifying pending legislation.At the time of filing the request, the
taxpayer must identify any pending legislation that may affect the proposed transaction. In
addition, if legislation is introduced after the request is filed but before a letter ruling or
determination letter is issued, the taxpayer must notify the Service.
Deletions statement required
by § 6110
(9) Statement identifying information to be deleted from copy of letter ruling or
determination letter for public inspection.The text of certain letter rulings and
determination letters is open to public inspection under § 6110. The Service makes
deletions from the text before it is made available for inspection. To help the Service make
the deletions required by § 6110(c), a request for a letter ruling or determination letter must
be accompanied by a statement indicating the deletions desired (‘‘deletions statement’’). If
the deletions statement is not submitted with the request, a Service representative will tell
the taxpayer that the request will be closed if the Service does not receive the deletions
statement within 30 calendar days.Seesection 11.03 of this revenue procedure.
(a) Format of deletions statement.A taxpayer who wants only names, addresses, and
identifying numbers to be deleted should state this in the deletions statement. If the taxpayer
wants more information deleted, the deletion’s statement must be accompanied by a copy of
the request and supporting documents on which the taxpayer should bracket the material to
be deleted. The deletions statement must indicate the statutory basis under § 6110(c) for
each proposed deletion.
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If the taxpayer decides to ask for additional deletions before the letter ruling or
determination letter is issued, additional deletions statements may be submitted.
(b) Location of deletions statement.The deletions statement must not appear in the
request, but instead must be made in a separate document and placed on top of the request
for a letter ruling or determination letter.
(c) Signature.The deletions statement must be signed and dated by the taxpayer or the
taxpayer’s authorized representative. A stamped signature is not permitted.
(d) Additional information.The taxpayer should follow the same procedures above to
propose deletions from any additional information submitted after the initial request. An
additional deletions statement, however, is not required with each submission of additional
information if the taxpayer’s initial deletions statement requests that only names, addresses,
and identifying numbers are to be deleted and the taxpayer wants only the same information
deleted from the additional information.
(e) Taxpayer may protest deletions not made.After receiving from the Service the
notice under § 6110(f)(1) of intention to disclose the letter ruling or determination letter
(including a copy of the version proposed to be open to public inspection and notation of
third-party communications under § 6110(d)), the taxpayer may protest the disclosure of
certain information in the letter ruling or determination letter. The taxpayer must send a
written statement within 20 calendar days to the Service office indicated on the notice of
intention to disclose. The statement must identify those deletions that the Service has not
made, and that the taxpayer believes should have been made. The taxpayer must also submit
a copy of the version of the letter ruling or determination letter and bracket the deletions
proposed that have not been made by the Service. Generally, the Service will not consider
deleting any material that the taxpayer did not propose to be deleted before the letter ruling
or determination letter was issued.
Within 20 calendar days after the Service receives the response to the notice under
§ 6110(f)(1), the Service will mail to the taxpayer its final administrative conclusion
regarding the deletions to be made. The taxpayer does not have the right to a conference to
resolve any disagreements concerning material to be deleted from the text of the letter
ruling or determination letter. However, these matters may be taken up at any conference
that is otherwise scheduled regarding the request.
(f) Taxpayer may request delay of public inspection.After receiving the notice under
§ 6110(f)(1) of intention to disclose, but within 60 calendar days after the date of notice,
the taxpayer may send a request for delay of public inspection under either § 6110(g)(3) or
(4). The request for delay must be sent to the Service office indicated on the notice of
intention to disclose. A request for delay under § 6110(g)(3) must contain the date on which
it is expected that the underlying transaction will be completed. The request for delay under
§ 6110(g)(4) must contain a statement from which the Commissioner of Internal Revenue
may determine that there are good reasons for the delay.
Section 6110(k)(1) states that § 6110 disclosure provisions do not apply to any matter to
which § 6104 applies. Therefore, letter rulings, determination letters, technical advice
memoranda, and related background file documents dealing with the following matters
(covered by § 6104) are not subject to § 6110 disclosure provisions—
(i) An application for exemption under § 501(a) as an organization described in § 501(c)
or (d), or any application filed with respect to the qualification of a pension, profit-sharing
or stock bonus plan, or an individual retirement account, whether the plan or account has
more than 25 or less than 26 participants, or any application for exemption under § 501(a)
by an organization forming part of such a plan or account;
(ii) Any document issued by the Internal Revenue Service in which the qualification or
exempt status of an organization, plan, or account is granted, denied, or revoked or the
portion of any document in which technical advice with respect thereto is given to a key
district director;
(iii) Any application filed and any document issued by the Internal Revenue Service with
respect to the qualification or status of national office master and prototype plans and
regional prototype plans;
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(iv) The portion of any document issued by the Internal Revenue Service with respect to
the qualification or exempt status of an organization, plan, or account, of a proposed
transaction by such organizations, plan, or account; and
(v) Any document issued by the Internal Revenue Service in which is discussed the
status of an organization under § 509(a) or § 4942(j)(3), other than one issued to a
nonexempt charitable trust described in § 4947(a)(1). This includes documents discussing
the termination of private foundation status under § 507.
Signature on request(10) Signature by taxpayer or authorized representative.The request for a letter
ruling or determination letter must be signed and dated by the taxpayer or the taxpayer’s
authorized representative. A stamped signature is not permitted.
Authorized representatives(11) Authorized representatives.To sign the request or to appear before the Service in
connection with the request, the representative must be:
Attorney(a) An attorney who is a member in good standing of the bar of the highest court of any
state, possession, territory, commonwealth, or the District of Columbia and who is not
currently under suspension or disbarment from practice before the Service. He or she must
file a written declaration with the Service showing current qualification as an attorney and
current authorization to represent the taxpayer;
Certified public accountant(b) A certified public accountant who is qualified to practice in any state, possession,
territory, commonwealth, or the District of Columbia and who is not currently under
suspension or disbarment from practice before the Service. He or she must file a written
declaration with the Service showing current qualification as a certified public accountant
and current authorization to represent the taxpayer;
Enrolled agent(c) An enrolled agent who is a person, other than an attorney or certified public
accountant, that is currently enrolled to practice before the Service and is not currently
under suspension or disbarment from practice before the Service, including a person
enrolled to practice only for employee plans matters. He or she must file a written
declaration with the Service showing current enrollment and authorization to represent the
taxpayer. Either the enrollment number or the expiration date of the enrollment card must
be included in the declaration. For the rules on who may practice before the Service, see
Treasury Department Circular No. 230 (31 C.F.R. part 10 (1996));
Enrolled actuary(d) An enrolled actuary who is a person enrolled as an actuary by the Joint Board for the
Enrollment of Actuaries pursuant to 29 U.S.C. 1242 and qualified to practice in any state,
possession, territory, commonwealth, or the District of Columbia and who is not currently
under suspension or disbarment from practice before the Service. He or she must file a
written declaration with the Service showing current qualification as an enrolled actuary and
current authorization to represent the taxpayer. Practice as an enrolled actuary is limited to
representation with respect to issues involving the following statutory provisions: §§ 401,
403(a), 404, 412, 413, 414, 4971, 6057, 6058, 6059, 6652(e), 6652(f), 6692, 7805(b), and
29 U.S.C. 1083;
A person with a ‘‘Letter of
Authorization’’
(e) Any other person, including a foreign representative who has received a ‘‘Letter of
Authorization’’ from the Director of Practice under section 10.7(d) of Treasury Department
Circular No. 230. A person may make a written request for a ‘‘Letter of Authorization’’ to:
Office of Director of Practice, HR:DP, Internal Revenue Service, 1111 Constitution Avenue,
N.W., Washington, DC 20224. Section 10.7(d) of Circular No. 230 authorizes the
Commissioner to allow an individual who is not otherwise eligible to practice before the
Service to represent another person in a particular matter.
Employee, general partner,
bona fide officer,
administrator, trustee, etc.
(f) The above requirements do not apply to a regular full-time employee representing his
or her employer, to a general partner representing his or her partnership, to a bona fide
officer representing his or her corporation, association, or organized group, or to a trustee,
receiver, guardian, personal representative, administrator, or executor representing a trust,
receivership, guardianship, or estate. A preparer of a return (other than a person referred to
in paragraph (a), (b), (c), (d) or (e) of this section 9.02(11)) who is not a full-time
employee, general partner, a bona fide officer, or an administrator, trustee, etc., may not
represent a taxpayer in connection with a letter ruling, determination letter or a technical
advice request.Seesection 10.7(c) of Treasury Department Circular No. 230.
Foreign representative(g) A foreign representative (other than a person referred to in paragraph (a), (b), (c), (d)
or (e) of this section 9.02(11)) is not authorized to practice before the Service and,
therefore, must withdraw from representing a taxpayer in a request for a letter ruling or a
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determination letter. In this situation, the nonresident alien or foreign entity must submit the
request for a letter ruling or a determination letter on the individual’s or entity’s own behalf
or through a person referred to in paragraph (a), (b), (c), (d) or (e) of this section 9.02(11).
Power of attorney and
declaration of representative
(12) Power of attorney and declaration of representative.Any authorized representa-
tive, whether or not enrolled to practice, must also comply with the conference and practice
requirements of the Statement of Procedural Rules (26 C.F.R. § 601.501–601.509 (1996)),
which provide the rules for representing a taxpayer before the Service.
It is preferred that Form 2848, Power of Attorney and Declaration of Representative, be
used to provide the representative’s authorization (Part I of Form 2848, Power of Attorney)
and the representative’s qualification (Part II of Form 2848, Declaration of Representative).
The name of the person signing Part I of Form 2848 should also be typed or printed on this
form. A stamped signature is not permitted. For additional information regarding the power
of attorney form, see section 9.03(2) of this revenue procedure.
For the requirement regarding compliance with Treasury Department Circular No. 230,
see section 9.09 of this revenue procedure.
Penalties of perjury
statement
(13) Penalties of perjury statement.
(a) Format of penalties of perjury statement.A request for a letter ruling or
determination letter and any factual information or change in the ruling request submitted at
a later time must be accompanied by the following declaration:‘‘Under penalties of
perjury, I declare that I have examined this request, including accompanying
documents, and, to the best of my knowledge and belief, the request contains all the
relevant facts relating to the request, and such facts are true, correct, and complete.’’
A taxpayer who submits additional factual information on several occasions may provide
one declaration subsequent to all submissions that refers to all submissions.
(b) Signature by taxpayer.The declaration must be signed and dated by the taxpayer,
not the taxpayer’s representative. A stamped signature is not permitted.
The person who signs for a corporate taxpayer must be an officer of the corporate
taxpayer who has personal knowledge of the facts, and whose duties are not limited to
obtaining a letter ruling or determination letter from the Service. If the corporate taxpayer is
a member of an affiliated group filing consolidated returns, a penalties of perjury statement
must also be signed and submitted by an officer of the common parent of the group.
The person signing for a trust or partnership must be a trustee or general partner who has
personal knowledge of the facts.
Applicable user fee(14) Applicable user fee.Section 10511 of the Revenue Act of 1987, Pub. L. No.
100–203, 101 Stat. 1330–382, 1330–446, enacted December 22, 1987, as amended by
§ 11319 of the Omnibus Budget Reconciliation Act of 1990, 1991–2 C.B. 481, 511, enacted
November 5, 1990, by § 743 of the Uruguay Round Agreements Act, 1995–1 C.B. 230,
239, enacted December 8, 1994, and by § 2 of the Tax Relief to Operation Joint Endeavor
Participants Act, Pub. L. No. 104–117, 110 Stat. 827, 828, enacted March 20, 1996, requires
taxpayers to pay user fees for requests for rulings, opinion letters, determination letters, and
similar requests. Rev. Proc. 97–8, page 187, this Bulletin, contains the schedule of fees for
each type of request under the jurisdiction of the Assistant Commissioner (Employee Plans
and Exempt Organizations) and provides guidance for administering the user fee
requirements. If two or more taxpayers are parties to a transaction and each requests a letter
ruling, each taxpayer must satisfy the rules herein and additional user fees may apply.
Number of copies of request
to be submitted
(15) Number of copies of request to be submitted.Generally a taxpayer needs only to
submit one copy of the request for a letter ruling or determination letter. If, however, more
than one issue is presented in the letter ruling request, the taxpayer is encouraged to submit
additional copies of the request.
Further, two copies of the request for a letter ruling or determination letter are required
if—
(a) the taxpayer is requesting separate letter rulings or determination letters on different
issues as explained later under section 9.03(1) of this revenue procedure;
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(b) the taxpayer is requesting deletions other than names, addresses, and identifying
numbers, as explained in section 9.02(9) of this revenue procedure. (One copy is the request
for the letter ruling or determination letter and the second copy is the deleted version of
such request.); or
(c) a closing agreement (as defined in section 3.03 of this revenue procedure) is being
requested on the issue presented.
Sample of a letter ruling
request
(16) Sample format for a letter ruling request.To assist a taxpayer or the taxpayer’s
representative in preparing a letter ruling request, a sample format for a letter ruling request
is provided in Appendix A. This format is not required to be used by the taxpayer or the
taxpayer’s representative. If the letter ruling request is not identical or similar to the format
in Appendix A, the different format will neither defer consideration of the letter ruling
request nor be cause for returning the request to the taxpayer or taxpayer’s representative.
Checklist(17) Checklist for letter ruling requests.The Service will be able to respond more
quickly to a taxpayer’s letter ruling request if it is carefully prepared and complete. The
checklist in Appendix B of this revenue procedure is designed to assist taxpayers in
preparing a request by reminding them of the essential information and documents to be
furnished with the request. The checklist in Appendix B must be completed to the extent
required by the instructions in the checklist, signed and dated by the taxpayer or the
taxpayer’s representative, and placed on top of the letter ruling request. If the checklist in
Appendix B is not received, a branch representative will ask the taxpayer or the taxpayer’s
representative to submit the checklist, which may delay action on the letter ruling request. A
photocopy of this checklist may be used.
Additional information
required in certain
circumstances
.03
Multiple issues(1) To request separate letter rulings for multiple issues in a single situation.If more
than one issue is presented in a request for a letter ruling, the Service generally will issue a
single ruling letter covering all the issues. However, if the taxpayer requests separate letter
rulings on any of the issues (because, for example, one letter ruling is needed sooner than
another), the Service will usually comply with the request unless it is not feasible or not in
the best interests of the Service to do so. A taxpayer who wants separate letter rulings on
multiple issues should make this clear in the request and submit two copies of the request.
In issuing each letter ruling, the Service will state that it has issued separate letter rulings
or that requests for other letter rulings are pending.
Power of attorney(2) To designate recipient of original or copy of letter ruling or determination letter.
Unless the power of attorney provides otherwise, the Service will send the original of the
letter ruling or determination letter to the taxpayer and a copy of the letter ruling or
determination letter to the taxpayer’s representative. In this case, the letter ruling or
determination letter is addressed to the taxpayer. It is preferred that Form 2848, Power of
Attorney and Declaration of Representative, be used to provide the representative’s
authorization. See section 9.02(12) of this revenue procedure.
Copies of letter ruling or
determination letter sent to
multiple representatives
(a) To have copies sent to multiple representatives.When a taxpayer has more than
one representative, the Service will send the copy of the letter ruling or determination letter
to the first representative named on the most recent power of attorney. If the taxpayer wants
an additional copy of the letter ruling or determination letter sent to the second
representative listed in the power of attorney, the taxpayer must check the appropriate box
on Form 2848. If this form is not used, the taxpayer must state in the power of attorney that
a copy of the letter ruling or determination letter is to be sent to the second representative
listed in the power of attorney. Copies of the letter ruling or determination letter, however,
will be sent to no more than two representatives.
Original of letter ruling or
determination letter sent to
taxpayer’s representative
(b) To have original sent to taxpayer’s representative.A taxpayer may request that the
original of the letter ruling or determination letter be sent to the taxpayer’s representative.
In this case, a copy of the letter ruling or determination letter will be sent to the taxpayer.
The letter ruling or determination letter is addressed to the taxpayer’s representative to
whom the original is sent.
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If the taxpayer wants the original of the letter ruling or determination letter sent to the
taxpayer’s representative, the taxpayer must check the appropriate box on Form 2848. If this
form is not used, the taxpayer must state in the power of attorney that the original of the
letter ruling or determination letter is to be sent to the taxpayer’s representative. When a
taxpayer has more than one representative, the Service will send the original of the letter
ruling or determination letter to the first representative named in the most recent power of
attorney.
No copy of letter ruling or
determination letter sent to
taxpayer’s representative
(c) To have no copy sent to taxpayer’s representative.If a taxpayer does not want a
copy of the letter ruling or determination letter sent to any representative, the taxpayer must
check the appropriate box on Form 2848. If this form is not used, the taxpayer must state in
the power of attorney that a copy of the letter ruling or determination letter is not to be sent
to any representative.
Expeditious handling(3) To request expeditious handling.The Service processes requests for letter rulings
and determination letters in order of the date received, and as expeditiously as possible. A
taxpayer who has a compelling need to have a request processed ahead of the regular order
must request expeditious handling. The request must be made in writing, preferably in a
separate letter with, or soon after filing, the request for the letter ruling or determination
letter. The request must explain the need for expeditious handling.
If the request for expeditious handling is not made in a separate letter, then the letter in
which the letter ruling or determination letter request is made should say, at the top of the
first page:‘‘Expeditious Handling Is Requested. See page
of this letter.’’
A request for expeditious handling will not be forwarded to a rulings branch for action
until the check or money order for the user fee in the correct amount is received.
The Service cannot give assurance that any letter ruling or determination letter will be
processed by the time requested. For example, the scheduling of a closing date for a
transaction or a meeting of the board of directors or shareholders of a corporation, without
regard for the time it may take to obtain a letter ruling or determination letter, will not be
considered a sufficient reason to process a request ahead of its regular order. Also, the
possible effect of fluctuation in the market price of stocks on a transaction will not be a
sufficient reason to process a request out of order. Accordingly, the Service urges taxpayers
to submit their requests well in advance of the contemplated transaction.
Facsimile transmission (fax)(4) To receive a letter ruling or submit a request for a letter ruling by facsimile
transmission (fax).
(a) To receive a letter ruling by fax.A letter ruling ordinarily is not sent by fax.
However, if the taxpayer requests, a copy of a letter ruling may be faxed to the taxpayer or
the taxpayer’s authorized representative. A letter ruling, however, is not issued until the
ruling is mailed.See§ 301.6110–2(h).
A request to fax a copy of the letter ruling to the taxpayer or the taxpayer’s authorized
representative must be made in writing, either as part of the original letter ruling request or
prior to the approval of the letter ruling. The request must contain the fax number of the
taxpayer or the taxpayer’s authorized representative to whom the letter ruling is to be faxed.
In addition, because of the nature of a fax transmission, a statement containing a waiver
of any disclosure violations resulting from the fax transmission must accompany the
request. Nevertheless, the national office will take certain precautions to protect confidential
information. For example, the national office will use a cover sheet that identifies the
intended recipient of the fax and the number of pages transmitted. The cover sheet, if
possible, will not identify the specific taxpayer by name, and it will be the first page
covering the letter ruling being faxed.
(b) To submit a request for a letter ruling by fax.Original letter ruling requests sent
by fax are discouraged because such requests must be treated in the same manner as
requests by letter. For example, the faxed letter ruling request will not be forwarded to the
applicable branch for action until the check for the user fee is received.
Requesting a conference(5) To request a conference.A taxpayer who wants to have a conference on the issues
involved should indicate this in writing when, or soon after, filing the request.See also
sections 12.01, 12.02, and 13.09(2) of this revenue procedure.
Address to send the request.04
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Requests for letter rulings(1) Requests for letter rulingsshould be sent to the following offices (as appropriate):
Employee Plans Division
Internal Revenue Service
Assistant Commissioner (EP/EO)
Attention: CP:E:EP:T
P.O. Box 14073, Ben Franklin Station
Washington, D.C. 20044
Exempt Organizations Division
Internal Revenue Service
Assistant Commissioner (EP/EO)
Attention: CP:E:EO:P:2
P.O. Box 120, Ben Franklin Station
Washington, D.C. 20044
The package should be marked: RULING REQUEST SUBMISSION. Requests may also
be hand delivered to Room 6052, 1111 Constitution Avenue, N.W., Washington, DC
between 8:30 a.m. and 4:00 p.m. on work days. After working hours, they may be hand
delivered to the drop box at the 12th Street entrance of the same building. No receipt will
be given at the drop box.
Requests for information
letters
(2) Requests for information letterson either exempt organizations matters or
employee plans matters should be sent to the Employee Plans Technical Branches or the
Exempt Organizations Technical Branches (as appropriate):
Internal Revenue Service
1111 Constitution Avenue, N.W.
Attention: CP:E:EO:P:2, Room 6052
Washington, DC 20224
Requests for determination
letters
(3) Requests for determination lettersshould be sent to the key district director whose
office has or will have examination jurisdiction over the taxpayer’s return. For fees required
with determination letter requests, see section 6 of Rev. Proc. 97–8.
Pending letter ruling requests.05
(1) Circumstances under which the taxpayer must notify the national office.The
taxpayer must notify the national office if, after the letter ruling request is filed but before a
letter ruling is issued, the taxpayer knows that—
(a) an examination of the issue or the identical issue on an earlier year’s return has been
started by a key district director;
(b) in employee plans matters, the issue is being considered by the Pension Benefit
Guaranty Corporation or the Department of Labor; or
(c) legislation that may affect the transaction is introduced (see section 9.02(8) of this
revenue procedure).
(2) Taxpayer must notify national office if return is filed and must attach request to
return.If the taxpayer files a return before a letter ruling is received from the national
office concerning the issue, the taxpayer must notify the national office that the return has
been filed. The taxpayer must also attach a copy of the letter ruling request to the return to
alert the key district office and thereby avoid premature key district action on the issue.
When to attach letter ruling to
return
.06 A taxpayer who receives a letter ruling before filing a return about any transaction
that is relevant to the return being filed must attach a copy of the letter ruling to the return
when it is filed.
How to check on status of
request
.07 The taxpayer or the taxpayer’s authorized representative may obtain information
regarding the status of a request by calling the person whose name and telephone number
are shown on the acknowledgement of receipt of the request.
Request may be withdrawn or
national office may decline to
issue letter ruling
.08
(1) In general.A taxpayer may withdraw a request for a letter ruling or determination
letter at any time before the letter ruling or determination letter is signed by the Service.
Correspondence and exhibits related to a request that is withdrawn or related to a letter
ruling request for which the national office declines to issue a letter ruling will not be
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returned to the taxpayer. See section 9.02(2) of this revenue procedure. In appropriate cases,
the Service may publish its conclusions in a revenue ruling or revenue procedure.
A request for a letter ruling will not be suspended in the national office at the request of
a taxpayer.
(2) Notification of key district director.If a taxpayer withdraws a request for a letter
ruling or if the national office declines to issue a letter ruling, the national office will notify
the appropriate key district director and may give its views on the issues in the request to
the appropriate key district director to consider in any later examination of the return.
(3) Refunds of user fee.The user fee will not be returned for a letter ruling request that
is withdrawn. If the national office declines to issue a letter ruling on all of the issues in the
request, the user fee will be returned. If the national office, however, issues a letter ruling
on some, but not all, of the issues, the user fee will not be returned.Seesection 10 of Rev.
Proc. 97–8 for additional information regarding refunds of user fees.
Compliance with Treasury
Department Circular No. 230
.09 The taxpayer’s authorized representative, whether or not enrolled, must comply with
Treasury Department Circular No. 230, which provides the rules for practice before the
Service. In those situations when the national office believes that the taxpayer’s
representative is not in compliance with Circular No. 230, the national office will bring the
matter to the attention of the Director of Practice.
For the requirement regarding compliance with the conference and practice requirements,
see section 9.02(12) of this revenue procedure.
SECTION 10. WHAT
SPECIFIC, ADDITIONAL
PROCEDURES APPLY TO
CERTAIN REQUESTS?
In general.01 Specific revenue procedures supplement the general instructions for requests
explained in section 9 of this revenue procedure and apply to requests for letter rulings or
determination letters regarding the Code sections and matters listed in this section.
Exempt Organizations.02 If the request is for the qualification of an organization for exemption from federal
income tax under § 501 or 521, see Rev. Proc. 72–5, 1972–1 C.B. 709, regarding religious
and apostolic organizations; Rev. Proc. 80–27, 1980–1 C.B. 677, concerning group
exemptions; and Rev. Proc. 90–27 1990–1 C.B. 514 (as modified by Rev. Proc. 97–8),
regarding applications for recognition of exemption.
Employee Plans.03
(1) For requests to obtain approval for a retroactive amendment described in § 412(c)(8)
of the Code and § 302(c)(8) of the Employee Retirement Income Security Act of 1974
(ERISA) that reduces accrued benefits, see Rev. Proc. 94–42, 1994–1 C.B. 717.
(2) For requests for a waiver of the minimum funding standard, see Rev. Proc. 94–41,
1994–1 C.B. 711.
(3) For requests for a waiver of the 100 percent tax imposed under § 4971(b) of the
Code on a pension plan that fails to meet the minimum funding standards of § 412 of the
Code, see Rev. Proc. 81–44, 1981–2 C.B. 618.
(4) For requests for a determination that a plan amendment is reasonable and provides
for only de minimis increases in plan liabilities in accordance with §§ 401(a)(33) and
412(f)(2)(A) of the Code, see Rev. Proc. 79–62, 1979–2 C.B. 576.
(5) For requests to obtain approval for an extension of an amortization period of any
unfunded liability in accordance with § 412(e) of the Code, see Rev. Proc. 79–61, 1979–2
C.B. 575.
(6) For requests by administrators or sponsors of a defined benefit plan to obtain
approval for a change in funding method, see Rev. Proc. 78–37, 1978–2 C.B. 540.
(7) For requests for the return to the employer of certain nondeductible contributions, see
Rev. Proc. 90–49, 1990–2 C.B. 620 (as modified by Rev. Proc. 97–8).
(8) For requests for determination letters for plans under §§ 401, 403(a), 409, and
4975(e)(7) of the Code, and for the exempt status of any related trust under § 501, see Rev.
Proc. 97–6, Rev. Proc. 93–10, Rev. Proc. 93–12, and Rev. Proc. 93–39 (as superseded in
part by section 23.01 of Rev. Proc. 96–6).
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SECTION 11. HOW DOES THE
NATIONAL OFFICE HANDLE
LETTER RULING REQUESTS?
In general.01 The national office will issue letter rulings on the matters and under the
circumstances explained in sections 4 and 6 of this revenue procedure and in the manner
explained in this section and section 13 of this revenue procedure.
Is not bound by informal
opinion expressed
.02 The Service will not be bound by the informal opinion expressed by the branch
representative or any other authorized Service representative under this procedure, and such
an opinion cannot be relied upon as a basis for obtaining retroactive relief under the
provisions of § 7805(b).
Tells taxpayer if request lacks
essential information during
initial contact
.03 If a request for a letter ruling or determination letter does not comply with all the
provisions of this revenue procedure, the request will be acknowledged and the Service
representative will tell the taxpayer during the initial contact which requirements have not
been met.
Information must be
submitted within 30 calendar
days
If the request lacks essential information, which may include additional information
needed to satisfy the procedural requirements of this revenue procedure, as well as
substantive changes to transactions or documents needed from the taxpayer, the branch
representative will tell the taxpayer during the initial contact that the request will be closed
if the Service does not receive the information within 30 calendar days unless an extension
of time is granted.Seesection 11.04 of this revenue procedure for information on extension
of time and instructions on submissions of additional information.
Letter ruling request
mistakenly sent to key district
director
A request for a letter ruling sent to the key district director that does not comply with the
provisions of this revenue procedure will be returned by the key district director so that the
taxpayer can make corrections before sending it to the national office.
Requires prompt submission
of additional information
requested after initial contact
.04 Material facts furnished to the Service by telephone or fax, or orally at a conference,
must be promptly confirmed by letter to the Service with a declaration that the information
is provided under penalties of perjury in the form described in section 9.02(13) of this
revenue procedure. This confirmation and any additional information requested by the
Service that is not part of the information requested during the initial contact must be
furnished within 21 calendar days to be considered part of the request.
Encourage use of fax(1) To facilitate prompt action on letter ruling requests, taxpayers are encouraged to
submit additional information by fax as soon as the information is available. The Service
representative who requests additional information can provide a telephone number to which
the information can be faxed. A copy of this information and a signed perjury statement,
however, must be mailed or delivered to the Service.
Address to send additional
information
(2) Additional information should be sent to the same address as the original letter ruling
request.Seesection 9.04. However, the additional information should include the name,
office symbols, and room number of the Service representative who requested the
information and the taxpayer’s name and the case control number (which the Service
representative can provide).
Number of copies of
additional information to be
submitted
(3) Generally, a taxpayer needs only to submit one copy of the additional information.
However, in appropriate cases, the national office may request additional copies of the
information.
30-day or 21-day period may
be extended if justified and
approved
(4) An extension of the 30-day period under section 11.03 or the 21-day period under
section 11.04, will be granted only if justified in writing by the taxpayer and approved by
the branch chief of the group to which the case is assigned. A request for extension should
be submitted before the end of the 30-day or 21-day period. If unusual circumstances close
to the end of the 30-day or 21-day period make a written request impractical, the taxpayer
should notify the national office within the 30-day or 21-day period that there is a problem
and that the written request for extension will be coming soon. The taxpayer will be told
promptly, and later in writing, of the approval or denial of the requested extension. If the
extension request is denied, there is no right of appeal.
If taxpayer does not submit
additional information
(5) If the taxpayer does not follow the instructions for submitting additional information
or requesting an extension within the time provided, a letter ruling will be issued on the
basis of the information on hand, or, if appropriate, no letter ruling will be issued. When the
Service decides not to issue a letter ruling because essential information is lacking, the case
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will be closed and the taxpayer notified in writing.If the Service receives the information
after the letter ruling request is closed, the request may be reopened and treated as a
new request. However, the taxpayer must pay another user fee before the case can be
reopened.
Near the completion of the
ruling process, advises
taxpayer of conclusions and,
if the Service will rule
adversely, offers the taxpayer
the opportunity to withdraw
the letter ruling request
.05 Generally, after the conference of right is held but before the letter ruling is issued,
the branch representative will inform the taxpayer or the taxpayer’s authorized
representative of the Service’s final conclusions. If the Service is going to rule adversely,
the taxpayer will be offered the opportunity to withdraw the letter ruling request. If the
taxpayer or the taxpayer’s representative does not promptly notify the branch representative
of a decision to withdraw the ruling request, the adverse letter will be issued. The user fee
will not be refunded for a letter ruling request that is withdrawn.Seesection 10 of Rev.
Proc. 97–8.
May request draft of
proposed letter ruling near
the completion of the ruling
process
.06 To accelerate issuance of letter rulings, in appropriate cases near the completion of
the ruling process, the Service representative may request that the taxpayer or the taxpayer’s
representative submit a proposed draft of the letter ruling on the basis of discussions of the
issues. The taxpayer, however, is not required to prepare a draft letter ruling in order to
receive a letter ruling.
The format of the submission should be discussed with the Service representative who
requests the draft letter ruling. The representative usually can provide a sample format of a
letter ruling and will discuss the facts, analysis, and letter ruling language to be included.
Taxpayer may also submit
draft on a word processing
disk
In addition to a typed draft, taxpayers are encouraged to submit this draft on a disk in
either Word Perfect 5.1 or ASCII. The typed draft will become part of the permanent files
of the national office, and the word processing disk will not be returned. If the Service
representative requesting the draft letter ruling cannot answer specific questions about the
format of the word processing disk, the questions can be directed to Alan Pipkin at (202)
622–8400 (Employee Plans), or Wayne Hardesty at (202) 622–7644 (Exempt Organizations)
(not toll-free calls).
The proposed letter ruling (both typed draft and word processing disk) should be sent to
the same address as any additional information and contain in the transmittal the
information that should be included with any additional information (for example, a
penalties of perjury statement is required).Seesection 11.04 of this revenue procedure.
SECTION 12. HOW ARE
CONFERENCES SCHEDULED?
Schedules a conference if
requested by taxpayer
.01 A taxpayer may request a conference regarding a letter ruling request. Normally, a
conference is scheduled only when the national office considers it to be helpful in deciding
the case or when an adverse decision is indicated. If conferences are being arranged for
more than one request for a letter ruling involving the same taxpayer, they will be
scheduled so as to cause the least inconvenience to the taxpayer. As stated in section 9.03(5)
of this revenue procedure, a taxpayer who wants to have a conference on the issue or issues
involved should indicate this in writing when, or soon after, filing the request.
If a conference has been requested, the taxpayer will be notified by telephone, if possible,
of the time and place of the conference, which must then be held within 21 calendar days
after this contact. Instructions for requesting an extension of the 21-day period and notifying
the taxpayer or the taxpayer’s representative of the Service’s approval or denial of the
request for extension are the same as those explained in section 11.04 of this revenue
procedure regarding providing additional information.
Permits taxpayer one
conference of right
.02 A taxpayer is entitled, as a matter of right, to only one conference in the national
office, except as explained under section 12.05 of this revenue procedure. This conference
normally will be held at the branch level and will be attended by a person who, at the time
of the conference, has the authority to sign the ruling letter in his or her own name or for
the branch chief.
When more than one branch has taken an adverse position on an issue in a letter ruling
request, or when the position ultimately adopted by one branch will affect that adopted by
another, a representative from each branch with the authority to sign in his or her own name
or for the branch chief will attend the conference. If more than one subject is to be
discussed at the conference, the discussion will constitute a conference on each subject.
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To have a thorough and informed discussion of the issues, the conference usually will be
held after the branch has had an opportunity to study the case. However, at the request of
the taxpayer, the conference of right may be held earlier.
No taxpayer has a right to appeal the action of a branch to the division director or to any
other official of the Service. But see section 12.05 of this revenue procedure for situations
in which the Service may offer additional conferences.
Disallows verbatim recording
of conferences
.03 Because conference procedures are informal, no tape, stenographic, or other verbatim
recording of a conference may be made by any party.
Makes tentative
recommendations on
substantive issues
.04 The senior Service representative present at the conference ensures that the taxpayer
has the opportunity to present views on all the issues in question. A Service representative
explains the Service’s tentative decision on the substantive issues and the reasons for that
decision. If the taxpayer asks the Service to limit the retroactive effect of any letter ruling
or limit the revocation or modification of a prior letter ruling, a Service representative will
discuss the recommendation concerning this issue and the reasons for the recommendation.
The Service representatives will not make a commitment regarding the conclusion that the
Service will finally adopt.
May offer additional
conferences
.05 The Service will offer the taxpayer an additional conference if, after the conference
of right, an adverse holding is proposed, but on a new issue, or on the same issue but on
different grounds from those discussed at the first conference. There is no right to another
conference when a proposed holding is reversed at a higher level with a result less
favorable to the taxpayer, if the grounds or arguments on which the reversal is based were
discussed at the conference of right.
The limit on the number of conferences to which a taxpayer is entitled does not prevent
the Service from offering additional conferences, including conferences with an official
higher than the branch level, if the Service decides they are needed. Such conferences are
not offered as a matter of course simply because the branch has reached an adverse
decision. In general, conferences with higher level officials are offered only if the Service
determines that the case presents significant issues of tax policy or tax administration and
that the consideration of these issues would be enhanced by additional conferences with the
taxpayer.
Requires written confirmation
of information presented at
conference
.06 The taxpayer should furnish to the national office any additional data, reasoning,
precedents, etc., that were proposed by the taxpayer and discussed at the conference but not
previously or adequately presented in writing. The taxpayer must furnish the additional
information within 21 calendar days from the date of the conference. See section 11.04 of
this revenue procedure for instructions on submission of additional information. If the
additional information is not received within that time, a ruling will be issued on the basis
of the information on hand or, if appropriate, no ruling will be issued.
Procedures for requesting an extension of the 21-day period and notifying the taxpayer or
the taxpayer’s representative of the Service’s approval or denial of the requested extension
are the same as those stated in section 11.04 of this revenue procedure regarding submitting
additional information.
May schedule a
pre-submission conference
.07 Sometimes it is advantageous to both the Service and the taxpayer to hold a
conference before the taxpayer submits the letter ruling request to discuss substantive or
procedural issues relating to a proposed transaction. Such conferences are held only when
the taxpayer actually intends to make a request and only on a time-available basis.
Generally, the taxpayer will be asked to provide a draft of the letter ruling request or other
detailed written description of the proposed transaction before the pre-submission
conference.
Any discussion of substantive issues at a pre-submission conference is advisory only, is
not binding on the Service, and cannot be relied upon as a basis for obtaining retroactive
relief under the provisions of § 7805(b). A letter ruling request submitted following a
pre-submission conference will not necessarily be assigned to the branch that held the
pre-submission conference.
Under limited circumstances,
may schedule a conference
to be held by telephone
.08 A taxpayer may request that their conference of right be held by telephone. This
request may occur, for example, when a taxpayer wants a conference of right but believes
that the issue involved does not warrant incurring the expense of traveling to Washington,
DC. If a taxpayer makes such a request, the branch chief will decide if it is appropriate in
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the particular case to hold the conference of right by telephone. If the request is approved
by the branch chief, the taxpayer will be advised when to call the Service representatives
(not a toll-free call).
SECTION 13. WHAT EFFECT
WILL A LETTER RULING
HAVE?
May be relied on subject to
limitations
.01 A taxpayer ordinarily may rely on a letter ruling received from the Service subject to
the conditions and limitations described in this section.
Will not apply to another
taxpayer
.02 A taxpayer may not rely on a letter ruling issued to another taxpayer.See
§ 6110(j)(3).
Will be used by a key district
director in examining the
taxpayer’s return
.03 When determining a taxpayer’s liability, the key district director must ascertain
whether—
(1) the conclusions stated in the letter ruling are properly reflected in the return;
(2) the representations upon which the letter ruling was based reflected an accurate
statement of the material facts;
(3) the transaction was carried out substantially as proposed; and
(4) there has been any change in the law that applies to the period during which the
transaction or continuing series of transactions were consummated.
If, when determining the liability, the key district director finds that a letter ruling should
be revoked or modified, unless a waiver is obtained from the national office, the findings
and recommendations of the key district director will be forwarded to the national office for
consideration before further action is taken by the key district director. Such a referral to the
national office will be treated as a request for technical advice and the procedures of Rev.
Proc. 97–5 will be followed. Otherwise, the letter ruling is to be applied by the key district
office in its determination of the taxpayer’s liability. Appropriate coordination with the
national office will be undertaken if any field official having jurisdiction over a return or
other matter proposes to reach a conclusion contrary to a letter ruling previously issued to
the taxpayer.
May be revoked or modified
if found to be in error
.04 Unless it was part of a closing agreement as described in section 3.03 of this revenue
procedure, a letter ruling found to be in error or not in accord with the current views of the
Service may be revoked or modified. If a letter ruling is revoked or modified, the
revocation or modification applies to all years open under the statute of limitations unless
the Service uses its discretionary authority under § 7805(b) to limit the retroactive effect of
the revocation or modification.
A letter ruling may be revoked or modified due to—
(1) a notice to the taxpayer to whom the letter ruling was issued;
(2) the enactment of legislation or ratification of a tax treaty;
(3) a decision of the United States Supreme Court;
(4) the issuance of temporary or final regulations; or
(5) the issuance of a revenue ruling, revenue procedure, notice, or other statement
published in the Internal Revenue Bulletin.
Consistent with these provisions, if a letter ruling relates to a continuing action or a series
of actions, it ordinarily will be applied until any one of the events described above occurs
or until it is specifically withdrawn.
Publication of a notice of proposed rulemaking will not affect the application of any letter
ruling issued under this revenue procedure.
Not generally revoked or
modified retroactively
.05 Except in rare or unusual circumstances, the revocation or modification of a letter
ruling will not be applied retroactively to the taxpayer for whom the letter ruling was issued
or to a taxpayer whose tax liability was directly involved in the letter ruling provided that—
(1) there has been no misstatement or omission of material facts;
(2) the facts at the time of the transaction are not materially different from the facts on
which the letter ruling was based;
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(3) there has been no change in the applicable law;
(4) the letter ruling was originally issued for a proposed transaction; and
(5) the taxpayer directly involved in the letter ruling acted in good faith in relying on the
letter ruling, and revoking or modifying the letter ruling retroactively would be to the
taxpayer’s detriment. For example, the tax liability of each employee covered by a ruling
relating to a qualified plan of an employer is directly involved in such ruling. However, the
tax liability of a member of an industry is not directly involved in a letter ruling issued to
another member and, therefore, the holding in a revocation or modification of a letter ruling
to one member of an industry may be retroactively applied to other members of the
industry. By the same reasoning, a tax practitioner may not extend to one client the
non-retroactive application of a revocation or modification of a letter ruling previously
issued to another client.
If a letter ruling is revoked or modified by letter with retroactive effect, the letter will,
except in fraud cases, state the grounds on which the letter ruling is being revoked or
modified and explain the reasons why it is being revoked or modified retroactively.
Retroactive effect of
revocation or modification
applied only to a particular
transaction
.06 A letter ruling issued on a particular transaction represents a holding of the Service
on that transaction only. It will not apply to a similar transaction in the same year or any
other year. And, except in unusual circumstances, the application of that letter ruling to the
transaction will not be affected by the later issuance of regulations (either temporary or
final), if conditions (1) through (5) in section 13.05 of this revenue procedure are met.
However, if a letter ruling on a transaction is later found to be in error or no longer in
accord with the position of the Service, it will not protect a similar transaction of the
taxpayer in the same year or later year.
Retroactive effect of
revocation or modification
applied to a continuing action
or series of actions
.07 If a letter ruling is issued covering a continuing action or series of actions and the
letter ruling is later found to be in error or no longer in accord with the position of the
Service, the Assistant Commissioner (Employee Plans and Exempt Organizations) ordinarily
will limit the retroactive effect of the revocation or modification to a date that is not earlier
than that on which the letter ruling is revoked or modified.
May be retroactively revoked
or modified when transaction
is completed without reliance
on the letter ruling
.08 A taxpayer is not protected against retroactive revocation or modification of a letter
ruling involving a completed transaction other than those described in section 13.07 of this
revenue procedure, because the taxpayer did not enter into the transaction relying on a letter
ruling.
Taxpayer may request that
retroactivity be limited
.09 Under § 7805(b), the Service may prescribe any extent to which a revocation or
modification of a letter ruling or determination letter will be applied without retroactive
effect.
A taxpayer to whom a letter ruling or determination letter has been issued may request
that the Assistant Commissioner (Employee Plans and Exempt Organizations) limit the
retroactive effect of any revocation or modification of the letter ruling or determination
letter.
Format of request(1) Request for relief under § 7805(b) must be made in required format.
A request to limit the retroactive effect of the revocation or modification of a letter ruling
must be in the general form of, and meet the general requirements for, a letter ruling
request. These requirements are given in section 9 of this revenue procedure. Specifically,
the request must also—
(a) state that it is being made under § 7805(b);
(b) state the relief sought;
(c) explain the reasons and arguments in support of the relief requested (including a
discussion of the five items listed in section 13.05 of this revenue procedure and any other
factors as they relate to the taxpayer’s particular situation); and
(d) include any documents bearing on the request.
A request that the Service limit the retroactive effect of a revocation or modification of a
letter ruling may be made in the form of a separate request for a letter ruling when, for
example, a revenue ruling has the effect of revoking or modifying a letter ruling previously
issued to the taxpayer, or when the Service notifies the taxpayer of a change in position that
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will have the effect of revoking or modifying the letter ruling. However, when notice is
given by the key district director during an examination of the taxpayer’s return or by the
chief, appeals office, during consideration of the taxpayer’s return before an appeals office,
a request to limit retroactive effect must be made in the form of a request for technical
advice as explained in section 18 of Rev. Proc. 97–5.
When germane to a pending letter ruling request, a request to limit the retroactive effect
of a revocation or modification of a letter ruling may be made as part of the request for the
letter ruling, either initially or at any time before the letter ruling is issued. When a letter
ruling that concerns a continuing transaction is revoked or modified by, for example, a
subsequent revenue ruling, a request to limit retroactive effect must be made before the
examination of the return that contains the transaction that is the subject of the letter ruling
request.
Consideration of relief under § 7805(b) will be included as one of the taxpayer’s steps in
exhausting administrative remedies only if the taxpayer has requested such relief in the
manner described in this revenue procedure. If the taxpayer does not complete the
applicable steps, the taxpayer will not have exhausted the taxpayer’s administrative
remedies as required by § 7428(b)(2) and § 7476(b)(3) and will, thus, be precluded from
seeking a declaratory judgment under § 7428 or § 7476. Where the taxpayer has requested
§ 7805(b) relief, the taxpayer’s administrative remedies will not be considered exhausted
until the national office has had a reasonable time to act upon the request.
Request for conference(2) Taxpayer may request a conference on application of § 7805(b).
A taxpayer who requests the application of § 7805(b) in a separate letter ruling request
has the right to a conference in the national office as explained in sections 12.01, 12.02,
12.03, 12.04 and 12.05 of this revenue procedure. If the request is made initially as part of
a pending letter ruling request or is made before the conference of right is held on the
substantive issues, the § 7805(b) issue will be discussed at the taxpayer’s one conference of
right as explained in section 12.02 of this revenue procedure. If the request for the
application of § 7805(b) relief is made as part of a pending letter ruling request after a
conference has been held on the substantive issue and the Service determines that there is
justification for having delayed the request, the taxpayer is entitled to one conference of
right concerning the application of § 7805(b), with the conference limited to discussion of
this issue only.
SECTION 14. WHAT EFFECT
WILL A DETERMINATION
LETTER HAVE?
Has same effect as a letter
ruling
.01 A determination letter issued by a key district director has the same effect as a letter
ruling issued to a taxpayer under section 13 of this revenue procedure.
If a key district director proposes to reach a conclusion contrary to that expressed in a
determination letter, he or she need not refer the matter to the national office as is required
for a letter ruling found to be in error. However, the key district director must refer the
matter to the national office if the key district director desires to have the revocation or
modification of the determination letter limited under § 7805(b).
Taxpayer may request that
retroactive effect of
revocation or modification be
limited
.02 A key district director does not have authority under § 7805(b) to limit the
revocation or modification of the determination letter. Therefore, if a key district director
proposes to revoke or modify a determination letter, the taxpayer may request limitation of
the retroactive effect of the revocation or modification by asking the key district director
who issued the determination letter to seek technical advice from the national office.See
section 18 of Rev. Proc. 97–5.
Format of request(1) Request for relief under § 7805(b) must be made in required format.
A taxpayer’s request to limit the retroactive effect of the revocation or modification of the
determination letter must be in the form of, and meet the general requirements for, a
technical advice request.Seesection 17.06 of Rev. Proc. 97–5. The request must also—
(a) state that it is being made under § 7805(b);
(b) state the relief sought;
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(c) explain the reasons and arguments in support of the relief sought (including a
discussion of the five items listed in section 13.05 of this revenue procedure and any other
factors as they relate to the taxpayer’s particular situation); and
(d) include any documents bearing on the request.
Request for conference(2) Taxpayer may request a conference on application of § 7805(b).
When technical advice is requested regarding the application of § 7805(b), the taxpayer
has the right to a conference in the national office to the same extent as does any taxpayer
who is the subject of a technical advice request. See section 10 of Rev. Proc. 97–5.
Exhaustion of administrative
remedies
(3) Taxpayer steps in exhausting administrative remedies.
Consideration of relief under § 7805(b) will be included as one of the taxpayer’s steps in
exhausting administrative remedies only if the taxpayer has requested such relief in the
manner described in this revenue procedure. If the taxpayer does not complete the
applicable steps, the taxpayer will not have exhausted the taxpayer’s administrative
remedies as required by § 7428(b)(2) and § 7476(b)(3) and will, thus, be precluded from
seeking a declaratory judgment under § 7428 or § 7476. Where the taxpayer has requested
§ 7805(b) relief, the taxpayer’s administrative remedies will not be considered exhausted
until the national office has had a reasonable time to act upon the request.
SECTION 15. UNDER WHAT
CIRCUMSTANCES ARE
MATTERS REFERRED
BETWEEN A KEY DISTRICT
OFFICE AND THE NATIONAL
OFFICE?
Requests for determination
letters
.01 Requests for determination letters received by key district directors that, under the
provisions of this revenue procedure, may not be issued by a key district office, will be
forwarded to the national office for reply. The key district office will notify the taxpayer
that the matter has been referred.
Key district directors will also refer to the national office any request for a determination
letter that in their judgement should have the attention of the national office.
No-rule areas.02 If the request involves an issue on which the Service will not issue a letter ruling or
determination letter, the request will not be forwarded to the national office. The key district
office will notify the taxpayer that the Service will not issue a letter ruling or a
determination letter on the issue. See section 8 of this revenue procedure for a description
of no-rule areas.
Requests for letter rulings.03 Requests for letter rulings received by the national office that, under section 6 of this
revenue procedure, may not be acted upon by the national office will be forwarded to the
key district office that has examination jurisdiction over the taxpayer’s return. The taxpayer
will be notified of this action. If the request is on an issue or in an area of the type
discussed in section 8 of this revenue procedure, and the Service decides not to issue a
letter ruling or an information letter, the national office will notify the taxpayer and will
then forward the request to the appropriate key district office for association with the related
return.
SECTION 16. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
Rev. Proc. 96–4 is superseded.
SECTION 17. EFFECTIVE
DATE
This revenue procedure is effective February 1, 1997.
SECTION 18. PAPERWORK
REDUCTION ACT
The collections of information contained in this revenue procedure have been reviewed
and approved by the Office of Management and Budget in accordance with the Paperwork
Reduction Act (44 U.S.C. § 3507) under control number 1545–1520.
An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays a valid control
number.
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The collections of information in this revenue procedure are in sections 7.07, 9.02, 9.03,
9.04, 9.05, 9.06, 10.02, 10.03, 11.03, 11.04(1)–(5), 11.06, 12.01, 12.06, 12.07, 13.09(1),
14.02(1), and in Appendix B. This information is required to evaluate and process the
request for a letter ruling or determination letter. In addition, this information will be used
to help the Service delete certain information from the text of the letter ruling or
determination letter before it is made available for public inspection, as required by § 6110.
The collections of information are required to obtain a letter ruling or determination letter.
The more likely respondents are business or other for-profit institutions.
The estimated total annual reporting and/or recordkeeping burden is 12,650 hours.
The estimated annual burden per respondent/recordkeeper varies from 15 minutes to 16
hours, depending on individual circumstances and the type of request involved, with an
estimated average burden of 6.01 hours. The estimated number of respondents and/or
recordkeepers is 2,103.
The estimated annual frequency of responses is one request per applicant, except that a
taxpayer requesting a letter ruling may also request a presubmission conference.
Books or records relating to a collection of information must be retained as long as their
contents may become material in the administration of any internal revenue law. Generally,
tax returns and tax return information are confidential, as required by § 6103.
DRAFTING INFORMATIONThe principal authors of this revenue procedure are Dave Flavin of the Exempt
Organizations Division and Lynette McCleary of the Employee Plans Division. For further
information regarding how this revenue procedure applies to employee plan matters, contact
the Employee Plans Division telephone assistance service between the hours of 1:30 and
4:00 p.m., Eastern Time, Monday through Thursday, on (202) 622–6074/75 (not a toll-free
call). Mrs. McCleary’s telephone number is (202) 622–6214 (not a toll-free call). For
exempt organization matters, please contact Mr. Flavin at (202) 622–7922 (not a toll-free
call).
INDEX
additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.02(9), 9.03, 11.03, 11.04
closing agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 3.03, 6.06(4), 9.02(4), 9.02(15), 13.04
conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sec. 9.02(9), 9.03(5), 12.01–.08, 13.09(2), 14.02(2)
disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.02(9)
exempt organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 6.01
expeditious handling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.03(3)
extension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 6.02, 6.04, 11.04, 12.01, 12.06
fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.03(4), 11.04
fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.02(14), 11.04(5)
hand delivered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.04(1)
information letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 3.07, 8.01, 15.03
no rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 8, 15.02
perjury statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sec. 9.02(13), 11.04, 11.06
power of attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.02(12), 9.03(2)
reliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 3.09, 11.02, 12.07, 13, 14
representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 3.09, 9.02(10)–(11), 9.03(2)
retroactive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 11.02, 12.04, 12.07, 13, 14
revenue ruling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sec. 3.08, 6.07, 13.04, 13.09(1)
section 6110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.02(9), 13.02
status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.07
technical advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 7.08, 13.03, 13.09(1), 14
telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.02(1), 11.04, 12.01, 12.08
where to send . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.04
withdraw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sec. 9.08
126

APPENDIX A
SAMPLE FORMAT FOR A
LETTER RULING REQUEST
(Insert the date of request)
Internal Revenue Service
Assistant Commissioner (EP/EO)
Attention: CP:E:EP:T
P.O. Box 14073
Ben Franklin Station
Washington, DC 20044
Dear Sir or Madam:
(Insert the name of the taxpayer) (the ‘‘Taxpayer’’) requests a ruling on the proper treatment of (insert the subject matter of
the letter ruling request) under § (insert the number) of the Internal Revenue Code.
[If the taxpayer is requesting expeditious handling, the letter ruling request must contain a statement to that effect. This
statement must explain the need for expeditious handling. See section 9.03(3).]
A. STATEMENT OF FACTS
1. Taxpayer Information
[Provide the statements required by sections 9.02(1)(a), (b), (c), and (d) of Rev. Proc. 97–4, 1997–1 I.R.B. 96.(Hereafter, all
references are to Rev. Proc. 97–4 unless otherwise noted.)]
For example, a taxpayer that maintains a qualified employee retirement plan and files an annual Form 5500 series of returns
may include the following statement to satisfy sections 9.02(1)(a), (b), (c), and (d):
The Taxpayer is a construction company with principal offices located at 100 Whatever Drive, Wherever, Maryland 12345,
and its telephone number is (123) 456–7890. The Taxpayer’s federal employer identification number is 00–1234567. The
Taxpayer uses the Form 5500 series of returns on a calendar year basis to report its qualified employee retirement plan and
trust.
The key district director of Internal Revenue for the Baltimore, Maryland district has audit jurisdiction over the Taxpayer’s
Federal tax returns.
2. Detailed Description of the Transaction.
[The ruling request must contain a complete statement of the facts relating to the transaction that is the subject of the letter
ruling request. This statement must include a detailed description of the transaction, including material facts in any
accompanying documents, and the business reasons for the transaction. See sections 9.02(1)(c), 9.02(1)(d), and 9.02(2).]
B. RULING REQUESTED
[The ruling request should contain a concise statement of the ruling requested by the taxpayer.]
C. STATEMENT OF LAW
[The ruling request must contain a statement of the law in support of the taxpayer’s views or conclusion, including any
authorities believed to be contrary to the position advanced in the ruling request. This statement must also identify any pending
legislation that may affect the proposed transaction. See sections 9.02(6), 9.02(7), and 9.02(8).]
D. ANALYSIS
[The ruling request must contain a discussion of the facts and an analysis of the law. See sections 9.02(3), 9.02(6), 9.02(7), and
9.02(8).]
E. CONCLUSION
[The ruling request should contain a statement of the taxpayer’s conclusion on the ruling requested.]
F. PROCEDURAL MATTERS
1. Rev. Proc. 97–4 Statements
a. [The statement required by section 9.02(4).]
b. [The statement required by section 9.02(5).]
c. [The statement required by section 9.02(6) regarding whether the law in connection with the letter ruling request is
uncertain and whether the issue is adequately addressed by relevant authorities.]
d. [The statement required by section 9.02(7) when the taxpayer determines that there are no contrary authorities.]
127

e. [If the taxpayer wants to have a conference on the issues involved in the letter ruling request, the ruling request should
contain a statement to that effect. See section 9.03(5).]
f. [If the taxpayer is requesting the letter ruling to be issued by fax, the ruling request should contain a statement to that
effect. This statement must also contain a waiver of any disclosure violations resulting from the fax transmission. See
section 9.03(4).]
g. [If the taxpayer is requesting separate letter rulings on multiple issues, the letter ruling request should contain a statement
to that effect. See section 9.03(1).]
2. Administrative
a. A Power of Attorney is enclosed. [See sections 9.02(12) and 9.03(2).]
b. The deletions statement and checklist required by Rev. Proc. 97–4 are enclosed. [See sections 9.02(9) and 9.02(17).]
c. The required user fee is enclosed. [See section 9.02(14).]
Very truly yours,
(Insert the name of the taxpayer or the
taxpayer’s authorized representative)
By:
SignatureDate
Typed or printed name of
person signing request
DECLARATION: [See section 9.02(13).]
Under penalties of perjury, I declare that I have examined this request, including accompanying documents, and to the best of
my knowledge and belief, the request contains all the relevant facts relating to the request and such facts are true, correct, and
complete.
(Insert the name of the taxpayer)
By:
SignatureTitleDate
Typed or printed name of
person signing declaration
128

APPENDIX B
CHECKLIST
IS YOUR RULING REQUEST COMPLETE?
INSTRUCTIONS
The Service will be able to respond more quickly to your letter ruling request if it is carefully prepared and complete. To
ensure that your request is in order, use this checklist. Complete the five items of information requested before the checklist.
Answer each question by circling ‘‘Yes,’’ ‘‘No,’’ or ‘‘N/A.’’ When a question contains a place for a page number, insert the
page number (or numbers) of the request that gives the information called for by a yes answer to a question.Sign and date the
checklist (as taxpayer or authorized representative) and place it on top of your request.
If you are an authorized representative submitting a request for a taxpayer, you must include a completed checklist with the
request, or the request will either be returned to you or substantive consideration of it will be deferred until a completed
checklist is submitted.If you are a taxpayer preparing your own request without professional assistance, an incomplete
checklist will not be cause for returning your request or deferring substantive consideration of the request.However, you
should still complete as much of the checklist as possible and submit it with your request.
TAXPAYER’S NAME
TAXPAYER’S I.D. No.
DISTRICT HAVING AUDIT
JURISDICTION
ATTORNEY/P.O.A.
PRIMARY CODE SECTION
CIRCLE
ONEITEM
Yes No N/A 1. Does your request involve an issue under the jurisdiction of the Assistant Commissioner (Employee Plans and
Exempt Organizations)? See section 5 of Rev. Proc. 97–4, 1997–1 I.R.B. 96, for issues under the jurisdiction of
other offices. (Hereafter, all references are to Rev. Proc. 97–4 unless otherwise noted.)
Yes No N/A 2. If your request involves a matter on which letter rulings are not ordinarily issued, have you given compelling
reasons to justify the issuance of a private letter ruling? Before preparing your request, you may want to call the
branch in the Office of the Assistant Commissioner (Employee Plans and Exempt Organizations) responsible for
substantive interpretations of the principal Internal Revenue Code section on which you are seeking a letter ruling
to discuss the likelihood of an exception. The appropriate branch to call for this information may be obtained by
calling (202) 622–8400 (Employee Plans matters), or (202) 622–8200 (Exempt Organizations matters) (not
toll-free calls).
Yes No N/A
Page
3. If the request involves an employee plans qualification matter under § 401(a), § 409, or § 4975(e)(7), have
you demonstrated that the request satisfies the three criteria in section 6.03 for a national office ruling?
Yes No N/A
Page
4. If the request deals with a completed transaction, have you filed the return for the year in which the
transaction was completed? See sections 6.01 and 6.02.
Yes No5. Are you requesting a letter ruling on a hypothetical situation or question? See section 8.02.
Yes No6. Are you requesting a letter ruling on alternative plans of a proposed transaction? See section 8.02.
Yes No7. Are you requesting the letter ruling for only part of an integrated transaction? See section 8.03.
Yes No8. Have you submitted another letter ruling request for the transaction covered by this request?
Yes No9. Are you requesting the letter ruling for a business, trade, industrial association, or similar group concerning
the application of tax law to its members? See section 6.07.
Yes No10. Have you included a complete statement of all Pages the facts relevant to the transaction? See section
9.02(1).
Yes No N/A 11. Have you submitted with the request true copies of all wills, deeds, plan documents, and other documents
relevant to the transaction, and labelled and attached them in alphabetical sequence? See section 9.02(2).
Yes No
Pages
12. Have you included, rather than merely by reference, all material facts from the documents in the request?
Are they accompanied by an analysis of their bearing on the issues that specifies the document provisions that
apply? See section 9.02(3).
129

CIRCLE
ONEITEM
Yes No
Page
13. Have you included the required statement regarding whether the same issue in the letter ruling request is in
an earlier return of the taxpayer or in a return for any year of a related taxpayer? See section 9.02(4).
Yes No
Page
14. Have you included the required statement regarding whether the Service previously ruled on the same or
similar issue for the taxpayer, a related taxpayer, or a predecessor? See section 9.02(5).
Yes No
Page
15. Have you included the required statement regarding whether the taxpayer, a related taxpayer, a predecessor,
or any representatives previously submitted the same or similar issue but withdrew it before the letter ruling was
issued? See section 9.02(5).
Yes No
Page
16. Have you included the required statement regarding whether the law in connection with the request is
uncertain and whether the issue is adequately addressed by relevant authorities? See section 9.02(6).
Yes No
Pages
17. Have you included the required statement of relevant authorities in support of your views? See section
9.02(6).
Yes No N/A
Pages
18. Does your request discuss the implications of any legislation, tax treaties, court decisions, regulations,
notices, revenue rulings, or revenue procedures you determined to be contrary to the position advanced? See
section 9.02(7), which states that taxpayers are encouraged to inform the Service of such authorities.
Yes No N/A
Page
19. If you determined that there are no contrary authorities, have you included a statement to this effect in your
request? See section 9.02(7).
Yes No N/A
Page
20. Have you included in your request a statement identifying any pending legislation that may affect the
proposed transaction? See section 9.02(8).
Yes No21. Is the request accompanied by the deletions statement required by § 6110? See section 9.02(9).
Yes No N/A
Page
22. Have you (or your authorized representative) signed and dated the request? See section 9.02(10).
Yes No N/A 23. If the request is signed by your representative, or if your representative will appear before the Service in
connection with the request, is the request accompanied by a properly prepared and signed power of attorney
with the signatory’s name typed or printed? See section 9.02(12).
Yes No N/A
Page
24. Have you included, signed and dated, the penalties of perjury statement in the form required by section
9.02(13)?
Yes No N/A 25. Have you included the correct user fee with the request and made your check or money order payable to the
Internal Revenue Service? See section 9.02(14) and Rev. Proc. 97–8, page 187, this Bulletin, for the
correct amount and additional information on user fees.
Yes No N/A 26. Are you submitting your request in duplicate if necessary? See section 9.02(15).
Yes No N/A
Pages
27. If you are requesting separate letter rulings on different issues involving one factual situation, have you
included a statement to that effect in each request? See section 9.03(1).
Yes No N/A 28. If you want the original of the ruling to be sent to a representative, does the power of attorney contain a
statement to that effect? See section 9.03(2).
Yes No N/A 29. If you do not want a copy of the letter ruling to be sent to any representative, does the power of attorney
contain a statement to that effect? See section 9.03(2).
Yes No N/A
Page
30. If you have more than one representative, have you designated whether the second representative listed on
the power of attorney is to receive a copy of the letter ruling? See section 9.03(2).
Yes No N/A 31. If you want your letter ruling request to be processed ahead of the regular order or by a specific date, have
you requested expeditious handling in the form required by section 9.03(3) and stated a compelling need for such
action in the request?
Yes No N/A
Page
32. If you are requesting that a copy of the letter ruling be issued by facsimile (fax) transmission, have you
included a statement containing a waiver of any disclosure violations resulting from the fax transmission? See
section 9.03(4).
Yes No N/A
Page
33. If you want to have a conference on the issues involved in the request, have you included a request for
conference in the ruling request? See section 9.03(5).
Yes No N/A 34. If your request is covered by any of the guideline revenue procedures or other special requirements listed in
section 10 of Rev. Proc. 97–4, have you complied with all of the requirements of the applicable revenue
procedure? Page
130

CIRCLE
ONEITEM
35. If you are requesting relief under § 7805(b) (regarding retroactive effect), have you complied with all of the
requirements in section 13.09?
Yes No N/A 36. Have you addressed your request to the appropriate office listed in section 9.04? Improperly addressed
requests may be delayed (sometimes for over a week) in reaching the appropriate office for initial processing.
SignatureTitle or AuthorityDate
Typed or printed name of
person signing checklist
131

26 CFR 601.201: Rulings and determination letters.
Rev. Proc. 97–5
TABLE OF CONTENTS
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
p. 134
SECTION 2. WHAT
SIGNIFICANT CHANGES HAVE
BEEN MADE TO REV. PROC.
96–5?
p. 135
SECTION 3. WHAT IS
TECHNICAL ADVICE?
p. 135
SECTION 4. ON WHAT
ISSUES MAY OR MUST
TECHNICAL ADVICE BE
REQUESTED UNDER THIS
PROCEDURE?
p. 135.01 Issues under the jurisdiction of the Assistant Commissioner (Employee
Plans and Exempt Organizations)
.02 Farmers’ cooperatives
.03 Basis for requesting technical advice
.04 Areas of mandatory technical advice
SECTION 5. ON WHAT
ISSUES MUST TECHNICAL
ADVICE BE REQUESTED
UNDER DIFFERENT
PROCEDURES?
p. 136.01 Matters (other than farmers’ cooperatives) under the jurisdiction of the
Associate Chief Counsel (Domestic), the Associate Chief Counsel
(Employee Benefits and Exempt Organizations), and the Associate Chief
Counsel (International)
.02 Alcohol, tobacco, and firearms taxes
.03 Excise taxes
SECTION 6. MAY TECHNICAL
ADVICE BE REQUESTED FOR
A § 301.9100–1T REQUEST
DURING THE COURSE OF AN
EXAMINATION?
p. 136.01 A § 301.9100–1T request is a letter ruling request
.02 Statute of limitations
.03 Address to send a § 301.9100–1T request
.04 If the return is being examined or considered by an appeals office or a
federal court, the taxpayer must notify the national office which will notify
the key district director, appeals office or government counsel
SECTION 7. WHO IS
RESPONSIBLE FOR
REQUESTING TECHNICAL
ADVICE?
p. 137.01 Key district director or chief, appeals office determines whether to request
technical advice
.02 Taxpayer may ask that issue be referred for technical advice
SECTION 8. WHEN SHOULD
TECHNICAL ADVICE BE
REQUESTED?
p. 138.01 Uniformity of position lacking
.02 When technical advice can be requested
.03 At earliest possible stage
SECTION 9. WHAT MUST BE
INCLUDED IN THE REQUEST?
p. 138.01 Statement of issues, facts, law, and arguments
.02 Statement pertaining to statute of limitations
.03 General provisions of §§ 6104 and 6110 of the Code
.04 Application of § 6104 of the Code
.05 Statement identifying information to be deleted from public inspection
.06 Transmittal Form 5565, Request for Technical Advice—EP/EO
.07 Number of copies of request to be submitted
.08 Power of attorney
.09 Case files
132

SECTION 10. HOW ARE
REQUESTS HANDLED?
p. 140.01 Taxpayer notified
.02 Conference offered
.03 If the taxpayer disagrees with the Service’s statement of facts
.04 If the Service disagrees with the taxpayer’s statement of facts
.05 If the taxpayer has not submitted the required deletions statement
.06 Criminal or civil fraud cases
SECTION 11. HOW DOES A
TAXPAYER APPEAL A KEY
DISTRICT DIRECTOR’S OR
CHIEF’S, APPEALS OFFICE
DECISION NOT TO SEEK
TECHNICAL ADVICE?
p. 142.01 Taxpayer notified of decision not to seek technical advice
.02 Taxpayer may appeal decision not to seek technical advice
.03 Chief, EP/EO division, or chief, appeals office, determines whether
technical advice will be sought
.04 Chief’s decision may be reviewed but not appealed
SECTION 12. HOW ARE
REQUESTS FOR TECHNICAL
ADVICE WITHDRAWN?
p. 143.01 Taxpayer notified
.02 National office may provide views
SECTION 13. HOW ARE
CONFERENCES SCHEDULED?
p. 143.01 If requested, offered to the taxpayer when adverse technical advice proposed
.02 Normally held within 21 days of contact with the taxpayer
.03 21-day period may be extended if justified and approved
.04 Denial of extension cannot be appealed
.05 Entitled to one conference of right
.06 Conference may not be taped
.07 Conference may be delayed to address a request for relief under § 7805(b)
of the Code
.08 Service makes tentative recommendations
.09 Additional conferences may be offered
.10 Additional information submitted after the conference
.11 Under limited circumstances, may schedule a conference to be held by
telephone
SECTION 14. HOW IS STATUS
OF REQUEST OBTAINED?
p. 145.01 Taxpayer or the taxpayer’s representative may request status from the key
district or appeals office
.02 Key district director or chief, appeals office may request status from the
national office
SECTION 15. HOW DOES THE
NATIONAL OFFICE PREPARE
THE TECHNICAL ADVICE
MEMORANDUM?
p. 146.01 Delegates authority to branch chiefs
.02 Determines whether request has been properly made
.03 Contacts the key district or appeals office to discuss issues
.04 Informs the key district or appeals office if any matters in the request have
been referred to another branch or office
.05 Informs the key district or appeals office if additional information is needed
.06 Informs the key district or appeals office of the tentative conclusion
.07 If a tentative conclusion has not been reached, gives date estimated for
tentative conclusion
.08 Advises the key district or appeals office that tentative conclusion is not
final
.09 Advises the key district or appeals office of final conclusions
.10 If needed, requests additional information
133

.11 Requests taxpayer to send additional information to the national office and a
copy to the key district director or chief, appeals office
.12 Informs the taxpayer when requested deletions will not be made
.13 Prepares reply in two parts
.14 Routes replies to appropriate office
SECTION 16. HOW DOES A
KEY DISTRICT OR AN
APPEALS OFFICE USE THE
TECHNICAL ADVICE?
p. 148.01 Generally applies advice in processing the taxpayer’s case
.02 Discussion with the taxpayer
.03 Gives copy to the taxpayer
.04 Taxpayer may protest deletions not made
.05 When no copy is given to the taxpayer
SECTION 17. WHAT IS THE
EFFECT OF TECHNICAL
ADVICE?
p. 149.01 Applies only to the taxpayer for whom technical advice was requested
.02 Usually applies retroactively
.03 Generally applied retroactively to modify or revoke prior technical advice
.04 Applies to continuing action or series of actions until specifically
withdrawn, modified or revoked
.05 Applies to continuing action or series of actions until material facts change
.06 Does not apply retroactively under certain conditions
SECTION 18. HOW MAY
RETROACTIVE EFFECT BE
LIMITED?
p. 150.01 Commissioner has discretionary authority under § 7805(b) of the Code
.02 Taxpayer may request Commissioner to exercise authority
.03 Form of request to limit retroactivity—before an examination
.04 Form of request to limit retroactivity—during course of examination
.05 Form of request to limit retroactivity—technical advice that does not modify
or revoke prior memorandum
.06 Taxpayer’s right to a conference
.07 Exhaustion of administrative remedies—employee plans determination letter
requests
.08 Exhaustion of administrative remedies—exempt organization matters
SECTION 19. WHAT IS THE
EFFECT OF THIS REV. PROC.
ON OTHER DOCUMENTS?
p. 151
SECTION 20. EFFECTIVE
DATE
p. 151
SECTION 21. PAPERWORK
REDUCTION ACT
p. 151
INDEXp. 152
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
This revenue procedure explains when and how the Assistant Commissioner (Employee
Plans and Exempt Organizations) gives technical advice to a key district director or a chief,
appeals office in the employee plans areas (including actuarial matters) and exempt
organizations areas. It also explains the rights a taxpayer has when a key district director or
a chief, appeals office requests technical advice regarding a tax matter.
The term key district director means the district director of one of the key district offices
set forth in Form 8717, User Fee for Employee Plan Determination Letter Request, or Form
8718, User Fee for Exempt Organization Determination Letter Request. The reference in
this revenue procedure to the chief, appeals office includes, when appropriate, the Assistant
Regional Director of Appeals (Large Case). In addition, any reference to appeals officer
includes, when appropriate, the team chief. Finally, any reference to EP/EO means
Employee Plans and Exempt Organizations.
134

SECTION 2. WHAT
SIGNIFICANT CHANGES HAVE
BEEN MADE TO REV. PROC.
96–5?
.01 Section 6 is amended to conform to T.D. 8680, 1996–33 I.R.B. 5, which provides
temporary regulations relating to extensions of time for making certain elections under the
Code.
.02 Section 10.01 is amended to clarify when the Service’s arguments are provided to the
taxpayer.
.03 Section 15.10 is amended to reflect the new language for the penalties of perjury
statement.
.04 Section 15.11 is amended to provide that a taxpayer generally is required to submit
one copy of the additional information to the national office but, in appropriate cases, the
national office may request additional copies of the information.
.05 Section 16.01 is clarified with respect to the extent to which a technical advice
memorandum must be followed.
SECTION 3. WHAT IS
TECHNICAL ADVICE?
‘‘Technical advice’’ means advice or guidance in the form of a memorandum furnished by
the Office of the Assistant Commissioner (Employee Plans and Exempt Organizations),
(hereinafter referred to as the ‘‘national office’’), upon the request of a key district director
or a chief, appeals office, submitted in accordance with the provisions of this revenue
procedure in response to any technical or procedural question that develops during any
proceeding on the interpretation and proper application of tax law, tax treaties, regulations,
revenue rulings, notices or other precedents published by the national office to a specific set
of facts. Such proceedings include (1) the examination of a taxpayer’s return, (2)
consideration of a taxpayer’s claim for refund or credit, (3) a request for a determination
letter, (4) any other matter involving a specific taxpayer under the jurisdiction of the chief,
EP/EO division or chief, appeals office, or (5) processing and considering nondocketed
cases in an appeals office. However, they do not include cases in which the issue in the
case is in a docketed case for any year.
For purposes of technical advice, the term ‘‘taxpayer’’ includes all persons subject to any
provision of the Internal Revenue Code (including tax-exempt entities such as governmental
units which issue municipal bonds within the meaning of § 103(a)), and when appropriate,
their representatives. However, the instructions and the provisions of this revenue procedure
do not apply to requests for technical advice involving any matter pertaining to either
tax-exempt bonds or mortgage credit certificates. Instead, the procedures under Rev. Proc.
97–2, page 64, this Bulletin, must be followed.
Technical advice resolves complex issues and helps establish and maintain consistent
holdings throughout the Internal Revenue Service. A key district director or a chief, appeals
office, may raise an issue in any tax period, even though technical advice may have been
asked and furnished for the same or similar issue for another tax period.
Technical advice does not include legal advice furnished to the key district or appeals
office in writing or orally, other than advice furnished pursuant to this revenue procedure. In
accordance with section 11.01 of this revenue procedure, a taxpayer’s request for referral of
an issue for technical advice will not be denied merely because the national office has
provided legal advice, other than advice furnished pursuant to this revenue procedure, to the
key district or appeals office on the matter.
SECTION 4. ON WHAT
ISSUES MAY OR MUST
TECHNICAL ADVICE BE
REQUESTED UNDER THIS
PROCEDURE?
Issues under the jurisdiction
of the Assistant
Commissioner (Employee
Plans and Exempt
Organizations)
.01 Generally, the instructions of this revenue procedure apply to requests for technical
advice on any issue under the jurisdiction of the Assistant Commissioner (Employee Plans
and Exempt Organizations).
Farmers’ cooperatives.02 If a key district director, chief, appeals office, or a taxpayer requests technical advice
on a determination letter under § 521 of the Code, the procedures under this revenue
procedure, Rev. Proc. 90–27, 1990–1 C.B. 514, as modified by Rev. Proc. 97–8, page 187,
this Bulletin, as well as § 601.201(n) of the Statement of Procedural Rules, must be
followed.
135

Basis for requesting technical
advice
.03 Requests for technical advice are encouraged on any technical or procedural
questions arising in connection with any case of the type described in section 3 at any stage
of the proceedings in the key district or appeals office that cannot be resolved on the basis
of law, regulations, or a clearly applicable revenue ruling or other published precedent.
Areas of mandatory technical
advice
.04 Requests for § 7805(b) relief are mandatory technical advice with respect to all
exempt organizations and employee plans matters.
Except for those exemption application cases handled in the national office in accordance
with section 6.02 of Rev. Proc. 90–27, key districts and appeals offices are required to
request technical advice on their exempt organization cases concerning qualification for
exemption or foundation status for which there is no published precedent or for which there
is reason to believe that nonuniformity exists.
Regarding employee plans matters, a request for technical advice is required in cases
concerning (1) proposed adverse or proposed revocation letters on collectively-bargained
plans, (2) plans for which the Service is proposing to issue a revocation letter because of
certain fiduciary actions that violate the exclusive benefit rule of § 401(a) of the Code and
are subject to Part 4 of Subtitle B of Title I of the Employee Retirement Income Security
Act of 1974, Pub. L. 93–406, 1974–3 C.B. 1, 43, (3) amendments to defined contribution
plans pursuant to Rev. Proc. 94–41, 1994–1 C.B. 711, in connection with a waiver of the
minimum funding standard and a request for a determination letter (Seesection 16 of Rev.
Proc. 97–6 and section 3.04 of Rev. Proc. 94–41), (4) termination/reestablishment and
spinoff-termination cases in which the key district office proposes that the Implementation
Guidelines are not applicable, or (5) a situation in which the employer has had a prior
termination/reestablishment or spinoff-termination within 15 years of the time of the
transaction.
SECTION 5. ON WHAT
ISSUES MUST TECHNICAL
ADVICE BE REQUESTED
UNDER DIFFERENT
PROCEDURES?
Matters (other than farmers’
cooperatives) under the
jurisdiction of the Associate
Chief Counsel (Domestic), the
Associate Chief Counsel
(Employee Benefits and
Exempt Organizations), and
the Associate Chief Counsel
(International)
.01 All procedures for obtaining technical advice on issues (other than farmers’
cooperatives) under the jurisdiction of the Associate Chief Counsel (Domestic), the
Associate Chief Counsel (Employee Benefits and Exempt Organizations), and the Associate
Chief Counsel (International) including any matter pertaining to tax-exempt bonds or
mortgage credit certificates, § 526 of the Code (shipowners’ protection and indemnity
associations), § 528 (certain homeowners’ associations) and issues involving the
interpretation or application of the federal income tax laws and income tax treaties relating
to international transactions are contained in Rev. Proc. 97–2.
Alcohol, tobacco, and
firearms taxes
.02 Procedures for obtaining technical advice specifically applicable to federal alcohol,
tobacco, and firearms taxes under subtitle E of the Code are under the jurisdiction of the
Bureau of Alcohol, Tobacco and Firearms.
Excise taxes.03 Technical advice procedures regarding excise taxes (other than excise taxes imposed
under Chapters 41, 42 and 43 of the Code), and employment taxes that employee plans and
exempt organizations are subject to, are set forth in Rev. Proc. 97–2.
SECTION 6. MAY TECHNICAL
ADVICE BE REQUESTED FOR
A § 301.9100–1T REQUEST
DURING THE COURSE OF AN
EXAMINATION?
A § 301.9100–1T request is
a letter ruling request
.01 Except with regard to exemption application matters involving §§ 505(c) and 508,
requests for an extension of time for making an election or other application for relief under
§ 301.9100–1T of the temporary Procedure and Administration Regulations made after the
examination of the taxpayer’s return has begun or made after the issues in the return are
being considered by an appeals office or a federal court are letter ruling requests. Therefore,
§ 301.9100–1T requests should be submitted pursuant to Rev. Proc. 97–4, page 96, this
Bulletin, and require payment of the applicable user fee listed in section 6 of Rev. Proc.
97–8.
136

Statute of limitations.02 The running of any applicable period of limitations is not suspended for the period
during which a § 301.9100–1T request has been filed.See§ 301.9100–3T(d)(2). If the
period of limitations on an assessment under § 6501(a) for the taxable year in which an
election should have been made, or any taxable year that would have been affected by the
election had it been timely made, will expire before receipt of a § 301.9100–1T letter
ruling, the Service ordinarily will not issue a § 301.9100–1T ruling.See
§ 301.9100–3T(c)(1)(ii). Therefore, the taxpayer must secure a consent under § 6501(c)(4)
to extend the period of limitations on assessment. Note that the filing of a protective claim
for refund under § 6511 does not extend the period of limitations on assessment. If
§ 301.9100–1T relief is granted, the Service may require the taxpayer to consent to an
extension of the period of limitations for assessment.See§ 301.9100–3T(d)(2).
Address to send a
§ 301.9001–1T request
.03 Requests made under § 301.9100–1T, pursuant to Rev. Proc. 97–4, together with the
appropriate user fee, must be submitted to the Internal Revenue Service by the taxpayer and
addressed as follows:
Requests involving employee plans matters:
Internal Revenue Service
Assistant Commissioner (EP/EO)
Attn: CP:E:EP:T
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
Requests involving exempt organization matters:
Internal Revenue Service
Assistant Commissioner (EP/EO)
Attn: CP:E:EO
P.O. Box 120
Ben Franklin Station
Washington, D.C. 20044
The package should be marked: RULING REQUEST SUBMISSION. A § 301.9100–1T
request may also be hand delivered to the drop box at the 12th Street entrance of 1111
Constitution Ave., N.W., Washington, DC. No receipt will be given at the drop box. See
Rev. Proc. 97–8 for the appropriate user fee.
If return is being examined or
considered by an appeals
office or a federal court, the
taxpayer must notify the
national office which will
notify the key district
director, chief, appeals office
or government counsel
.04 If the taxpayer’s return for the taxable year in which an election should have been
made or any taxable year that would have been affected by the election had it been timely
made is being examined by a key district office or the issues in the return are being
considered by an appeals office or a federal court, the taxpayer must notify the national
office.See, § 301.9100–3T(e)(4)(i) and section 6.04 of Rev. Proc. 97–4. The national office
will notify the appropriate key district director, chief appeals office, or government counsel
considering the return that a request for § 301.9100–1T relief has been submitted to the
national office. The EP/EO specialist, appeals officer or government counsel is not
authorized to deny consideration of a request for § 301.9100–1T relief. The letter ruling
will be mailed to the taxpayer and a copy will be sent to the appropriate key district
director, chief, appeals office, or government counsel.
SECTION 7. WHO IS
RESPONSIBLE FOR
REQUESTING TECHNICAL
ADVICE?
Key district director or chief,
appeals office determines
whether to request technical
advice
.01 The key district director or chief, appeals office, determines whether to request
technical advice on any issue being considered. Each request must be submitted through
proper channels and signed by a person who is authorized to sign for the key district
director or chief, appeals office. The mandatory technical advice described in section
4.04(3) of this revenue procedure, for cases concerning amendments to defined contribution
plans in connection with a waiver of the minimum funding standard and a request for a
determination letter, is treated as if it had been a request for technical advice submitted by
the key district director.Seesection 16 of Rev. Proc. 97–6 and section 3.04 of Rev. Proc.
94–41 for the procedural rules applicable to this particular mandatory technical advice.
137

Taxpayer may ask that issue
be referred for technical
advice
.02 While a case is under the jurisdiction of a key district director or chief, appeals
office, a taxpayer may request that an issue be referred to the national office for technical
advice.
SECTION 8. WHEN SHOULD
TECHNICAL ADVICE BE
REQUESTED?
Uniformity of position lacking.01 Technical advice should be requested when there is a lack of uniformity regarding
the disposition of an issue or when an issue is unusual or complex enough to warrant
consideration by the national office.
When technical advice can be
requested
.02 The provisions of this revenue procedure apply only to a case under the jurisdiction
of a key district director or chief, appeals office. Technical advice may also be requested on
issues considered in a prior appeals disposition, not based on mutual concessions for the
same tax period of the same taxpayer, if the appeals office that had the case concurs in the
request. A key district director may not request technical advice on an issue if an appeals
office is currently considering an identical issue of the same taxpayer (or of a related
taxpayer within the meaning of § 267 or a member of an affiliated group of which the
taxpayer is also a member within the meaning of § 1504). A case remains under the
jurisdiction of the key district director even though an appeals office has the identical issue
under consideration in the case of another taxpayer (not related within the meaning of
§ 267 or § 1504) in an entirely different transaction. With respect to the same taxpayer or
the same transaction, when the issue is under the jurisdiction of an appeals office, and the
applicability of more than one kind of federal tax is dependent upon the resolution of that
issue, a key district director may not request technical advice on the applicability of any of
the taxes involved.
A key district director or chief, appeals office, also may not request technical advice on
an issue if the same issue of the same taxpayer (or of a related taxpayer within the meaning
of § 267 or a member of an affiliated group of which the taxpayer is also a member within
the meaning of § 1504) is in a docketed case for the same taxpayer (or for a related
taxpayer or a member of an affiliated group of which the taxpayer is also a member) for
any taxable year.
At the earliest possible stage.03 Once an issue is identified, all requests for technical advice should be made at the
earliest possible stage in any proceeding. The fact that the issue is raised late in the
examination or appeals process should not influence, however, the key district or appeals
office’s decision to request technical advice.
SECTION 9. WHAT MUST BE
INCLUDED IN THE REQUEST?
Statement of issues, facts,
law, and arguments
.01 Whether initiated by the taxpayer or by a key district or appeals office, a request for
technical advice must include the facts and the issues for which technical advice is
requested, and a written statement clearly stating the applicable law and the arguments in
support of both the Service’s and the taxpayer’s positions on the issue or issues.
Taxpayer must submit
statement if the taxpayer
initiates request for technical
advice
(1) If the taxpayer initiates the request for technical advice, the taxpayer must submit to
the EP/EO specialist or appeals officer, at the time the taxpayer initiates the request, a
written statement—
(a) stating the facts and the issues;
(b) explaining the taxpayer’s position;
(c) discussing any relevant statutory provisions, tax treaties, court decisions, regulations,
revenue rulings, revenue procedures, notices, or any other authority supporting the
taxpayer’s position; and
(d) stating the reasons for requesting technical advice.
If the EP/EO specialist or appeals officer determines that technical advice will be
requested, the taxpayer’s statement will be forwarded to the national office with the request
for technical advice.
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Taxpayer is encouraged to
submit statement if Service
initiates request for technical
advice
(2) If the request for technical advice is initiated by a key district or appeals office, the
taxpayer is encouraged to submit the written statement described in section 9.01(1) of this
revenue procedure. If the taxpayer’s statement is received after the request for technical
advice has been forwarded to the national office, the statement will be forwarded to the
national office for association with the technical advice request.
Statement of authorities
contrary to taxpayer’s
position
(3) Whether the request for technical advice is initiated by the taxpayer or by a key
district or appeals office, the taxpayer is also encouraged to comment on any legislation, tax
treaties, regulations, revenue rulings, revenue procedures, or court decisions contrary to the
taxpayer’s position. If the taxpayer determines that there are no contrary authorities, a
statement to this effect would be helpful. If the taxpayer does not furnish either contrary
authorities or a statement that none exists, the Service in complex cases or those presenting
difficult or novel issues may request submission of contrary authorities or a statement that
none exists.
Statement pertaining to
statute of limitations
.02 As part of the request, the key district or appeals office must submit a statement, in
addition to the criteria on Form 5565 referred to below, that (1) the applicable statute of
limitations has at least 180 calendar days to run before its expiration or (2) the applicable
statute of limitations will run prior to 180 calendar days from the date a request is
transferred to the national office and the case should be processed on an expedited basis. If
the key district or appeals office obtains an extension of the statute of limitations while the
request is being processed in the national office, the office obtaining the extension must also
submit a revised statement to the national office advising it of the new expiration date.
If there are less than 61 calendar days remaining before the expiration of the statute of
limitations with respect to a case being processed on an expedited basis, the case will be
returned to the office responsible for statute control of the file unless a decision is made
pursuant to section 7(10)(14)1.5:(8) of the Internal Revenue Manual that the case can be
timely processed. The national office will telephone (or fax notice of) its decision to the
requesting key district or appeals office and will place a memorandum in the file to reflect
whatever procedural steps have been taken.
General provisions of
§§ 6104 and 6110
.03 Generally, § 6104(a)(1)(B) provides that an application filed with respect to: (1) the
qualification of a pension, profit-sharing, or stock bonus plan under § 401(a) or § 403(a) or
an individual retirement arrangement under § 408(a) or § 408(b) will be open to public
inspection pursuant to regulations as will (2) any application filed for an exemption from
tax under § 501(a) of an organization forming part of a plan or account described above.
Generally, § 6110(a) provides that except as provided otherwise, written determinations
(defined in § 6110(b)(1) as rulings, determination letters, and technical advice
memorandums) and any related background file document will be open to public inspection
pursuant to regulations.
Application of § 6104.04 The requirements for submitting statements and other materials or proposed deletions
in technical advice memorandums before public inspection is allowed do not apply to
requests for any documents to the extent § 6104 applies.
Statement identifying
information to be deleted
from public inspection
.05 The text of a technical advice memorandum subject to § 6110 may be open to public
inspection. The Service deletes certain information from the text before it is made available
for inspection. To help the Service make the deletions required by § 6110(c), the taxpayer
must provide a statement indicating the deletions desired (‘‘deletions statement’’). If the
taxpayer does not submit the deletions statement, the Service will follow the procedures in
section 10.05 of this revenue procedure.
A taxpayer who wants only names, addresses, and identifying numbers deleted should
state this in the deletions statement. If the taxpayer wants more information deleted, the
deletions statement must be accompanied by a copy of the technical advice request and
supporting documents on which the taxpayer should bracket the material to be deleted. The
deletions statement must indicate the statutory basis, under § 6110(c) for each proposed
deletion.
If the taxpayer decides to ask for additional deletions before the technical advice
memorandum is issued, additional deletions statements may be submitted.
The deletions statement must not appear in the request for technical advice but, instead,
must be made in a separate document attached to the request.
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The deletions statement must be signed and dated by the taxpayer or the taxpayer’s
authorized representative. A stamped signature is not permitted.
The taxpayer should follow these same procedures to propose deletions from any
additional information submitted after the initial request for technical advice. An additional
deletions statement, however, is not required with each submission of additional information
if the taxpayer’s initial deletions statement requests that only names, addresses, and
identifying numbers are to be deleted and the taxpayer wants the same information deleted
from the additional information.
Transmittal Form 5565,
Request for Technical
Advice—EP/EO
.06 The key district or appeals office should use Form 5565, Request for Technical
Advice - EP/EO, for transmitting a request for technical advice to the national office using
the addresses listed below.
Address to send requests
from key district offices
Employee Plans
Internal Revenue Service
Attn: CP:E:EP
1111 Constitution Ave., N.W.
Room 6052 CP:E:EO:P:2
Washington, DC 20224
Exempt Organizations
Internal Revenue Service
Attn: CP:E:EO
1111 Constitution Ave., N.W.
Room 6052 CP:E:EO:P:2
Washington, DC 20224
Address to send requests
from appeals offices
Internal Revenue Service
Attn: C:AP:FS
Box 68
901 D Street, S.W.
Washington, DC 20024
Number of copies of request
to be submitted
.07 The key district or the appeals office must submit (3) three copies of the request for
technical advice to the national office.
Power of attorney.08 Any authorized representative, as described in section 9.02 of Rev. Proc. 97–4,
whether or not enrolled to practice, must comply with Treasury Department Circular No.
230 (31 CFR part 10 (1996)) and with the conference and practice requirements of the
Statement of Procedural Rules (26 CFR part 601). It is preferred that Form 2848, Power of
Attorney and Declaration of Representative, be used with regard to requests for technical
advice under this revenue procedure.
Case files.09 The key district or appeals office will submit copies of the original documents (the
administrative file) to the national office accompanying the applicable Form 5565. The key
district or appeals office will maintain the original documents (including any power of
attorney).
SECTION 10. HOW ARE
REQUESTS HANDLED?
Taxpayer notified.01 Regardless of whether the taxpayer or the Service initiates the request for technical
advice, the key district or appeals office: (1) will notify the taxpayer that technical advice is
being requested; and (2) at or before the time the request is submitted to the national office,
will give to the taxpayer a copy of the arguments that are being provided to the national
office in support of its position.
If the EP/EO specialist or appeals officer initiates the request for technical advice, he or
she will give to the taxpayer a copy of the statement of the pertinent facts and the issues
proposed for submission to the national office.
This section 10.01 does not apply to a technical advice memorandum described in section
10.06 of this revenue procedure.
Conference offered.02 When notifying the taxpayer that technical advice is being requested, the EP/EO
specialist or appeals officer will also tell the taxpayer about the right to a conference in the
national office if an adverse decision is indicated and will ask the taxpayer whether such a
conference is desired.
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If the taxpayer disagrees with
the Service’s statement of
facts
.03 If the EP/EO specialist or appeals officer initiates the request for technical advice, the
taxpayer has 10 calendar days after receiving the statement of facts and specific issues to
submit to that specialist or officer a written statement specifying any disagreement on the
facts and issues. A taxpayer who needs more than 10 calendar days must justify, in writing,
the request for an extension of time. The extension is subject to the approval of the chief,
EP/EO division, or the chief, appeals office.
After receiving the taxpayer’s statement of the areas of disagreement, every effort should
be made to reach agreement on the facts and the specific points at issue before the matter is
referred to the national office. If an agreement cannot be reached, the key district or appeals
office will notify the taxpayer in writing. Within 10 calendar days after receiving the written
notice, the taxpayer may submit a statement of the taxpayer’s understanding of the facts and
the specific points at issue. A taxpayer who needs more than 10 calendar days to prepare
the statement of understanding must justify, in writing, the request for an extension of time.
The extension is subject to the approval of the chief, EP/EO division, or the chief, appeals
office. Both the statements of the taxpayer and the key district or appeals office will be
forwarded to the national office with the request for technical advice.
When the key district director or the chief, appeals office, and the taxpayer cannot agree
on the material facts and the request for technical advice does not involve the issue of
whether a letter ruling or determination letter should be modified or revoked, the national
office, at its discretion, may refuse to provide technical advice. If the national office
chooses to issue technical advice, it will base its advice on the facts provided by the key
district or appeals office.
If a request for technical advice involves the issue of whether a letter ruling or
determination letter should be modified or revoked, the national office will issue the
technical advice.
If the Service disagrees with
the taxpayer’s statement of
facts
.04 If the taxpayer initiates the action to request technical advice, and the taxpayer’s
statement of the facts and issues is not wholly acceptable to the key district or appeals
office, the Service will notify the taxpayer in writing of the areas of disagreement. The
taxpayer has 10 calendar days after receiving the written notice to reply to it. A taxpayer
who needs more than 10 calendar days must justify in writing the request for an extension
of time. The extension is subject to the approval of the chief, EP/EO division, or the chief,
appeals office.
If an agreement cannot be reached, both the statements of the taxpayer and the key
district or appeals office will be forwarded to the national office with the request for
technical advice. When the disagreement involves material facts essential to the preliminary
assessment of the case, the key district director or the chief, appeals office, may refuse to
refer a taxpayer initiated request for technical advice to the national office.
If the key district director or the chief, appeals office, submits a case involving a
disagreement of material facts, the national office, at its discretion, may refuse to provide
technical advice. If the national office chooses to issue technical advice, it will base its
advice on the facts provided by the key district or appeals office.
If the taxpayer has not
submitted the required
deletions statement
.05 When the key district or appeals office initiates the request for technical advice, the
taxpayer has 10 calendar days after receiving the statement of facts and issues to be
submitted to the national office to provide the deletions statement required under § 6110(c)
if public inspection is permitted pursuant to § 6110 (seesection 9.05 of this revenue
procedure). In such a case, if the taxpayer does not submit the deletions statement, the key
district director or the chief, appeals office, will tell the taxpayer that the statement is
required.
When the taxpayer initiates the request for technical advice and does not submit with the
request a deletions statement as required by § 6110, the key district director or the chief,
appeals office, will ask the taxpayer to submit the statement. If the key district director or
the chief, appeals office, does not receive the deletions statement within 10 calendar days
after asking the taxpayer for it, the key district director or the chief, appeals office, may
decline to submit the request for technical advice.
However, if the key district director or the chief, appeals office, decides to request
technical advice, whether initiated by the key district or appeals office or by the taxpayer, in
a case in which the taxpayer has not submitted the deletions statement, the national office
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will make those deletions that the Commissioner of Internal Revenue determines are
required by § 6110(c).
Criminal or civil fraud cases.06 The provisions of this section (about referring issues upon the taxpayer’s request,
obtaining the taxpayer’s statement of the areas of disagreement, telling the taxpayer about
the referral of issues, giving the taxpayer a copy of the arguments submitted, submitting
proposed deletions, and granting conferences in the national office) do not apply to a
technical advice memorandum described in § 6110(g)(5)(A) that involves a matter that is
the subject of or is otherwise closely related to a criminal or civil fraud investigation, or a
jeopardy or termination assessment.
In these cases, a copy of the technical advice memorandum is given to the taxpayer after
all proceedings in the investigations or assessments are complete, but before the
Commissioner mails the notice of intention to disclose the technical advice memorandum
under § 6110(f)(1). The taxpayer may then provide the statement of proposed deletions to
the national office.
SECTION 11. HOW DOES A
TAXPAYER APPEAL A KEY
DISTRICT DIRECTOR’S OR
CHIEF’S APPEALS OFFICE
DECISION NOT TO SEEK
TECHNICAL ADVICE?
Taxpayer notified of decision
not to seek technical advice
.01 If the EP/EO specialist or appeals officer concludes that a taxpayer’s request for
referral of an issue to the national office for technical advice does not warrant referral, the
EP/EO specialist or appeals officer will tell the taxpayer. A taxpayer’s request for such a
referral will not be denied merely because the national office provided legal advice, other
than advice furnished pursuant to this revenue procedure, to the key district or appeals
office on the matter.
Taxpayer may appeal
decision not to seek technical
advice
.02 The taxpayer may appeal the decision of the EP/EO specialist or the appeals officer
not to request technical advice. To do so, the taxpayer must submit to that specialist or
officer, within 10 calendar days after being told of the decision, a written statement of the
facts, law, and arguments on the issue and the reasons why the taxpayer believes the matter
should be referred to the national office for technical advice. A taxpayer who needs more
than 10 calendar days must justify in writing the request for an extension of time. The
extension is subject to the approval of the chief, EP/EO division, or the chief, appeals
office.
Chief, EP/EO division, or
chief, appeals office,
determines whether technical
advice will be sought
.03 The EP/EO specialist or the appeals officer submits the taxpayer’s statement through
proper channels to the chief, EP/EO division, or the chief, appeals office, along with the
EP/EO specialist’s or the appeals officer’s statement of why the issue should not be referred
to the national office. The chief determines, on the basis of the statements, whether
technical advice will be requested.
If the chief determines that technical advice is not warranted and proposes to deny the
request, the taxpayer is told in writing about the determination. In the letter to the taxpayer,
the chief states the reasons for the proposed denial (except in unusual situations when doing
so would be prejudicial to the best interests of the Government). The taxpayer has 10
calendar days after receiving the letter to notify the chief of agreement or disagreement with
the proposed denial.
Chief’s decision may be
reviewed but not appealed
.04 The taxpayer may not appeal the decision of the chief, EP/EO division, or the chief,
appeals office, not to request technical advice from the national office. However, if the
taxpayer does not agree with the proposed denial, all data on the issue for which technical
advice has been sought, including the taxpayer’s written request and statements, will be
submitted to the Assistant Commissioner (Employee Plans and Exempt Organizations) or
the National Director of Appeals as appropriate.
The Assistant Commissioner (Employee Plans and Exempt Organizations), through the
Director, Employee Plans Division, or the Director, Exempt Organizations Division or, if
appropriate, the National Director of Appeals will review the proposed denial solely on the
basis of the written record, and no conference will be held with the taxpayer or the
taxpayer’s representative. The appropriate Director or his or her representative may consult
within the national office, if necessary, and will notify the key district office or appeals
142

office within 45 calendar days of receiving all the data regarding the request for technical
advice whether the proposed denial is approved or disapproved. The key district office or
appeals office will then notify the taxpayer.
While the matter is being reviewed, the key district office or the appeals office suspends
action on the issue (except when the delay would prejudice the Government’s interest).
The provisions of this revenue procedure regarding review of the proposed denial of a
request for technical advice continue to be applicable in those situations in which the
authority normally exercised by the key district director or chief, appeals office, has been
delegated to another official.
SECTION 12. HOW ARE
REQUESTS FOR TECHNICAL
ADVICE WITHDRAWN?
Taxpayer notified.01 Once a request for technical advice has been sent to the national office, only a key
district director or a chief, appeals office, may withdraw a request for technical advice. He
or she may ask to withdraw a request at any time before the responding transmittal
memorandum transmitting the technical advice is signed.
The key district director or the chief, appeals office, as appropriate, must notify the
taxpayer in writing of an intent to withdraw the request for technical advice except (1)
when the period of limitations on assessment is about to expire and the taxpayer has
declined to sign a consent to extend the period, or (2) when such notification would be
prejudicial to the best interests of the Government.
If the taxpayer does not agree that the request for technical advice should be withdrawn,
the procedures in section 11 of this revenue procedure must be followed.
National office may provide
views
.02 When a request for technical advice is withdrawn, the national office may send its
views to the key district director or the chief, appeals office, when acknowledging the
withdrawal request. In an appeals case, acknowledgment of the withdrawal request should
be sent to the appropriate appeals office, through the National Director of Appeals,
C:AP:FS. In appropriate cases, the subject matter may be published as a revenue ruling or
as a revenue procedure.
SECTION 13. HOW ARE
CONFERENCES SCHEDULED?
If requested, offered to the
taxpayer when adverse
technical advice proposed
.01 If, after the technical advice request is analyzed, it appears that technical advice
adverse to the taxpayer will be given, and if a conference has been requested, the taxpayer
will be informed, by telephone if possible, of the time and place of the conference.
Normally held within 21 days
of contact with the taxpayer
.02 The conference must be held within 21 calendar days after the taxpayer is contacted.
If conferences are being arranged for more than one request for technical advice for the
same taxpayer, they will be scheduled to cause the least inconvenience to the taxpayer. If
considered appropriate, the national office will notify the EP/EO specialist or appeals officer
of the scheduled conference and will offer the EP/EO specialist or appeals officer the
opportunity to attend the conference. The Assistant Commissioner (EP/EO), the National
Director of Appeals, the key district director, or the chief, appeals office may designate
other Service representatives to attend the conference in lieu of, or in addition to, the
EP/EO specialist or the appeals officer.
21-day period may be
extended if justified and
approved
.03 An extension of the 21-day period will be granted only if the taxpayer justifies it in
writing, and the appropriate branch chief (or his or her delegate) approves it. The request
for an extension should be submitted before the end of the 21-day period. If unusual
circumstances near the end of the period make a timely written request impractical, the
national office should be told orally before the end of the period about the problem and
about the forthcoming written request for an extension. The taxpayer will be told promptly
(and later in writing) of the approval or denial of the requested extension.
Denial of extension cannot be
appealed
.04 There is no right to appeal the denial of a request for an extension. If the national
office is not advised of problems with meeting the 21-day period, or if the written request is
not sent promptly after the national office is notified of problems with meeting the 21-day
period, the case will be processed on the basis of the existing record.
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Entitled to one conference of
right
.05 A taxpayer is entitled by right to only one conference in the national office unless
one of the circumstances discussed in section 13.09 of this revenue procedure exists. This
conference is normally held at the branch level in the appropriate division (Employee Plans
Division or Exempt Organizations Division). It is attended by a person who has authority to
sign the transmittal memorandum discussed in section 15.13 on behalf of the branch chief.
When more than one branch has taken an adverse position on an issue in the request, or
when the position ultimately adopted by one branch will affect another branch’s
determination, a representative from each branch with authority to sign for the branch chief
will attend the conference. If more than one subject is discussed at the conference, the
discussion constitutes the conference of right for each subject discussed.
To have a thorough and informed discussion of the issues, the conference usually is held
after the branch has had an opportunity to study the case. However, the taxpayer may
request that the conference of right be held earlier in the consideration of the case than the
Service would ordinarily designate.
The taxpayer has no right to appeal the action of a branch to a Division Director or to
any other Service official. But see section 13.09 for situations in which the Service may
offer additional conferences.
Conference may not be taped.06 Because conference procedures are informal, no tape, stenographic, or other verbatim
recording of a conference may be made by any party.
Conference may be delayed
to address a request for relief
under § 7805(b)
.07 In the event of a tentative adverse determination, the branch representatives may
offer the taxpayer the option of delaying the conference so that the taxpayer can prepare
and submit a brief requesting relief under § 7805(b) (discussed in section 18 of this revenue
procedure). In these cases, the Service will schedule a conference on the tentatively adverse
position and the § 7805(b) relief request within 10 days of receiving the taxpayer’s
§ 7805(b) request.
Service makes tentative
recommendations
.08 The senior Service representative at the conference ensures that the taxpayer has full
opportunity to present views on all the issues in question. The Service representatives
explain the tentative decision on the substantive issues and the reasons for it.
If the taxpayer requests relief under § 7805(b) (regarding limitation of retroactive effect),
the Service representatives will discuss the tentative recommendation concerning the request
for relief and the reason for the tentative recommendation.
No commitment will be made as to the conclusion that the Service will finally adopt
regarding the outcome of the § 7805(b) issue or on any other issue discussed.
Additional conferences may
be offered
.09 The Service will offer the taxpayer an additional conference if, after the conference
of right, an adverse holding is proposed on a new issue or on the same issue but on grounds
different from those discussed at the first conference.
When a proposed holding is reversed at a higher level with a result less favorable to the
taxpayer, the taxpayer has no right to another conference if the grounds or arguments on
which the reversal is based were discussed at the conference of right.
The limitation on the number of conferences to which a taxpayer is entitled does not
prevent the national office from inviting a taxpayer to attend additional conferences,
including conferences with an official higher than the branch level, if national office
personnel think they are necessary. Such conferences are not offered as a matter of course
simply because the branch has reached an adverse decision. In general, conferences with
higher level officials are offered only if the Service determines that the case presents
significant issues of tax policy or tax administration and that the consideration of these
issues would be enhanced by additional conferences with the taxpayer.
In accordance with section 13.02 of this revenue procedure, the EP/EO specialist or
appeals officer will be offered the opportunity to participate in any additional taxpayer’s
conference, including a conference with an official higher than the branch level. Section
13.02 of this revenue procedure also provides that other Service representatives are allowed
to participate in the conference.
Additional information
submitted after the
conference
.10 Within 21 calendar days after the conference, the taxpayer must furnish to the
national office any additional data, lines of reasoning, precedents, etc., that the taxpayer
proposed and discussed at the conference but did not previously or adequately present in
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writing. This additional information must be submitted by letter with a penalties of perjury
statement in the form described in section 15.10 of this revenue procedure.
The taxpayer must also send a copy of the additional information to the key district
director or the chief, appeals office, for comment. Any comments must be furnished
promptly to the appropriate branch in the national office. If the key district director or the
chief, appeals office, does not have any comments, he or she must notify the branch
representative promptly.
If the additional information would have a significant impact on the facts in the request
for technical advice, the national office will ask the key district director or the chief,
appeals office, for comments on the facts contained in the additional information submitted.
The key district director or the chief, appeals office, will give the additional information
prompt attention.
If the additional information is not received from the taxpayer within 21 calendar days,
the technical advice memorandum will be issued on the basis of the existing record.
An extension of the 21-day period may be granted only if the taxpayer justifies it in
writing, and the appropriate branch chief (or his or her delegate) approves the extension.
Procedures for requesting an extension of the 21-day period and notifying the taxpayer of
the Services’s decision are the same as those in sections 13.03 and 13.04 of this revenue
procedure.
Under limited circumstances,
may schedule a conference
to be held by telephone
.11 Infrequently, taxpayers request that their conference of right be held by telephone.
This request may occur, for example, when a taxpayer wants a conference of right but
believes that the issue does not warrant the expense of traveling to Washington, DC. If a
taxpayer makes such a request, the branch chief, or his or her delegate of the branch to
which the case is assigned, will decide if it is appropriate in the particular case to hold the
conference of right by telephone. If the request is approved, the taxpayer will be advised
when to call the Service representatives (not a toll-free call).
In accordance with section 13.02 of this revenue procedure, the EP/EO specialist or
appeals officer will be offered the opportunity to participate in the telephone conference.
Section 13.02 of this revenue procedure also provides that other Service representatives are
allowed to participate in the conference.
SECTION 14. HOW IS STATUS
OF REQUEST OBTAINED?
Taxpayer may request status
from the key district or
appeals office
.01 The taxpayer or the taxpayer’s representative may obtain information on the status of
the request for technical advice by contacting the key district or appeals office that
requested the technical advice.Seesection 15.08 of this revenue procedure concerning the
time for discussing the tentative conclusion with the taxpayer’s representative.Seesection
16.02 of this revenue procedure regarding discussions of the contents of the technical advice
memorandum with the taxpayer or the taxpayer’s representative.
Key district director or chief,
appeals office may request
status from the national office
.02 The key district or appeals office will be given status updates on the technical advice
quarterly by the national office branch chief assigned to the request. In addition, a key
district director or chief, appeals office, may get current information on the status of the
request for technical advice by calling the office of the appropriate branch chief. Those
offices and their matters of responsibility are listed below:
OfficialTelephone Numbers
(Area Code 202)
(not toll-free)
Chief, Employee Plans
Technical Branch 1;622–6077
Branch 2;622–8400
Branch 3;622–8447
Branch 4;622–8457
Branch 5622–8165
Chief, Employee Plans
l Projects Branch 1;622–7428
Branch 2;622–7882
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Chief, Employee Plans
Actuarial Branch 1;622–8330
Branch 2;622–7529
Chief, Exempt
Organizations Technical
Branch 1;622–9803
Branch 3;622–8120
Branch 4;622–8130
Branch 5622–3180
Seesection 15.09 of this revenue procedure about discussing the final conclusions with
the key district or appeals office. Further, the key district director or the chief, appeals
office will be notified at the time the technical advice memorandum is mailed.
SECTION 15. HOW DOES THE
NATIONAL OFFICE PREPARE
THE TECHNICAL ADVICE
MEMORANDUM?
Delegates authority to branch
chiefs
.01 The authority to issue technical advice on issues under the jurisdiction of the
Assistant Commissioner (Employee Plans and Exempt Organizations) has largely been
delegated to the Chiefs, Employee Plans Technical Branches; Chiefs, Employee Plans
Projects Branches; Chiefs, Employee Plans Actuarial Branches; and Chiefs, Exempt
Organizations Technical Branches.
Determines whether request
has been properly made
.02 A request for technical advice generally is given priority and processed expeditiously.
As soon as the request for technical advice is assigned, the technical employee analyzes the
file to see whether it meets all requirements of sections 7 through 9 of this revenue
procedure.
However, if the request does not comply with the requirements of section 9.05 of this
revenue procedure relating to the deletions statement, the Service will follow the procedure
in the last paragraph of section 10.05 of this revenue procedure.
Contacts the key district or
appeals office to discuss
issues
.03 Usually, within 21 calendar days after the branch receives the request for technical
advice, a representative of the branch telephones the key district or appeals office to discuss
the procedural and substantive issues in the request that come within the branch’s
jurisdiction.
Informs the key district or
appeals office if any matters
in the request have been
referred to another branch or
office
.04 If the technical advice request concerns matters within the jurisdiction of more than
one branch or office, a representative of the branch that received the original technical
advice request generally informs the key district or appeals office within 21 calendar days
of receiving the request that—
(1) the matters within the jurisdiction of another branch or office have been referred to
the other branch or office for consideration, and
(2) a representative of the other branch or office will contact the key district or appeals
office about the referral of the technical advice request within 21 calendar days after
receiving it in accordance with section 15.03 above.
Informs the key district or
appeals office if additional
information is needed
.05 The branch representative will inform the key district or appeals office that the case
is being returned if substantial additional information is required to resolve an issue. Cases
should be returned for additional information when significant unresolved factual variances
exist between the statement of facts submitted by the key district or appeals office and the
taxpayer. They should also be returned if major procedural problems cannot be resolved by
telephone.
If only minor procedural deficiencies exist, the branch will request the additional
information in the most expeditious manner without returning the case.
Informs the key district or
appeals office of the tentative
conclusion
.06 If all necessary information has been provided, the branch representative discusses
with the key district or appeals office his or her tentative conclusion.
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If a tentative conclusion has
not been reached, gives date
estimated for tentative
conclusion
.07 If a tentative conclusion has not been reached because of the complexity of the issue,
the branch representative informs the key district or appeals office of the estimated date the
tentative conclusion will be made.
Advises the key district or
appeals office that
preliminary conclusion not
final
.08 Because the branch representative’s tentative conclusion may change during the
preparation and review of the technical advice memorandum, the tentative conclusion
should not be considered final. Therefore, neither the branch representative nor the key
district or appeals office should advise the taxpayer or the taxpayer’s representative of the
tentative conclusion before the scheduling of the adverse conference.
Advises the key district or
appeals office of final
conclusions
.09 In all cases, the branch representative should inform the EP/EO specialist or appeals
officer of the national office’s final conclusions. The EP/EO specialist or the appeals officer
should be offered the opportunity to discuss the issues and the national office’s final
conclusions before the technical advice memorandum is issued.
If needed, requests additional
information
.10 If, following the initial contact referenced in section 15.03 of this revenue procedure,
it is determined, after discussion with the appropriate branch chief or reviewer, that
additional information is needed, a branch representative will obtain the additional
information from the taxpayer, the key district director, or the chief, appeals office, in the
most expeditious manner possible. Any additional information requested from the taxpayer
by the national office must be submitted by letter with a penalties of perjury statement
within 21 calendar days after the request for information is made.
Penalties of perjury
statement
Additional information submitted to the national office must be accompanied by the
following declaration:‘‘Under penalties of perjury, I declare that I have examined this
information, including accompanying documents, and, to the best of my knowledge
and belief, the information contains all the relevant facts relating to the request, for
the information and such facts are true, correct, and complete.’’This declaration must
be signed and dated by the taxpayer, not the taxpayer’s representative. A stamped signature
is not permitted.
A written request for an extension of time to submit additional information must be
received by the national office within the 21 day period, giving compelling facts and
circumstances to justify the proposed extension. The appropriate branch chief (or his or her
delegate) will determine whether to grant or deny the request for an extension of the 21-day
period. There is no right to appeal the denial of a request for an extension.
If the national office does not receive the additional information within 21 calendar days,
plus any extensions granted by the branch chief (or his or her delegate), the national office
will process the technical advice memorandum based on the existing record.
Requests taxpayer to send
additional information to the
national office and a copy to
the key district director or
chief, appeals office
.11 Whether or not requested by the Service, any additional information submitted by the
taxpayer should be sent to the national office. Generally, the taxpayer needs only to submit
one copy of the additional information to the national office. However, in appropriate cases,
the national office may request additional copies of the information.
Also, the taxpayer must send a copy to either the key district director or the chief, appeals
office, for comment. Any comments must be furnished promptly to the appropriate branch
in the national office. If the key district director or the chief, appeals office, does not have
any comments, he or she must notify the branch representative promptly.
Informs the taxpayer when
requested deletions will not
be made
.12 Generally, before replying to the request for technical advice, the national office
informs the taxpayer orally or in writing of the material likely to appear in the technical
advice memorandum that the taxpayer proposed be deleted but that the Service has
determined should not be deleted.
If so informed, the taxpayer may submit within 10 calendar days any further information
or other arguments supporting the taxpayer’s proposed deletions.
The Service will attempt to resolve all disagreements about proposed deletions before the
national office replies to the request for technical advice. However, the taxpayer does not
have the right to a conference to resolve any disagreements about material to be deleted
from the text of the technical advice memorandum. These matters, however, may be
considered at any conference otherwise scheduled for the request.
Prepares reply in two parts.13 The national office’s reply to a technical advice request is in two parts. Each part
identifies the taxpayer by name, address, identification number, and year or years involved.
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The first part of the reply is a transmittal memorandum. In unusual cases, it is a way of
giving the key district or appeals office administrative or other information that under the
nondisclosure statutes or for other reasons may not be discussed with the taxpayer.
The second part is the technical advice memorandum, which contains—
(1) a statement of the issues;
(2) a statement of the facts pertinent to the issues;
(3) a statement of the pertinent law, tax treaties, regulations, revenue rulings, and other
precedents published in the Internal Revenue Bulletin, and court decisions;
(4) a discussion of the rationale underlying the conclusions reached by the national
office; and
(5) the conclusions of the national office.
The conclusions give direct answers, whenever possible, to the specific issues raised by
the key district or appeals office. However, the national office is not bound by the precise
statement of the issues as submitted by the taxpayer or by the key district or appeals office
and may reframe the issues to be answered in the technical advice memorandum. The
discussion of the issues will be in sufficient detail so that the key district or appeals
officials will understand the reasoning underlying the conclusion.
Accompanying a technical advice memorandum subject to § 6110, is a notice under
§ 6110(f)(1) of intention to disclose the technical advice memorandum (including a copy of
the version proposed to be open to public inspection and notations of third party
communications under § 6110(d)).
Routes replies to appropriate
office
.14 Replies to requests for technical advice are addressed to the key district director or
the chief, appeals office. Replies to requests from appeals should be routed to the
appropriate appeals office through the National Director of Appeals, C:AP:FS.
SECTION 16. HOW DOES A
KEY DISTRICT OR AN
APPEALS OFFICE USE THE
TECHNICAL ADVICE?
Generally applies advice in
processing the taxpayer’s
case
.01 The key district director or the chief, appeals office, must process the taxpayer’s case
on the basis of the conclusions in the technical advice memorandum unless—
(1) the key district director or the chief, appeals office, decides that the conclusions
reached by the national office in a technical advice memorandum should be reconsidered, or
(2) the chief, appeals office, in the case of technical advice unfavorable to the taxpayer,
decides to settle the issue in the usual manner under existing authority.
Subject to a request for reconsideration of the conclusions in a technical advice
memorandum, the key district director must follow the conclusions in a technical advice
memorandum as to all issues and the chief, appeals office, must follow the conclusions in a
technical advice memorandum on issues of an organization’s/plan’s status or qualification.
Thus, if the technical advice memorandum received by a key district director concerns an
organization’s/plan’s status or qualification, the organization/plan has no appeal to the
appeals office on those specific issues.
Discussion with the taxpayer.02 The national office will not discuss the contents of the technical advice memorandum
with the taxpayer or the taxpayer’s representative until the taxpayer has been given a copy
by the key district or appeals office.
Gives copy to the taxpayer.03 The key district director or the chief, appeals office, only after adopting the technical
advice, gives the taxpayer (1) a copy of the technical advice memorandum described in
section 15.13, and (2) the notice under § 6110(f)(1) of intention to disclose the technical
advice memorandum (including a copy of the version proposed to be open to public
inspection and notations of third party communications under § 6110(d)).
This requirement does not apply to technical advice memorandums involving criminal or
civil fraud investigations, or jeopardy or termination assessments, as described in section
10.06 of this revenue procedure, or documents to which § 6104 (document open to public
inspection) applies as described in section 9.03.
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Taxpayer may protest
deletions not made
.04 After receiving the notice under § 6110(f)(1) of intention to disclose the technical
advice memorandum, the taxpayer may protest the disclosure of certain information in it.
The taxpayer must submit a written statement within 20 calendar days identifying those
deletions not made by the Service that the taxpayer believes should have been made. The
taxpayer must also submit a copy of the version of the technical advice memorandum
proposed to be open to public inspection with brackets around deletions proposed by the
taxpayer that have not been made by the national office.
Generally, the national office considers only the deletion of material that the taxpayer has
proposed be deleted or other deletions as required under § 6110(c) before the national
office reply is sent to the key district director or the chief, appeals office. Within 20
calendar days after it receives the taxpayer’s response to the notice under § 6110(f)(1), the
national office must mail the taxpayer its final administrative conclusion about the deletions
to be made.
When no copy is given to the
taxpayer
.05 If the national office tells the key district director or the chief, appeals office, that a
copy of the technical advice memorandum should not be given to the taxpayer and the
taxpayer requests a copy, the key district director or the chief, appeals office, will tell the
taxpayer that no copy will be given.
SECTION 17. WHAT IS THE
EFFECT OF TECHNICAL
ADVICE?
Applies only to the taxpayer
for whom technical advice
was requested
.01 A taxpayer may not rely on a technical advice memorandum issued by the Service
for another taxpayer.
Usually applies retroactively.02 Except when stated otherwise, a holding in a technical advice memorandum is
applied retroactively, unless the Assistant Commissioner (Employee Plans and Exempt
Organizations) exercises discretionary authority under § 7805(b) to limit the retroactive
effect of the holding. Section 17.06 below lists the criteria necessary for granting § 7805(b)
relief, and section 18 of this revenue procedure describes the effect of § 7805(b) relief.
Generally applied
retroactively to modify or
revoke prior technical advice
.03 A holding that modifies or revokes a holding in a prior technical advice
memorandum is applied retroactively, with one exception. If the new holding is less
favorable to the taxpayer than the earlier one, it generally is not applied to the period in
which the taxpayer relied on the prior holding in situations involving continuing
transactions.
Applies to continuing action
or series of actions until
specifically withdrawn,
modified, or revoked
.04 If a technical advice memorandum relates to a continuing action or a series of
actions, ordinarily it is applied until specifically withdrawn or until the conclusion is
modified or revoked by enactment of legislation, ratification of a tax treaty, a decision of
the United States Supreme Court, or the issuance of regulations (temporary or final), a
revenue ruling, or other statement published in the Internal Revenue Bulletin. Publication of
a notice of proposed rulemaking does not affect the application of a technical advice
memorandum.
Applies to continuing action
or series of actions until
material facts change
.05 A taxpayer is not protected against retroactive modification or revocation of a
technical advice memorandum involving a continuing action or a series of actions occurring
after the material facts on which the technical advice memorandum is based have changed.
Does not apply retroactively
under certain conditions
.06 Generally, a technical advice memorandum that modifies or revokes a letter ruling or
another technical advice memorandum or a determination letter is not applied retroactively
either to the taxpayer to whom or for whom the letter ruling or technical advice
memorandum or determination letter was originally issued, or to a taxpayer whose tax
liability was directly involved in such letter ruling or technical advice memorandum or
determination letter if—
(1) there has been no misstatement or omission of material facts;
(2) the facts at the time of the transaction are not materially different from the facts on
which the letter ruling or technical advice memorandum or determination letter was based;
(3) there has been no change in the applicable law;
(4) in the case of a letter ruling, it was originally issued on a prospective or proposed
transaction; and
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(5) the taxpayer directly involved in the letter ruling or technical advice memorandum or
determination letter acted in good faith in relying on the letter ruling or technical advice
memorandum or determination letter, and the retroactive modification or revocation would
be to the taxpayer’s detriment. For example, the tax liability of each employee covered by a
letter ruling or technical advice memorandum or determination letter relating to a pension
plan of an employer is directly involved in the letter ruling or technical memorandum or
determination letter. However, the tax liability of members of an industry is not directly
involved in a letter ruling or technical advice memorandum or determination letter issued to
one of the members, and the holding in a modification or revocation of a letter ruling or
technical advice memorandum or determination letter to one member of an industry may be
retroactively applied to other members of the industry. By the same reasoning, a tax
practitioner may not obtain the nonretroactive application to one client of a modification or
revocation of a letter ruling or technical advice memorandum or determination letter
previously issued to another client.
When a letter ruling or determination letter to a taxpayer or a technical advice
memorandum involving a taxpayer is modified or revoked with retroactive effect, the notice
to the taxpayer, except in fraud cases, sets forth the grounds on which the modification or
revocation is being made and the reason why the modification or revocation is being
applied retroactively.
In order for a technical advice memorandum that modifies or revokes a letter ruling or
another technical advice memorandum or a determination letter not to be applied
retroactively either to the taxpayer to whom or for whom the letter ruling, technical advice
memorandum or determination letter was originally issued, or to a taxpayer whose tax
liability was directly involved in such letter ruling, technical advice memorandum or
determination letter, such taxpayer generally must request relief under § 7805(b) in the
manner described in section 18 below.
SECTION 18. HOW MAY
RETROACTIVE EFFECT BE
LIMITED?
Commissioner has
discretionary authority under
§ 7805(b)
.01 Under § 7805(b) the Commissioner or the Commissioner’s delegate has the
discretion to prescribe the extent, if any, to which a technical advice memorandum will be
applied without retroactive effect.
Taxpayer may request
Commissioner to exercise
authority
.02 A taxpayer who has received a technical advice memorandum or for whom a
technical advice request is pending may request that the Assistant Commissioner (Employee
Plans and Exempt Organizations), the Commissioner’s delegate, exercise the discretionary
authority under § 7805(b) to limit the retroactive effect of any holding stated in the
technical advice memorandum or to limit the retroactive effect of any subsequent
modification or revocation of the technical advice memorandum.
Form of request to limit
retroactivity—before an
examination
.03 When a technical advice memorandum that concerns a continuing transaction is
modified or revoked by, for example, a subsequent revenue ruling or final regulations, a
request to limit the retroactive effect of the modification or revocation of the technical
advice memorandum must be made in the form of a request for a letter ruling if submitted
before examination of the return that contains the transaction that is the subject of the
request for letter ruling.SeeRev. Proc. 97–4.
Form of request to limit
retroactivity—during course
of an examination
.04 When, during the course of an examination of a taxpayer’s return by a key district
director or consideration by the chief, appeals office, a taxpayer is informed that the key
district director or the chief, appeals office, recommends that a technical advice
memorandum be modified or revoked, a request to limit the retroactive application of the
modification or revocation of the technical advice memorandum must itself be made in the
form of a request for technical advice.Seesections 7 through 9 of this revenue procedure
and sections 18.07 and 18.08 below.
The taxpayer must also submit a statement that the request is being made pursuant to
§ 7805(b). This statement must also indicate the relief requested and give the reasons and
arguments in support of the relief requested. It must also be accompanied by any documents
bearing on the request. The explanation should discuss the five items listed in section 17.06
of this revenue procedure as they relate to the taxpayer’s situation.
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The taxpayer’s request, including the statement that the request is being made pursuant to
§ 7805(b), must be forwarded by the key district director or the chief, appeals office, to the
national office for consideration.
Form of request to limit
retroactivity—technical
advice that does not modify
or revoke prior memorandum
.05 A request to limit the retroactive effect of a holding in a technical advice
memorandum that does not modify or revoke a technical advice memorandum may be made
as part of that technical advice request, either initially, or at any time before the technical
advice memorandum is issued by the national office. In such a case, the taxpayer must also
submit a statement in support of the application of § 7805(b), as described in section 18.04
above.
Taxpayer’s right to a
conference
.06 When a request for technical advice concerns only the application of § 7805(b), the
taxpayer has the right to a conference in the national office in accordance with the
provisions of section 13 of this revenue procedure.
If the request for application of § 7805(b) is included in the request for technical advice
on the substantive issues or is made before the conference of right on the substantive issues,
the § 7805(b) issues will be discussed at the taxpayer’s one conference of right.
If the request for the application of § 7805(b) is made as part of a pending technical
advice request after a conference has been held on the substantive issues, and the Service
determines that there is justification for having delayed the request, then the taxpayer will
have the right to one conference of right concerning the application of § 7805(b), with the
conference limited to discussion of this issue.
Exhaustion of administrative
remedies—employee plans
determination letter requests
.07 Where the applicant has requested the key district director to seek technical advice
on the applicability of § 7805(b) relief to a qualification issue under § 401(a) pursuant to a
determination letter request, the applicant’s administrative remedies will not be considered
exhausted until the national office has a reasonable time to act on the request for technical
advice. (Seesection 21 of Rev. Proc. 97–6.)
Exhaustion of administrative
remedies—exempt
organization matters
.08 Where technical advice has been requested pursuant to an exempt organization’s
request for § 7805(b) relief from the retroactive application of an adverse determination
within the meaning of § 7428(a)(1), the exempt organization’s administrative remedies will
not be considered exhausted, within the meaning of § 7428(b)(2), until the national office
has a reasonable time to act on the request for technical advice.
SECTION 19. WHAT IS THE
EFFECT OF THIS REVENUE
PROCEDURE ON OTHER
DOCUMENTS?
Rev. Proc. 96–5 is superseded.
SECTION 20. EFFECTIVE
DATE
This revenue procedure is effective February 1, 1997.
SECTION 21. PAPERWORK
REDUCTION ACT
The collections of information contained in this revenue procedure have been reviewed
and approved by the Office of Management and Budget in accordance with the Paperwork
Reduction Act (44 U.S.C. § 3507) under control number 1545–1520.
An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays a valid control
number.
The collections of information in this revenue procedure are in sections 6.03, 9.01, 9.02,
10.03, 10.04, 10.05, 11.02, 11.03, 12.01, 13.03, 13.10, 15.10, 15.12, 16.04, 18.03, 18.04,
and 18.05. This information is required to evaluate and process the request for a technical
advice memorandum. In addition, this information will be used to help the Service delete
certain information from the text of the technical advice memorandum before it is made
available for public inspection, as required by § 6110. The collections of information are
required to obtain a technical advice memorandum. The more likely respondents are
business or other for-profit institutions.
The estimated total annual reporting and/or recordkeeping burden is 1,650 hours.
The estimated annual burden per respondent/recordkeeper varies from 4 hours to 40
hours, depending on individual circumstances, with an estimated average of 16.5 hours. The
estimated number of respondents and/or recordkeepers is 100.
The estimated annual frequency of responses is one request per applicant.
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Books or records relating to a collection of information must be retained as long as their
contents may become material in the administration of any internal revenue law. Generally
tax returns and tax return information are confidential, as required by § 6103.
DRAFTING INFORMATION
The principal authors of this revenue procedure are Michael Rubin of the Employee Plans Division and Dave Flavin of the
Exempt Organizations Division. For further information regarding how this revenue procedure applies to employee plans
matters, please contact the Employee Plans Division’s taxpayer assistance telephone service or Mr. Rubin between the hours of
1:30 and 4 p.m. Eastern time, Monday through Thursday on (202) 622–6074/6075 or (202) 622–6214, respectively. For exempt
organizations matters, please contact Mr. Flavin at (202) 622–7922. These telephone numbers are not toll-free.
INDEX
References are to sections in Rev. Proc. 97–5
Additional Information
—procedure for submission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 15.02, 15.05, 15.10
—after conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 13.10
—proposed deletions under § 6110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 9.05
Chief Counsel
—jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 5.01
Conferences
—offered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 10.02, 13.01, 13.09
exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .sections 10.06, 11.04, 15.12
—scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 13
request to limit retroactivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 13.07, 13.08, 18.05
telephone conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 13.11
Definition—technical advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 3
Extension of Time
—to appeal decision not to request technical advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 11.02
—to disagree with statement of facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 10.03, 10.04
—to schedule conference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 13.03, 13.04
—to submit additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 13.10, 15.10
Farmers’ Cooperatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 4.02, 5.01
Letter Ruling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 17.06
Mandatory Technical Advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 4.04, 7.01
Paperwork Reduction Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 21
Perjury Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 13.10, 15.10
Power of Attorney. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 9.08
Public Disclosure under § 6110
—deletion statement required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 9.05
exception when § 6104 applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 9.04
failure to submit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 10.05
—notice of intention to disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 16.03
protesting deletions not made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 15.12, 16.04
Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 13.08, 15.10
Retroactive Effect
—in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 17.02—.06
on letter ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 17.06
—request to limit retroactivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 18
employee plans determination letters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 18.07
exempt organization matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 18.08
format of request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 18.03, 18.04
scheduling conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 13.07, 13.09, 18.06
Revenue Rulings
—effect on continuing transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 17.04
request to limit retroactivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 18.01—.03
Section 301.9100–1T Relief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 6
Status of Technical Advice Request
—to key district or appeals office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 14.02
—to taxpayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 14.01
152

Where to Send
—additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 15.11
—technical advice request from appeals office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 9.06
—technical advice from key district office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .section 9.06
Withdrawal of Technical Advice Request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 12
26 CFR 601.201: Rulings and determination letters.
Rev. Proc. 97–6
TABLE OF CONTENTS
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
p. 156.01 Purpose of revenue procedure
.02 Organization of revenue procedure
SECTION 2. WHAT CHANGES
HAVE BEEN MADE TO THIS
PROCEDURE?
p. 157.01 In general
.02 Where to file
.03 GATT and SBJPA
.04 Leased employees
PART I. PROCEDURES FOR DETERMINATION LETTER REQUESTS
SECTION 3. ON WHAT ISSUES
MAY TAXPAYERS REQUEST
WRITTEN GUIDANCE UNDER
THIS PROCEDURE?
p. 157.01 Types of requests
.02 Areas in which determination letters will not be issued
.03 GATT and SBJPA
SECTION 4. ON WHAT ISSUES
MUST WRITTEN GUIDANCE
BE REQUESTED UNDER
DIFFERENT PROCEDURES?
p. 159.01 Employee Plans and Exempt Organizations
.02 Chief Counsel’s revenue procedure
SECTION 5. WHAT IS THE
GENERAL SCOPE OF A
DETERMINATION LETTER?
p. 160.01 Scope
.02 All form and certain non-form requirements generally reviewed
.03 Nondiscrimination in amount requirement
.04 Average benefit test requirement
.05 Nondiscriminatory current availability requirement
.06 Effective availability requirement
.07 Other limits on scope of determination letter
.08 Good faith
SECTION 6. WHAT IS THE
GENERAL PROCEDURE FOR
REQUESTING
DETERMINATION LETTERS?
p. 161.01 Scope
.02 Qualified trusteed plans
.03 Qualified nontrusteed annuity plans
.04 Complete information required
.05 Complete copy of plan and trust required
.06 Section 9 of Rev. Proc. 97–4 applies
.07 Separate application required for each single § 414(l) plan
.08 Schedule Q
.09 Prior letters
.10 User fees
.11 Interested party notification and comment
.12 Contrary authority must be distinguished
153

.13 Employer/employee relationship
.14 Incomplete applications returned
.15 Effect of failure to disclose material fact
.16 Data requirements
.17 Where to file request
.18 Withdrawal of requests
SECTION 7. INITIAL
QUALIFICATION, ETC.
p. 163.01 Scope
.02 Forms
.03 Application for amendments must include copy of plan
.04 Restatements may be required
.05 Controlled groups, etc.
SECTION 8. MASTER &
PROTOTYPE PLANS;
REGIONAL PROTOTYPE
PLANS
p. 164.01 Scope
.02 Determination letter may be necessary for reliance
.03 Forms
.04 Required information
.05 Special rules for standardized plans
.06 Amended plan is treated as an individually designed plan
.07 Requests made prior to the issuance of opinion or notification letter
SECTION 9. VOLUME
SUBMITTER PLANS
p. 166.01 Scope
.02 Definition of volume submitter plan
.03 Purpose of volume submitter program
.04 Description of volume submitter program
.05 User fees
.06 Advisory letter for specimen plan
.07 Determination letter for adoption of volume submitter plan
SECTION 10. MULTIPLE
EMPLOYER PLANS
p. 167.01 Scope
.02 Form 5300 and Schedule Q
.03 Multiple employer M&P plans
.04 Where to file
.05 Preliminary approval for certain multiple employer M&P plans
.06 Determination letter sent to each employer
.07 Addition of employers
SECTION 11. MINOR
AMENDMENT OF PREVIOUSLY
APPROVED PLAN
p. 168.01 Scope
.02 Form 6406
.03 Additional information
.04 Minor amendment procedures may not be used for complex amendments
.05 Key district office has discretion to determine whether use of minor
amendment procedure is appropriate
154

SECTION 12. TERMINATION
OR DISCONTINUANCE OF
CONTRIBUTIONS; NOTICE OF
MERGERS, CONSOLIDATIONS,
ETC.
p. 169.01 Scope
.02 Forms
.03 Required demonstration of nondiscrimination requirements
.04 Compliance with Title IV of ERISA
.05 Termination prior to time for amending for change in law
SECTION 13. FOREIGN SITUS
TRUSTS, FOREIGN
EMPLOYERS
p. 170.01 Scope
.02 Forms
.03 Where to file
.04 Foreign employers
SECTION 14. GROUP TRUSTS p. 170.01 Scope
.02 Required information
SECTION 15. AFFILIATED
SERVICE GROUPS; LEASED
EMPLOYEES
p. 170.01 Scope
.02 Types of requests under § 414(m) and § 414(n)
.03 Employer must request the determination under § 414(m) or § 414(n)
.04 Forms
.05 Employer is responsible for determining status under § 414(m) and
§ 414(n)
.06 Omission of material fact
.07 Service will indicate whether § 414(m) or § 414(n) was considered
.08 M&P plans; regional prototype plans
.09 Required information for § 414(m) determinations
.10 Required information for § 414(n) determinations
SECTION 16. WAIVER OF
MINIMUM FUNDING
p. 172.01 Scope
.02 Applicability of Rev. Proc. 94–41
.03 Waiver and determination letter request submitted to national office
.04 Handling of the request
.05 Interested party notice and comment
.06 When waiver request should be submitted
SECTION 17. SECTION 420
DETERMINATION LETTERS
p. 174.01 Scope
.02 Required information
PART II. INTERESTED PARTY NOTICE AND COMMENT
SECTION 18. WHAT RIGHTS
TO NOTICE AND COMMENT
DO INTERESTED PARTIES
HAVE?
p. 175.01 Rights of interested parties
.02 Comments by interested parties
.03 Requests for DOL to submit comments
.04 Right to comment if DOL declines to comment
.05 Confidentiality of comments
.06 Availability of comments
.07 When comments are deemed made
155

SECTION 19. WHAT ARE THE
GENERAL RULES FOR NOTICE
TO INTERESTED PARTIES?
p. 177.01 Notice to interested parties
.02 Time when notice must be given
.03 Content of notice
.04 Procedures for making information available to interested parties
.05 Information to be available to interested parties
.06 Special rules if there are less than 26 participants
.07 Information described in § 6104(a)(1)(D) should not be included
.08 Availability of additional information to interested parties
.09 Availability of notice to interested parties
PART III. PROCESSING DETERMINATION LETTER REQUESTS
SECTION 20. HOW DOES THE
SERVICE HANDLE
DETERMINATION LETTER
REQUESTS?
p. 179.01 Oral advice
.02 Conferences
.03 Determination letter based solely on administrative record
.04 Notice of final determination
.05 Issuance of the notice of final determination
.06 Key district offices
SECTION 21. EXHAUSTION
OF ADMINISTRATIVE
REMEDIES
p. 180.01 In general
.02 Steps for exhausting administrative remedies
.03 Applicant’s request for § 7805(b) relief
.04 Interested parties
.05 Deemed exhaustion of administrative remedies
.06 Service must act on appeal
.07 Service must act on § 7805(b) request
.08 Effect of technical advice request
SECTION 22. WHAT EFFECT
WILL AN EMPLOYEE PLANS
DETERMINATION LETTER
HAVE?
p. 181.01 Scope of reliance on determination letter
.02 Effect of determination letter on minor plan amendment
.03 Sections 13 and 14 of Rev. Proc. 97–4 applicable
.04 Effect of subsequent publication of revenue ruling, etc.
.05 Determination letter does not apply to taxability issues
SECTION 23. EFFECT ON
OTHER REVENUE
PROCEDURES
p. 182
SECTION 24. EFFECTIVE
DATE
p. 182
SECTION 25. PAPERWORK
REDUCTION ACT
p. 182
DRAFTING INFORMATION
EXHIBIT
APPENDIX § 420
determination letters
SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?
156

Purpose of revenue
procedure
.01 This revenue procedure sets forth the procedures of the various offices of the Internal
Revenue Service for issuing determination letters on the qualified status of pension, profit-
sharing, stock bonus, annuity, and employee stock ownership plans (ESOPs) under § § 401,
403(a), 409 and 4975(e)(7) of the Internal Revenue Code of 1986, and the status for
exemption of any related trusts or custodial accounts under § 501(a).
Organization of revenue
procedure
.02 Part I of this revenue procedure contains instructions for requesting determination
letters for various types of plans and transactions. Part II contains procedures for providing
notice to interested parties and for interested parties to comment on determination letter
requests. Part III contains procedures concerning the processing of determination letter
requests and describes the effect of a determination letter.
SECTION 2. WHAT CHANGES
HAVE BEEN MADE TO THIS
PROCEDURE?
In general.01 This revenue procedure is a general update of Rev. Proc. 96–6, 1996–1 I.R.B. 151,
which contains the Service’s general procedures for employee plans determination letter
requests. Most of the changes to Rev. Proc. 96–6 involve minor revisions, such as updating
citations to other revenue procedures.
Where to file.02 The Service is in the process of centralizing the filing of requests for determination
and other letters and applications for recognition of tax exemption. The list of key district
offices that was formerly in section 20 has therefore been deleted. Applicants are advised to
refer to Announcement 96–133, 1996–53 I.R.B. , and the instructions to Form 8717, User
Fee for Employee Plan Determination Letter Request, for the jurisdictions and mailing
addresses of the key district offices.
GATT and SBJPA.03 Section 3 has been modified to provide that, until further notice is given,
determination letters, other than those issued for terminating plans, will not include
consideration by the Service of any amendments to the qualification requirements made by
the Uruguay Round Agreements Act, Pub. L. 103–465 (GATT) or the Small Business Job
Protection Act of 1996, Pub. L. 104–188 (SBJPA), except as provided in the following
paragraph.
Leased employees.04 Section 15 has been modified, in accordance with section 1454 of SBJPA, to
substitute the ‘‘primary direction or control’’ test for the ‘‘historically performed’’ test in the
information that will be considered by the Service in a determination as to the effect of
§ 414(n) upon a plan’s qualified status.
PART I. PROCEDURES FOR DETERMINATION LETTER REQUESTS
SECTION 3. ON WHAT ISSUES
MAY TAXPAYERS REQUEST
WRITTEN GUIDANCE UNDER
THIS PROCEDURE?
Types of requests.01 Determination letters may be requested on completed and proposed transactions as
set forth below:
TYPE OF REQUESTFORMS
REV. PROC.
SECTION
1. Initial Qualification, etc.
a. Individually Designed Plans (other than collectively bargained)5300, Schedule Q7
b. ESOPs5300, 5309,
Schedule Q
7
c. Collectively Bargained Plans5303, Schedule Q7
d. Adoption of Master & Prototype or Regional prototype plans (including a collectively
bargained plan if no non-collectively bargained employees are in the plan)
5307, Schedule Q8
e. Volume Submitter Plans (including a collectively bargained plan if no
non-collectively bargained employees are in the plan)
5307, Schedule Q9
f. Multiple Employer Plans5300, Schedule Q10
g. Foreign Situs Trusts5300, Schedule Q13
157

TYPE OF REQUESTFORMS
REV. PROC.
SECTION
h. Group TrustsCover letter14
i. Section 420 determination lettersCover letter,
Checklist,
Appendix
17
2. Minor Amendments640611
3. Termination
a. In general5310, 6088,
Schedule Q
12
b. Multiemployer plan covered by PBGC insurance5303, 6088,
Schedule Q
12
Note: Form 5310–A, Notice of Plan Merger, Consolidation, Spinoff or Transfer of Plan
Assets or Liabilities, Notice of Qualified Separate Lines of Business, generally
must be filed not less than 30 days before the merger, consolidation or transfer of
assets and liabilities. The filing of Form 5310–A will not result in the issuance of
a determination letter.
4. Special Procedures
a. Affiliated Service Group Status (§ 414(m)), Leased Employees (§ 414(n))5300, Schedule Q15
b. Minimum Funding Waiver5300, Schedule Q16
Areas in which determination
letters will not be issued
.02 Determination letters issued in accordance with this revenue procedure do not include
determinations on the following issues within the jurisdiction of the Assistant Commissioner
(Employee Plans and Exempt Organizations):
(1) Issues involving § § 72, 79, 105, 125, 127, 129, 402, 403 (other than 403(a)), 404,
409(1), 409(m), 412, 457, 511 through 515, and 4975 (other than 4975(e)(7)), unless these
determination letters are authorized under section 7 of Rev. Proc. 97–4, page 96, this
Bulletin.
(2) Plans or plan amendments for which automatic approval is granted pursuant to
section 8.05 below.
(3) Plan amendments described below (these amendments will, to the extent provided, be
deemed not to alter the qualified status of a plan under § 401(a)).
(a) An amendment solely to permit a trust forming part of a plan to participate in a
pooled fund arrangement described in Rev. Rul. 81–100, 1981–1 C.B. 326;
(b) An amendment that merely adjusts the maximum limitations under § 415 to reflect
annual cost-of-living increases, other than an amendment that adds an automatic
cost-of-living adjustment provision to the plan; and
(c) An amendment solely to include language pursuant to § 403(c)(2) of Title I of the
Employee Retirement Income Security Act of 1974 (ERISA) concerning the reversion of
employer contributions made as a result of mistake of fact.
(4) This section applies to determination letter requests with respect to plans that
combine an ESOP (as defined in § 4975(e)(7) of the Code) with retiree medical benefit
features described in § 401(h) (‘‘HSOPs’’).
(a) In general, determination letters will not be issued with respect to plans that
combine an ESOP with an HSOP with respect to:
(i) whether the requirements of § 4975(e)(7) are satisfied;
(ii) whether the requirements of § 401(h) are satisfied; or
(iii) whether the combination of an ESOP with an HSOP in a plan adversely affects
its qualification under § 401(a).
(b) A plan is considered to combine an ESOP with an HSOP if it contains ESOP
provisions and § 401(h) provisions.
158

(c) However, an arrangement will not be considered covered by section 3.02(4) of this
revenue procedure if, under the provisions of the plan, the following conditions are
satisfied:
(i) No individual accounts are maintained in the § 401(h) account (except as
required by § 401(h)(6));
(ii) No employer securities are held in the § 401(h) account;
(iii) The § 401(h) account does not contain the proceeds (directly or otherwise) of
an exempt loan as defined in § 54.4975–7(b)(1)(iii) of the Pension Excise Tax Regulations;
and
(iv) The amount of actual contributions to provide § 401(h) benefits (when added to
actual contributions for life insurance protection under the plan) does not exceed 25 percent
of the sum of: (1) the amount of cash contributions actually allocated to participants’
accounts in the plan and (2) the amount of cash contributions used to repay principal with
respect to the exempt loan, both determined on an aggregate basis since the inception of the
§ 401(h) arrangement.
(5) Transactions which include transfers of excess assets from ongoing defined benefit
plans to defined contribution plans (including the allocation of excess assets in an ongoing
defined benefit plan to separate accounts that are established in that plan creating a plan
described in § 414(k)) or transfers in connection with the amendment of a defined benefit
plan to create a floor offset arrangement with a defined contribution plan (including the
establishment of the separate accounts used as offsets in the plan that had been solely a
defined benefit plan resulting in a plan described in § 414(k)).
GATT and SBJPA.03 Until further notice is given, determination letters, other than those issued for
terminating plans, will not include consideration by the Service of any amendments to the
qualification requirements made by GATT or SBJPA. (An exception is that determinations
of leased employee status under § 414(n) will reflect the ‘‘primary direction or control’’ test
under § 414(n)(2)(C), as amended by SBJPA, that replaces the former ‘‘historically
performed’’ test. See section 15.) Until such notice is given, plans, other than terminating
plans, that include provisions that reflect the GATT or SBJPA amendments to the
qualification requirements will not be subject to adverse determination letters by reason of
the inclusion of such provisions. However, favorable letters issued for plans, other than
terminating plans, may not be relied upon with respect to whether such provisions satisfy
the qualification requirements as amended by GATT or SBJPA.
SECTION 4. ON WHAT ISSUES
MUST WRITTEN GUIDANCE
BE REQUESTED UNDER
DIFFERENT PROCEDURES?
Employee Plans and Exempt
Organizations
.01 Other procedures for obtaining rulings, determination letters, opinion letters, etc., on
matters within the jurisdiction of the Assistant Commissioner (Employee Plans and Exempt
Organizations) are contained in the following revenue procedures:
(1) National office letter rulings, information letters, etc.:SeeRev. Proc. 97–4.
(2) Master and Prototype (M&P) plans:SeeRev. Proc. 89–9, 1989–1 C.B. 780, as
modified by Rev. Proc. 90–21, 1990–1 C.B. 499, sections 8.03 –8.08 of Rev. Proc. 91–66,
Rev. Proc. 92–41, 1992–1 C.B. 870, and Rev. Proc. 93–10, 1993–1 C.B. 476.
(3) Regional prototype plans:SeeRev. Proc. 89–13, 1989–1 C.B. 801, as modified by
Rev. Proc. 90–21, 1990–1 C.B. 499, sections 8.03 –8.08 of Rev. Proc. 91–66, Rev. Proc.
92–41, Rev. Proc. 93–10, and Rev. Proc. 95–42, 1995–2 C.B. 411.
(4) Technical advice requests:SeeRev. Proc. 97–5, page 131, this Bulletin.
Chief Counsel’s revenue
procedure
.02 For the procedures for obtaining letter rulings, determination letters, etc., on matters
within the jurisdiction of the Associate Chief Counsel (Domestic), the Associate Chief
Counsel (Employee Benefits and Exempt Organizations), and the Associate Chief Counsel
(International), see Rev. Proc. 97–1, page 11, this Bulletin.
159

SECTION 5. WHAT IS THE
GENERAL SCOPE OF A
DETERMINATION LETTER?
Scope.01 This section delineates, generally, the scope of an employee plan determination letter.
It identifies certain qualification requirements, relating to nondiscrimination, that are
considered by the Service in its review of a plan only at the election of the applicant. This
section also identifies certain qualification requirements that are not considered by the
Service in its review of a plan and with respect to which determination letters do not
provide reliance. This section applies to all determination letters other than letters issued in
response to an application filed on Form 6406, Short Form Application for Determination
for Minor Amendment of Employee Benefit Plan; letters relating to the qualified status of
group trusts; and letters relating solely to the requirements of § 420, regarding the transfer
of assets in a defined benefit plan to a health benefit account described in § 401(h). For
additional information pertaining to the scope of reliance on a determination letter, see
section 22 of this revenue procedure.
All form and certain non-form
requirements generally
reviewed
.02 In general, employee plans are reviewed by the Service for compliance with the form
requirements (that is, those plan provisions that are required as a condition of qualification
under § 401(a)). In addition, certain non-form qualification requirements, including, for
example, the minimum participation requirements of § 401(a)(26), are considered by the
Service in its review of a plan. As described below, certain other nondiscrimination
requirements are not considered unless the applicant specifically requests that they be
considered.
Nondiscrimination in amount
requirement
.03 Unless the applicant elects otherwise, a plan that is not intended to satisfy one of the
design-based safe harbors described in §§ 1.401(a)(4)–2(b)(2), 1.401(a)(4)–3(b)(3),
1.401(a)(4)–3(b)(4)(i)(C)(1), 1.401(a)(4)–3(b)(4)(i)(C)(2), 1.401(a)(4)–3(b)(5), 1.401(a)(4)–
8(b)(3), or 1.401(a)(4)–8(c)(3)(iii)(B) of the Income Tax Regulations (herein referred to as
the ‘‘design-based safe harbors’’) will not be reviewed for (and a determination letter may
not be relied on with respect to) the nondiscrimination in amount of contributions or
benefits requirement of § 1.401(a)(4)–1(b)(2).
Average benefit test
requirement
.04 Unless the applicant elects otherwise, a plan that does not satisfy the ratio percentage
test of § 410(b)(1) and the regulations thereunder will not be reviewed for (and
determination letters may not be relied on with respect to) the average benefit test of
§ 410(b)(2) and the regulations thereunder.
Nondiscriminatory current
availability requirement
.05 Any determination letter that expresses an opinion that the plan satisfies the
minimum coverage requirements of § 410(b) also will express an opinion that the plan
satisfies the nondiscriminatory current availability requirements of § 1.401(a)(4)–4(b) with
respect to those benefits, rights, and features that are currently available (within the meaning
of § 1.401(a)(4)–4(b)(2)) to all employees in the plan’s coverage group. The plan’s
coverage group consists of those employees who are treated as currently benefiting under
the plan (within the meaning of § 1.410(b)–3(a)) for purposes of demonstrating that the
plan satisfies the minimum coverage requirements of § 410(b). Applications will not be
reviewed for (and determination letters may not be relied on with respect to) whether the
plan satisfies the requirements of § 1.401(a)(4)–4(b) with respect to any benefit, right, or
feature other than the ones described above, except those that are specified by the applicant
and for which the applicant has provided information relevant to the determination.
Effective availability
requirement
.06 In no event will any plan be reviewed to determine (and determination letters may
not be relied on with respect to) whether any benefit, right, or feature under the plan
satisfies the effective availability requirement of § 1.401(a)(4)–4(c).
Other limits on scope of
determination letter
.07 Determination letters may generally be relied on with respect to whether the timing
of a plan amendment (or series of amendments) satisfies the nondiscrimination requirements
of § 1.401(a)(4)–5(a) of the regulations, unless the plan amendment is part of a pattern of
amendments that significantly discriminates in favor of highly compensated employees. A
favorable determination letter does not provide reliance for purposes of § 404 and § 412
with respect to whether an interest rate (or any other actuarial assumption) is reasonable.
Furthermore, a favorable determination letter will not constitute a determination with respect
to the use of the substantiation guidelines contained in Rev. Proc. 93–42, 1993–2 C.B. 540;
e.g., a determination letter will not consider whether data submitted with an application is
160

substantiation quality. Lastly, a favorable determination letter will not constitute a
determination with respect to whether any requirements of § 414(r), relating to whether an
employer is operating qualified separate lines of business, are satisfied. However, if an
employer is relying on § 414(r) to satisfy the minimum coverage or minimum participation
requirements, a determination letter will take into account whether the plan satisfies the
nondiscriminatory classification test of § 410(b)(5)(B), and, if the requirements of § 410(b)
or § 401(a)(26) are to be applied on an employer-wide basis under the special rules for
employer-wide plans, a determination letter will take into account whether the requirements
of the applicable special rule set forth in § 1.414(r)–1(c)(2)(ii) or § 1.414(r)–1(c)(3)(ii) are
met.
Good faith.08 Generally, the nondiscrimination regulations under § 401(a)(4) and certain related
sections of the Code apply only to plan years beginning on or after January 1, 1994. In the
case of plans maintained by tax-exempt organizations (other than nonelecting church plans
described in § 410(c)(1)(B)), the regulations apply only to plan years beginning on or after
January 1, 1997. In the case of nonelecting church plans, the regulations apply only to plan
years beginning on or after January 1, 1999. A special extended effective date also applies
to governmental plans. For plan years beginning before the regulations under § 401(a)(4)
are effective for the plan, a plan (other than a governmental plan) must be operated in
accordance with a reasonable, good faith interpretation of § 401(a)(4) and certain related
sections of the Code. A determination letter may not be relied on as to whether a plan has
been operated in accordance with a reasonable, good faith interpretation or whether plan
provisions constitute such an interpretation unless the plan has been amended to comply
with the regulations retroactively to the 1989 plan year (or, if a later effective date under
the Tax Reform Act of 1986 (TRA ’86) is applicable, such later year). Furthermore, the
issuance of a favorable determination letter will not preclude an adverse effect on the
qualification of a plan resulting from a failure to operate the plan in accordance with a
reasonable, good faith interpretation of § 401(a)(4) or related sections of the Code.
SECTION 6. WHAT IS THE
GENERAL PROCEDURE FOR
REQUESTING
DETERMINATION LETTERS?
Scope.01 This section contains procedures that are generally applicable to all determination
letter requests. Additional procedures for specific requests are contained in sections 7
through 17.
Qualified trusteed plans.02 A trust created or organized in the United States and forming part of a pension,
profit-sharing, stock bonus or annuity plan of an employer for the exclusive benefit of its
employees or their beneficiaries that meets the requirements of § 401 is a qualified trust
and is exempt from federal income tax under § 501(a) unless the exemption is denied under
§ 502, relating to feeder organizations, or § 503, relating to prohibited transactions, if, in
the latter case, the plan is one described in § 503(a)(1)(B).
Qualified nontrusteed annuity
plans
.03 A nontrusteed annuity plan that meets the applicable requirements of § 401 of the
Code and other additional requirements as provided under § 403(a) and § 404(a)(2),
(relating to deductions of employer contributions for the purchase of retirement annuities),
qualifies for the special tax treatment under § 404(a)(2), and the other sections of the Code,
if the additional provisions of such other sections are also met.
Complete information
required
.04 An applicant requesting a determination letter must file the material required by this
revenue procedure with the appropriate key district director. The filing of the application,
when accompanied by all information and documents required by this revenue procedure,
will generally serve to provide the Service with the information required to make the
requested determination. However, in making the determination, the Service may require the
submission of additional information. Information submitted to the Service in connection
with an application for determination may be subject to public inspection to the extent
provided by § 6104.
Complete copy of plan and
trust instrument required
.05 Except in the case of applications involving master and prototype plans filed on
Form 5307, or minor amendments described in section 11, a complete copy of the plan and
trust instrument is required to be included with the determination letter application. See
sections 7.03 and 7.04 for what must be included with applications involving plan
amendments that are not minor amendments.
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Section 9 of Rev. Proc. 97–4
applies
.06 Section 9 of Rev. Proc. 97–4 is generally applicable to requests for determination
letters under this revenue procedure.
Separate application for each
single § 414(l) plan
.07 A separate application is required for each single plan within the meaning of
§ 414(l). This requirement does not pertain to applications regarding the qualified status of
group trusts.
Schedule Q.08 Schedule Q (Form 5300) must be filed with all determination letter applications,
other than applications filed on Form 6406, applications relating to the qualified status of
group trusts, and applications relating solely to the requirements of § 420. The applicant
must indicate on Schedule Q whether a determination of any of the requirements referred to
in sections 5.03 through 5.05 is requested, and must include with the application form the
material and demonstrations called for in the instructions to Schedule Q.
Prior letters.09 If the plan has received a favorable determination letter in the past, the application
must include a copy of the latest determination letter, if available. If the letter is not
available, an explanation must be included with the application.
User fees.10 The appropriate user fee must be paid according to the procedures of Rev. Proc.
97–8. Form 8717, User Fee for Employee Plan Determination Letter Request, should
accompany each determination letter request submitted to a key district office.
Interested party notification
and comment
.11 Before filing an application, the applicant requesting a determination letter must
satisfy the requirements of § 3001(a) of ERISA, and § 7476(b)(2) of the Code and the
regulations thereunder, which provide that an applicant requesting a determination letter on
the qualified status of certain retirement plans must notify interested parties of such
application. The general rules of the Service with respect to notifying interested parties of
requests for determination letters relating to the qualification of plans involving §§ 401 and
403(a) are set out below in sections 18 and 19 of this revenue procedure.
Contrary authority must be
distinguished
.12 If the application for determination involves an issue where contrary authorities exist,
failure to disclose or distinguish such significant contrary authorities may result in requests
for additional information, which will delay action on the application.
Employer/employee
relationship
.13 When, in connection with an application for a determination on the qualification of
the plan, it is necessary to determine whether an employer-employee relationship exists, the
key district director will make such determinations. In such cases, the application with
respect to the qualification of the plan should be filed in accordance with the provisions of
this revenue procedure, contain the information and documents in the instructions to the
application, and be accompanied by a completed Form SS–8, Information for Use in
Determining whether a Worker is an Employee for Federal Employment Taxes and Income
Tax Withholding, and any information and copies of documents the organization deems
appropriate to establish its status. The Service may, in addition, require further information
that it considers necessary to determine the employment status of the individuals involved
or the qualification of the plan. After the employer-employee relationships have been
determined, the key district director may issue a determination letter as to the qualification
of the plan.
Incomplete applications
returned
.14 If an applicant requesting a determination letter does not comply with all the required
provisions of this revenue procedure, the key district director, in his or her discretion, may
return the application and point out to the applicant those provisions which have not been
met. The request may also be returned pursuant to Rev. Proc. 97–8 if the correct user fee is
not attached. If such a request is returned to the applicant, the 270-day period described in
§ 7476(b)(3) will not begin to run until such time as the provisions of this section have
been satisfied.
Effect of failure to disclose
material fact
.15 The Service may determine, based on the application form, the extent of review of
the plan document. A failure to disclose a material fact or misrepresentation of a material
fact on the application may adversely affect the reliance which would otherwise be obtained
through issuance by the Service of a favorable determination letter. Similarly, failure to
accurately provide any of the information called for on any form required by this revenue
procedure may result in no reliance.
Data requirements.16 The applicant is responsible for the accuracy of any factual representations and
conclusions contained in the application. In some circumstances, applicants may not be able
to use precise data in preparing demonstrations or schedules that may be required to be
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submitted with the application. Therefore, the use of estimated data in these demonstrations
and schedules is not prohibited. In addition, the data used may be for a prior plan year,
provided the following conditions are satisfied: (1) the data is the most recent data
available, (2) there is no misstatement or omission of material fact with respect to such
prior year’s data, (3) there has been no material change in the facts (including a change in
the benefits provided under the plan and employee demographics) since such prior plan
year, (4) the same data is used throughout the application, (5) the data is relevant to the
operational effect of the plan provisions that are under review, and (6) the applicant clearly
discloses that prior year’s data is being submitted with the application. The use of estimated
or prior year’s data is not a misrepresentation of material fact. A determination letter that is
based on estimated or prior year’s data, however, may not be relied upon to the extent that
such data does not satisfy the substantiation guidelines in Rev. Proc. 93–42.
Where to file request.17 Requests for determination letters are to be addressed to the key district director
specified below, except as indicated.
(1) In the case of a plan of a single employer, the request is to be addressed to the key
district director for the district that processes applications for the area in which the
employer’s principal place of business is located.SeeAnnouncement 96–133 and the
instructions to Form 8717, User Fee for Employee Plan Determination Letter Request, for
the jurisdictions and mailing addresses of the key district offices.
(2) In the case of a multiemployer plan established or proposed by contributing
employers with principal places of business located within the area of jurisdiction of more
than one key district office, as an alternative to (1) above, the request may be addressed to
the key district director for the area in which the trustee’s principal place of business is
located. If the plan has more than one trustee, the request may be addressed to the key
district director for the area in which the trustees usually meet.
(3) In the case of a plan maintained by more than one employer (other than a
multiemployer plan), the applicant or plan administrator must file the appropriate form with
the key district director for the area in which the principal place of business of the plan
sponsor is located. This means the principal place of business of the association, committee,
joint board of trustees or other similar group, or representatives of those who establish or
maintain the plan.
(4) In the case of related employers described in § 414(b), (c), or (m), the request for
any plan maintained by any member of the group must be addressed to the key district
director for the area in which the principal place of business for the group of employers is
located.
(5) In the case of a group trust arrangement under Rev. Rul. 81–100, the request on
behalf of the master trust must be addressed to the key district director for the area in which
the principal place of business of the trustee is located. Requests on behalf of the
participating trusts and related plans must be addressed as otherwise provided in this
section.
Withdrawal of requests.18 The applicant’s request for a determination letter may be withdrawn by a written
request at any time prior to the issuance of a final adverse determination letter. If an appeal
to a proposed adverse determination letter is filed, a request for a determination letter may
be withdrawn at any time prior to the forwarding of the proposed adverse action to the
chief, appeals office. In the case of a withdrawal, the Service will not issue a determination
of any type. A failure to issue a determination letter as a result of a withdrawal will not be
considered a failure of the Secretary or his delegate to make a determination within the
meaning of § 7476. However, the Service may consider the information submitted in
connection with the withdrawn request in a subsequent examination. Generally, the user fee
will not be refunded if the application is withdrawn.
SECTION 7. INITIAL
QUALIFICATION, ETC.
Scope.01 This section contains the procedures for requesting determination letters for
individually designed defined contribution and defined benefit plans including employee
stock ownership plans and collectively bargained plans in the following circumstances:
(1) Initial qualification.
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(2) Amendment (other than minor amendments described in section 11 below for which
Form 6406 is appropriate).
(3) Restatement of plan.
(4) Qualification of a plan in the event of a partial termination.
(5) Change in scope of determination letter. This means that the applicant has previously
received a favorable determination letter for the plan and now wishes to modify the scope
of the letter, for example, by requesting the Service to review the plan for certain
nondiscrimination requirements that were not within the scope of the earlier letter.
(6) Other circumstances (excluding plan termination) such as a change in the
demographics of the employer or a change in the method of testing the plan that was used
in a demonstration submitted in support of an earlier application.
Forms.02 A determination letter request for the items listed in section 7.01 is made by filing
the appropriate form according to the instructions to the form and any prevailing revenue
procedures, notices, and announcements.
(1) Form 5300, Application for Determination for Employee Benefit Plan, must be filed
to request a determination letter for plans other than collectively bargained plans.
(2) Form 5303, Application for Determination for Collectively Bargained Plan, must be
filed by a sponsor of a collectively bargained plan. If there is more than one plan, a
separate Form 5303 must be filed for each plan.
(3) Form 5309, Application for Determination of Employee Stock Ownership Plan, must
be filed as an attachment with a Form 5300 or Form 5303 (if the ESOP is collectively
bargained), in order to request a determination whether the plan is an ESOP under § 409 or
§ 4975(e)(7).
(4) Schedule Q, (Form 5300) Nondiscrimination Requirements, must be filed as an
attachment with Form 5300 and Form 5303.
Application for amendments
must include copy of plan
.03 Because a plan amendment, other than a minor amendment described in section 11,
may affect other portions of a plan so as to cause plan disqualification, a determination
letter issued on such an amendment to a plan will express an opinion on the entire plan, as
amended. Therefore, the determination letter application must include a copy of the plan
and trust instrument plus all plan amendments made to the date of the application. The
application must also include a statement explaining how any amendments made since the
last determination letter affect the plan or any other plan maintained by the employer.
Restatements may be
required
.04 A restated plan is required to be submitted if four or more amendments (excluding
amendments making only non-substantive changes) have been made since the last restated
plan was submitted. In addition, the Service may require restatement of a plan or
submission of a working copy of the plan in a restated format when considered necessary,
for example when there have been major changes in law. A restated plan or a working copy
of the plan in a restated format must be submitted for a plan that has not previously
received a determination letter that takes into account all requirements of TRA ’86.
Controlled groups, etc..05 For a controlled group of corporations as defined in § 414(b), trades or businesses
under common control as defined in § 414(c), an affiliated service group within the
meaning of § 414(m), and entities utilizing the services of leased employees within the
meaning of § 414(n), the coverage items on the application forms referred to in this
revenue procedure must be completed as though the controlled group, commonly controlled
trades or businesses, affiliated service group, etc., constitutes a single entity. Leased
employees within the meaning of § 414(n) must be included as employees of the recipient
entity (except in the case of a safe-harbor plan described in § 414(n)(5)).
SECTION 8. MASTER &
PROTOTYPE PLANS;
REGIONAL PROTOTYPE
PLANS
Scope.01 This section contains procedures for requesting determination letters relating to M&P
plans or regional prototype plans.
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Determination letter may be
necessary for reliance
.02 Except as provided in section 8.05, the issuance of a favorable opinion letter or
notification letter for an M&P plan or regional prototype plan does not constitute a
determination that an employer adopting the sponsoring organization or sponsor’s plan has
reliance that the plan is qualified under § 401(a). In order to have reliance, an employer
must obtain a favorable determination letter according to this revenue procedure. In general,
determination letters are requested for the employer’s adoption of an M&P plan or regional
prototype plan, or for a change by the employer in the choice of options offered by the
sponsoring organization of an M&P plan or sponsor of a regional prototype plan.
Forms.03 Form 5307, Application for Determination for Adopters of Master or Prototype,
Regional Prototype, or Volume Submitter Plan, must be filed to request a determination
letter for the adoption of an M&P plan or a regional prototype plan. Schedule Q, (Form
5300) Nondiscrimination Requirements, must be filed as an attachment to Form 5307. Form
5307 may also be filed by adopters of pre-approved plans that are single employer
collectively bargained plans that benefit only collectively bargained employees described in
§ 1.410(b)–6(d)(2) and that automatically satisfy the requirements of § 1.410(b)–2(b)(7).
Required information.04 The determination letter request must include the following:
(1) An adoption agreement showing which elections the employer is making with respect
to the elective provisions contained in the plan;
(2) A copy of the plan’s most recent opinion letter or notification letter;
(3) In the case of a determination letter request for a regional prototype plan, the
application must include a certification by the sponsor that the notification letter has not
been withdrawn and is still in effect with respect to the plan being submitted; and
(4) In the case of a determination letter request for a regional prototype plan that uses a
separate trust or custodial account, a copy of the employer’s trust or custodial account
document.
Special rules for standardized
plans
.05 The following procedures apply for an employer’s adoption of an M&P or regional
prototype standardized form plan or paired plan.
(1) An employer adopting a standardized form or paired plan may rely on that plan’s
opinion or notification letter, except as provided in section 8.05(2) and (3) below, if the
following conditions are satisfied:
(a) The sponsoring organization or sponsor of such plan or plans has a currently valid
favorable opinion or notification letter; and
(b) The employer has followed the terms of the plan(s), and the coverage and
contributions or benefits under the plan(s) are not more favorable to highly compensated
employees (as defined in § 414(q)) than for other employees.
(2) Except in the case of a combination of paired plans, an employer may not rely on
opinion letters for standardized form plans without obtaining a determination letter if the
employer maintains at any time, or has maintained at any time, another plan, including a
standardized form plan, that was qualified or determined to be qualified covering some of
the same participants. For this purpose, a plan that has been properly replaced by the
adoption of a standardized form plan is not considered another plan. The plan that has been
replaced and the standardized form plan must be of the same type (e.g., both money
purchase pension plans) in order for the employer to be able to rely on the standardized
form plan’s opinion or notification letter without obtaining a determination letter.
(3) With respect to M&P plans, a standardized plan sponsored by a trade or professional
organization which is adopted by an employer that is not a bona fide member of such
organization will be considered an individually designed plan unless the following
conditions are satisfied:
(a) The trade or professional organization is exempt from federal income taxation
under § 501(c)(6);
(b) The plan is a standardized defined contribution plan;
(c) The trade or professional organization makes the plan available for adoption by
nonmember employers by furnishing it to those of its members that independently qualify as
sponsoring organizations; and
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(d) The requirements of section 5.01(2) through 5.01(5) of Rev. Proc. 90–21 are
satisfied.
Amended plan is treated as
an individually designed plan
.06 An employer that amends any provision of an M&P plan or regional prototype plan
or its adoption agreement (other than to choose among the options offered by the
sponsoring organization or sponsor if the plan permits or contemplates such options), or an
employer that chooses to discontinue participation in such a plan as amended by its
sponsoring organization or sponsor and does not substitute another approved plan referred to
in this section 8 is considered to have adopted an individually designed plan. The
requirements stated in this revenue procedure relating to the issuance of determination
letters for individually designed plans will then apply to such plan.
Requests made prior to the
issuance of opinion or
notification letter
.07 An application submitted by an employer with respect to an M&P plan or regional
prototype plan will be treated as an application for an individually designed plan if it is
submitted prior to the time the M&P plan or regional prototype plan is approved.
SECTION 9. VOLUME
SUBMITTER PLANS
Scope.01 This section contains procedures for requesting advisory letters and determination
letters for volume submitter plans.
Definition of volume submitter
plan
.02 A volume submitter plan is a profit-sharing plan (including a § 401(k) plan), a
money purchase pension plan or a defined benefit plan, the form of which meets certain
criteria established by an individual key district office and which is submitted pursuant to
procedures established by the key district office for filing requests for volume submitter
advisory letters (with respect to the specimen plan) and requests for determination letters
(with respect to the adoption of an approved specimen plan). The Service will not accept
volume submitter requests with respect to ESOPs, stock bonus plans, or cross-tested defined
contribution plans (other than target benefit plans that satisfy the safe harbor in
§ 1.401(a)(4)–8(b)(3)).
Purpose of volume submitter
program
.03 The volume submitter program enables key district offices to expedite the issuance of
determination letters in response to applications for approval of individually designed plans.
The program is administered locally by each key district office.
Description of volume
submitter program
.04 Under the volume submitter program, a practitioner who qualifies may request the
Service to issue an advisory letter regarding a volume submitter specimen plan. A specimen
plan is a sample plan of a practitioner (rather than the actual plan of an employer) that
contains provisions which are identical or substantially similar to the provisions in plans
that such practitioner’s clients have adopted or are expected to adopt. Once the Service has
approved the specimen plan, the practitioner will be able to file determination letter requests
on behalf of employers adopting substantially similar plans.
User fees.05 Rev. Proc. 97–8 provides reduced user fees for requests under the volume submitter
program if certain requirements are satisfied. For adopting employers to be entitled to file a
request with the lower fees, the volume submitter practitioner must certify at the time of
filing the specimen plan that at least 30 employers within any two regions of the Service
are expected to adopt plans that are substantially similar in form to the specimen plan. Also,
the volume submitter practitioner must be a representative of the employer when the
employer’s determination letter application is filed. Although the volume submitter is not
required to submit a list of adopting employers, the Service reserves the right to request
such a list.
Advisory letter for specimen
plan
.06 With respect to advisory letters for volume submitter specimen plans:
(1) A request for approval of a volume submitter specimen plan must be submitted to the
key district director for the area in which the practitioner has its principal place of business.
The request must include the following:
(a) A copy of the specimen plan and any related specimen trust instrument;
(b) A cover letter requesting approval that includes the certification described in
section 9.05 above and indicates the type of plan for which approval is being requested; and
(c) The required user fee submitted with Form 8717, User Fee for Employee Plan
Determination Letter Request.
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(2) A practitioner who has received approval of a volume submitter specimen plan in a
key district office must receive separate approval of the plan from the key district director
for each other area in which there are clients adopting substantially similar plans. Once the
practitioner has received approval from the key district director for the area in which the
practitioner’s principal place of business is located, the practitioner may file for approval of
the same specimen plan with other key district directors. If the practitioner certifies at the
time of filing with the second key district office that the specimen plan is identical to a
specimen plan approved by another key district office with respect to that practitioner and
attaches a copy of that office’s advisory letter, then the user fee that would otherwise be
charged for the specimen plan will not be charged.
Determination letter for
adoption of volume submitter
plan
.07 With respect to determination letters for volume submitter plans:
(1) Form 5307, Application for Determination for Adopters of Master or Prototype,
Regional Prototype, or Volume Submitter Plan, is filed to request a determination letter on
an employer’s adoption of a volume submitter plan, including adopters of single-employer
collectively bargained plans that automatically satisfy the requirements of
§ 1.410(b)–2(b)(7).
(2) Schedule Q, (Form 5300) Nondiscrimination Requirements, must be filed as an
attachment to Form 5307.
(3) A copy of the advisory letter for the practitioner’s volume submitter specimen plan
must be submitted with each Form 5307.
(4) The volume submitter practitioner must be the representative of the employer when
the employer’s determination letter application is filed.
(5) All applications submitted by adopters of district approved volume submitter plans
must be accompanied by a copy of the plan and trust instrument and by a written
representation made by the volume submitter which states whether the plan is
word-for-word, and if not, explains how the plan and trust instrument are not word-for-word
identical to the key district approved specimen plan and which describes the location, nature
and effect of each difference from the language of the approved specimen plan. The extent
to which the plan and trust instrument may differ from the approved specimen plan will be
governed by the procedures of the appropriate key district office.
(6) All applications submitted by adopters of key district approved volume submitter
plans must also be accompanied by any other information or material required by the key
district office.
(7) All applications for plans that have at any time in the past received a favorable
determination letter must include a copy of the plan’s latest determination letter.
SECTION 10. MULTIPLE
EMPLOYER PLANS
Scope.01 This section contains procedures for applications filed with respect to plans described
in § 413(c).
Form 5300 and Schedule Q.02 An application filed with respect to a multiple employer plan must include a
completed Form 5300 filed on behalf of one employer and a separate Form 5300 completed
through line 8 for each other employer maintaining the plan. One Schedule Q, (Form 5300)
Nondiscrimination Requirements, should be filed for the plan. In accordance with the
instructions for Schedule Q, separate coverage and other information must be submitted for
each employer.
Multiple employer M&P plans.03 Certain multiple employer plans have in the past received Service approval as M&P
plans. In the case of such a plan that will continue to use an adoption agreement format, the
application must also include a completed adoption agreement for each employer
maintaining the plan. Regardless of whether an adoption agreement format continues to be
used for such a plan, the rules of § 1.414(l)–1 will apply in determining whether the plan is
a single plan for which only one determination letter will be issued and which requires only
one user fee.
Where to file.04 The complete application, including all Forms 5300 (and, if applicable, adoption
agreements) for employers maintaining the plan as of the date of the application, must be
filed as one package submission with the key district director for the area in which the
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association maintaining the plan, the trustees, or the plan administrators have their principle
place of business. The application is to be directed to the attention of the key district office
volume submitter coordinator.
Preliminary approval for
certain multiple employer
M&P plans
.05 Multiple employer plan applicants who previously received Service approval for a
plan as an M&P plan and who will continue to use an adoption agreement format are
encouraged to request preliminary approval of the provisions of the plan, including the
permitted adoption agreement elections, prior to making the submission described above.
Preliminary approval may be requested by submitting a copy of the plan and trust
instrument, including a blank adoption agreement, and a copy of the latest opinion letter to
the volume submitter coordinator for the key district where the complete application will be
filed, requesting preliminary approval pursuant to this procedure. The request should not
include an application form or user fee. The key district will notify the applicant in writing
if preliminary approval is granted, and the complete application may then be filed. Adopting
employers will not be entitled to rely on the preliminary approval as to the qualified status
of the plan. If the applicant has requested preliminary approval of the plan on or before
November 14, 1990, the Service will treat the TRA ’86 § 401(b) remedial amendment
period for the plan as not expiring earlier than the date that is twelve months after the date
of the key district office’s preliminary approval.
Determination letter sent to
each employer
.06 The Service will mail a copy of the determination letter issued with respect to the
plan to each employer maintaining the plan.
Addition of employers.07 If other employers become participating employers under the plan after a favorable
determination letter has been issued, the employers may not continue to rely on such
favorable determination letter. However, an applicant may request a determination that the
addition of new participating employers to the plan does not adversely affect the plan’s
qualified status by filing a completed Form 5300 for the plan in the name of the controlling
member on the Form 5300 filed pursuant to section 10.02 above, and a supplemental Form
5300 (and, if applicable, adoption agreement) for each new participating employer. The
Service will send copies of such a determination only to the applicant and the new
participating employers.
SECTION 11. MINOR
AMENDMENT OF PREVIOUSLY
APPROVED PLAN
Scope.01 This section contains procedures for requesting determination letters on the effect of
a minor plan amendment.
Form 6406.02 Form 6406, Short Form Application for Determination for Minor Amendment of
Employee Benefit Plan, may be filed to request a determination letter on a minor plan
amendment. This form may be used for minor amendments of individually designed plans
(including volume submitter plans) or permitted changes to adoption agreement elections in
master or prototype or regional prototype plans, provided the changes constitute minor
amendments. The Service may also designate other specific amendments which may be
submitted using Form 6406.
Additional information.03 All applications must be accompanied by a copy of the new amendments, a statement
as to how the amendments affect or change the plan or any other plan maintained by the
employer, and a copy of the latest determination letter. In the case of a master or prototype,
regional prototype, or volume submitter plan, a copy of the opinion, notification, or
advisory letter should also be included. A copy of the plan or trust instrument should not be
filed with the Form 6406.
Minor amendment
procedures may not be used
for complex amendments
.04 Since determination letters issued on minor amendments express an opinion only as
to whether the amendments, in and of themselves, affect the qualification of employee plans
under § 401 or 403(a), the minor amendment procedures cannot be used for complex
amendments that may affect other portions of the plan so as to cause plan disqualification.
Thus, the minor amendment procedures may not be used for an amendment to add a
§ 401(k) or an ESOP provision to a plan, or to restate a plan. The minor amendment
procedures also may not be used to obtain a determination letter on plan amendments
involving plan mergers or consolidations, transfers of assets or liabilities, or plan
terminations (including partial terminations). In addition, the minor amendment procedures
may not be used for an amendment that involves a significant change to plan benefits or
coverage.
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Key district office has
discretion to determine
whether use of minor
amendment procedures is
appropriate
.05 The key district office has discretion to determine whether a plan amendment may be
submitted as a minor plan amendment. The key district office may request additional
information, including the filing of a Form 5300 series application if it determines that the
application and the attachments filed under the minor amendment procedures do not contain
sufficient information, or that the Form 6406 is inappropriate.
SECTION 12. TERMINATION
OR DISCONTINUANCE OF
CONTRIBUTIONS; NOTICE OF
MERGERS, CONSOLIDATIONS,
ETC.
Scope.01 This section contains procedures for requesting determination letters involving plan
termination or discontinuance of contributions. This section also contains procedures
regarding required notice of merger, consolidation, or transfer of assets or liabilities.
Forms.02 Required Forms
(1) Form 5310, Application for Determination Upon Termination, is filed by plans other
than multiemployer plans covered by the insurance program of the Pension Benefit
Guaranty Corporation (PBGC).
(2) Form 5303 is filed in the case of a multiemployer plan covered by PBGC insurance.
(3) Schedule Q, (Form 5300) Nondiscrimination Requirements, is required to be filed as
an attachment to Form 5310 or Form 5303.
(4) Form 6088, Distributable Benefits from Employee Pension Benefit Plans, is also
required of a sponsor or plan administrator of a defined benefit plan or an underfunded
defined contribution plan who files only an application for a determination letter regarding
plan termination. For collectively bargained plans, a Form 6088 is required only if the plan
benefits employees who are not collectively bargained employees within the meaning of
§ 1.410(b)–6(d). A separate Form 6088 is required for each employer employing such
employees.
(5) Form 5310–A Notice of Plan Merger or Consolidation, Spinoff, or Transfer of Plan
Assets or Liabilities; Notice of Qualified Separate Lines of Business, if required, generally
must be filed not later than 30 days before merger, consolidation or transfer of assets and
liabilities. The filing of Form 5310–A will not result in the issuance of a determination
letter.
Required demonstration of
nondiscrimination
requirements
.03 An applicant requesting a determination letter upon termination may not decline to
elect that the plan be reviewed for the average benefit test (if applicable) or the
nondiscrimination in amount requirement, as otherwise permitted under sections 5.03 and
5.04, unless the following conditions are satisfied:
(1) with respect to the average benefit test, the plan must have received a favorable
determination letter that stated that the plan satisfied the requirements of the test;
(2) with respect to the nondiscrimination in amount requirement, the plan must have
received a favorable determination letter that stated that the plan satisfied the requirements
of either a nondesign-based safe harbor or the general test for nondiscrimination in amount;
(3) the favorable determination letter was issued during the immediately preceding three
plan years; and
(4) there has been no material change in the facts (including benefits provided under the
plan and employee demographics) upon which the determination was based.
Compliance with Title IV of
ERISA
.04 In the case of plans subject to Title IV of ERISA, a favorable determination letter
issued in connection with a plan’s termination is conditioned on approval that the
termination is a valid termination under Title IV of ERISA. Notification by PBGC that a
plan may not be terminated will be treated as a material change of fact.
Termination prior to time for
amending for change in law
.05 A plan that terminates after the effective date of a change in law, but prior to the date
that amendments are otherwise required, must be amended to comply with the applicable
provisions of law from the date on which such provisions become effective with respect to
the plan. Because such a terminated plan would no longer be in existence by the required
amendment date and therefore could not be amended on that date, such plan must be
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amended in connection with the plan termination to comply with those provisions of law
that become effective with respect to the plan on or before the date of plan termination
(such amendments include any amendments made after the date of plan termination that
were required in order to obtain a favorable determination letter). In addition, annuity
contracts distributed from such terminated plans also must meet all the applicable provisions
of any change in law. However, see Notice 88–131, 1988–2 C.B. 546, Rev. Proc. 89–65,
1989–2 C.B. 86, Notice 89–92, 1989–2 C.B. 410, Notice 90–73, 1990–2 C.B. 353, Notice
91–38, 1991–2 C.B. 636, Notice 92–36, 1992–2 C.B. 634, and Announcement 95–48,
1995–23 I.R.B. 13.
SECTION 13. FOREIGN SITUS
TRUSTS, FOREIGN
EMPLOYERS
Scope.01 This section contains procedures for requesting determination letters involving
foreign situs trusts and foreign employers.
Forms.02 A domestic employer adopting a foreign situs trust may request a determination letter
regarding the qualification of its plan under § 401(a) by filing Form 5300, Form 5303 or
Form 5307, whichever is appropriate, and Schedule Q.
Where to file.03 Such a request should be addressed to the key district director for the area in which
the employer’s principal place of business is located. If there is a plan administrator, this
material should be filed with the key district director for the area in which the plan
administrator is located.SeeAnnouncement 96–92 and the instructions to Form 8717, User
Fee for Employee Plan Determination Letter Request, for the jurisdictions and mailing
addresses of the key district offices.
Foreign employers.04 In the case of a foreign employer and U.S. possessions, the request should be
addressed to:
Internal Revenue Service
P.O. Box 192
Covington, KY 41012–0192
SECTION 14. GROUP TRUSTS
Scope.01 This section provides special procedures for requesting a determination letter on the
qualified status of a group trust under Rev. Rul. 81–100.
Required information.02 A request for a determination letter on the status of a group trust as described in Rev.
Rul. 81–100 is made by submitting a written request demonstrating how the group trust
satisfies the five criteria listed in Rev. Rul. 81–100, together with the trust instrument and
related documents.
SECTION 15. AFFILIATED
SERVICE GROUPS; LEASED
EMPLOYEES
Scope.01 This section provides procedures for determination letter requests on affiliated service
group status under § 414(m), and the effect of leased employees on a plan’s qualified
status.
Types of requests under
§ 414(m) or § 414(n)
.02 In accordance with section 7.01, an employer that is subject to § 414(m) or (n) may
request a determination letter under the following circumstances: (1) with respect to the
initial qualification of its plan, (2) on a plan amendment, and (3) in certain circumstances,
even though the plan has not been amended (for example, where there has been a change in
membership in the affiliated service group or where the employer did not previously have
reliance).
Employer must request the
determination under
§ 414(m) or § 414(n)
.03 Generally, a determination letter will cover § 414(m) or § 414(n) only if the
employer requests such determination, and submits with the determination letter application
the information specified in section 15.09 or section 15.10 below.
Forms.04 Form 5300 (with Schedule Q) is submitted for a request on affiliated service group
status or leased employee status. Form 5307 cannot be used for this purpose.
Employer is responsible for
determining status under
§ 414(m) and § 414(n)
.05 An employer is responsible for determining at any particular time whether it is a
member of an affiliated service group and, if so, whether its plan(s) continues to meet the
requirements of § 401(a) after the effective date of § 414(m), including § 414(m)(5). An
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employer or plan administrator is also responsible for taking action relative to the
employer’s qualified plan if that employer becomes, or ceases to be, a member of an
affiliated service group. An employer that is the recipient of services of leased employees
within the meaning of § 414(n) is also responsible for determining at any particular time
whether a leased employee is deemed to be an employee of the recipient for qualified plan
purposes.
Omission of material fact.06 Failure to properly indicate that there is or may be an affiliated service group and to
provide the information specified in section 15.09 of this revenue procedure, or failure to
properly indicate that an employer is utilizing the services of leased employees and to
provide the information specified in section 15.10, is an omission of a material fact. The
failure of the adopting employer to follow the procedures in this section will result in the
employer being unable to rely on any favorable determination letter concerning the effect of
§ 414(m) or § 414(n) on the qualified status of the plan.
Service will indicate whether
§ 414(m) or § 414(n) was
considered
.07 If the Service considers whether the plan of an employer satisfies the requirements of
§ 414(m) or § 414(n), the determination letter issued to the employer will state that
questions arising under § 414(m) or § 414(n) have been considered, and that the plan
satisfies qualification requirements relating to that section. Absent such a statement
pertaining to § 414(m) or § 414(n), a determination letter does not apply to any
qualification issue arising by reason of such provisions.
M&P plans; regional
prototype plans
.08 An employer that has adopted an M&P plan or a regional prototype plan (including a
standardized form plan within the meaning of section 3.08 of Rev. Proc. 89–9 or a
standardized regional prototype plan within the meaning of section 4.11 of Rev. Proc.
89–13) and wants a determination as to the effect of § 414(m) or § 414(n) on the qualified
status of its plan must attach the information required by section 15.09 of this revenue
procedure to Form 5300 and submit the information, Form 5300, Schedule Q, and any other
materials necessary to make a determination to the appropriate key district office.
Required information for
§ 414(m) determination
.09 A determination letter issued with respect to a plan’s qualification under § 401(a),
403(a), or 4975(e)(7) will be a determination as to the effect of § 414(m) upon the plan’s
qualified status only if the application includes:
(1) A description of the nature of the business of the employer, specifically whether it is
a service organization or an organization whose principal business is the performance of
management functions for another organization, including the reasons therefor;
(2) The identification of other members (or possible members) of the affiliated service
group;
(3) A description of the business of each member (or possible member) of the affiliated
service group, describing the type of organization (corporation, partnership, etc.) and
indicating whether the member is a service organization or an organization whose principal
business is the performance of management functions for the other group member(s);
(4) The ownership interests between the employer and the members (or possible
members) of the affiliated service group (including ownership interests as described in
§ 414(m)(2)(B)(ii) or § 414(m)(6)(B));
(5) A description of services performed for the employer by the members (or possible
members) of the affiliated service group, or vice versa (including the percentage of each
member’s (or possible member’s) gross receipts and service receipts provided by such
services, if available, and data as to whether such services are a significant portion of the
member’s business) and whether, as of December 13, 1980, it was not unusual for the
services to be performed by employees of organizations in that service field in the United
States;
(6) A description of how the employer and the members (or possible members) of the
affiliated service group associate in performing services for other parties;
(7) In the case of a management organization under § 414(m)(5):
(a) a description of the management functions, if any, performed by the employer for
the member(s) (or possible member(s)) of the affiliated service group, or received by the
employer from any other members (or possible members) of the group (including data
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explaining whether the management functions are performed on a regular and continuous
basis) and whether or not it is unusual for such management functions to be performed by
employees of organizations in the employer’s business field in the United States;
(b) if management functions are performed by the employer for the member (or
possible members) of the affiliated service group, a description of what part of the
employer’s business constitutes the performance of management functions for the member
(or possible member) of the group (including the percentage of gross receipts derived from
management activities as compared to the gross receipts from other activities);
(8) A brief description of any other plan(s) maintained by the members (or possible
members) of the affiliated service group, if such other plan(s) is designated as a unit for
qualification purposes with the plan for which a determination letter has been requested;
(9) A description of how the plan(s) satisfies the coverage requirements of § 410(b) if
the members (or possible members) of the affiliated service group are considered part of an
affiliated service group with the employer;
(10) A copy of any ruling issued by the national office on whether the employer is an
affiliated service group; a copy of any prior determination letter that considered the effect of
§ 414(m) on the qualified status of the employer’s plan; and, if known, a copy of any such
ruling or determination letter issued to any other member (or possible member) of the same
affiliated service group, accompanied by a statement as to whether the facts upon which the
ruling or determination letter was based have changed.
Required information for
§ 414(n) determination
.10 Unless the plan provides that all leased employees within the meaning of § 414(n)(2)
are treated as common law employees for all purposes under the plan, a determination letter
issued with respect to the plan’s qualification under § 401(a), 403(a), or 4975(e)(7) will be
a determination as to the effect of § 414(n) upon the plan’s qualified status only if the
application includes:
(1) A description of the nature of the business of the recipient organization;
(2) A copy of the relevant leasing agreement(s);
(3) A description of the function of all leased employees within the trade or business of
the recipient organization (including data as to whether all leased employees are performing
services on a substantially full-time basis);
(4) A description of facts and circumstances relevant to a determination of whether such
leased employees’ services are performed under primary direction or control by the recipient
organization (including whether the leased employees are required to comply with
instructions of the recipient about when, where, and how to perform the services, whether
the services must be performed by particular persons, whether the leased employees are
subject to the supervision of the recipient, and whether the leased employees must perform
services in the order or sequence set by the recipient); and
(5) If the recipient organization is relying on any qualified plan(s) maintained by the
employee leasing organization for purposes of qualification of the recipient organization’s
plan, a description of such plan(s) (including a description of the contributions or benefits
provided for all leased employees which are attributable to services performed for the
recipient organization, plan eligibility, and vesting).
SECTION 16. WAIVER OF
MINIMUM FUNDING
Scope.01 This section provides procedures with respect to defined contribution plans for
requesting a waiver of the minimum funding standard account and requesting a
determination letter on any plan amendment required for the waiver.
Applicability of Rev. Proc.
94–41
.02 The procedures of Rev. Proc. 94–41, 1994–1 C.B. 711, which supersedes Rev. Proc.
83–41, 1983–1 C.B. 775, as modified by Rev. Proc. 88–5, 1988–1 C.B. 587, and Rev. Proc.
88–29, 1988–1 C.B. 828, apply to the request for a waiver of the minimum funding
requirement.
Waiver and determination
letter request submitted to
national office
.03 Under this section, both the request for a waiver ruling and the request for a
determination letter on the effect of any amendment necessary to satisfy section 3 of Rev.
Rul. 78–223, 1978–1 C.B. 125, must be submitted by the taxpayer to the national office
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where it will be treated as a mandatory request for technical advice. The request that is
submitted to the national office must include the following:
(1) All the procedural requirements described in section 2 of Rev. Proc. 94–41 must be
satisfied;
(2) The submission must include a completed Form 5300 (with Schedule Q) and all
necessary documents, plan amendments, and information required by the Form 5300 and by
this revenue procedure for approval of the plan amendments;
(3) The request must indicate which key district office has audit jurisdiction over the
return; and
(4) The request and the applicable user fee (required by Rev. Proc. 96–8) for both the
waiver request and the determination letter request should be sent to:
Internal Revenue Service
Assistant Commissioner (Employee Plans and Exempt Organizations)
Attention: CP:E:EP:A:1
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
Additional information sent after the initial request should be sent to:
Chief, Actuarial Branch 1
CP:E:EP:A:1
Internal Revenue Service
1111 Constitution Ave., N.W.
Washington, D.C. 20224
Handling of the request.04 The waiver request will be handled by the national office as follows:
(1) The waiver request and supporting documents will be forwarded to Actuarial Branch,
CP:E:EP:A:1, which will treat the request as a technical advice on the qualification issue
with respect to the plan provisions necessary to satisfy section 3 of Rev. Rul. 78–223.
(2) The appropriate key district office will be notified of the request. In order not to
delay the processing of the request, all materials relating to the determination letter request
will be sent by the national office to the key district director for consideration while the
technical advice request is completed.
(3) The national office will consider both the application for a funding waiver and the
proposed plan amendment. If a waiver is to be granted and if the national office believes
that qualification of the plan is not adversely affected by the plan amendment, the
mandatory technical advice memorandum will be issued to the key district director. The key
district director must decide within 10 working days from the date of the technical advice
memorandum either to furnish the applicant with the technical advice memorandum and
with a favorable advance determination letter, or to ask for reconsideration of the technical
advice memorandum. This request must be in writing. An initial written notice of an intent
to make this request may be submitted within 10 working days of the date of the technical
advice memorandum and followed by a written request within 30 working days from the
date of such written notice. If the key district director does not ask for reconsideration of
the technical advice memorandum within 10 working days, the Actuarial Branch will issue
the waiver ruling. This ruling will not contain the caveat described in section 3.02 of Rev.
Proc. 94–41.
Interested party notice and
comment
.05 The notice and comment requirements for interested parties provided in sections 18
and 19 of this revenue procedure must be satisfied. Comments are to be forwarded to the
key district office that is considering the determination letter request for the plan
amendments. With respect to the waiver request the notice requirements applicable to
waiver requests found in Rev. Proc. 94–41 must be satisfied.
When waiver request should
be submitted
.06 In the case of a plan other than a multiemployer plan, no waiver may be granted
under § 412(d) with respect to any plan for any plan year unless an application therefor is
submitted to the Service not later than the 15th day of the third month beginning after the
close of such plan year. The Service may not extend this deadline. A request for a waiver
with respect to a multiemployer plan generally must be submitted no later than the close of
the plan year following the plan year for which the waiver is requested.
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In seeking a waiver with respect to a plan year which has not yet ended, the applicant
may have difficulty in furnishing sufficient current evidence in support of the request. For
this reason it is generally advisable that such advance request be submitted no earlier than
180 days prior to the end of the plan year for which the waiver is requested.
SECTION 17. SECTION 420
DETERMINATION LETTERS
Scope.01 This section provides procedures for requesting determination letters on plan
language that permits, pursuant to § 420, the transfer of assets in a defined benefit plan to a
health benefit account described in § 401(h).
Required Information.02 The key district director will consider the qualified status of plan language designed
to comply with § 420 only if the plan sponsor requests such consideration in a cover letter.
The cover letter must specifically state (i) whether consideration is being requested only
with regard to § 420, or (ii) whether consideration is being requested with regard to § 420
in addition to other matters under § 401(a). The cover letter must specifically state the
location of a plan provision that satisfies each of the following requirements. The checklist
in the Appendix of this revenue procedure may be used to identify the location of relevant
plan provisions.
(1) The plan must include a health benefits account as described in § 401(h).
(2) The plan must provide that transfers shall be limited to transfers of ‘‘excess assets’’
as defined in § 420(e)(2).
(3) The plan must provide that only one transfer may be made in a taxable year.
However, for purposes of determining whether the rule in the preceding sentence is met, a
plan may provide that a transfer will not be taken into account if it is a transfer that:
(a) is made after the close of the taxable year preceding the employer’s first taxable
year beginning after December 31, 1990, and before the earlier of (i) the due date
(including extensions) for the filing of the return of tax for such preceding year, or (ii) the
date such return is filed; and
(b) does not exceed the expenditures of the employer for qualified current retiree
health liabilities for such preceding taxable year.
(4) The plan must provide that the amount transferred shall not exceed the amount which
is reasonably estimated to be the amount the employer will pay out (whether directly or
through reimbursement) of the health benefit account during the taxable year of the transfer
for ‘‘qualified current retiree health liabilities’’, as defined in § 420(e)(1).
(5) The plan must provide that no transfer will be made in any taxable year beginning
after December 31, 2000.
(6) The plan must provide that any assets transferred, and any income allocable to such
assets, shall be used only to pay qualified current retiree health liabilities for the taxable
year of transfer.
(7) The plan must provide that any amounts transferred to a health benefits account (and
income attributable to such amounts) which are not used to pay qualified current retiree
health liabilities shall be transferred back to the defined benefit portion of the plan.
(8) The plan must provide that the amounts paid out of a health benefits account will be
treated as paid first out of transferred assets and income attributable to those assets.
(9) The plan must provide that the accrued pension benefits for participants and
beneficiaries must become nonforfeitable as if the plan had terminated immediately prior to
the transfer (or in the case of a participant who separated during the 1-year period ending
on the date of transfer immediately before such separation). In the case of a transfer
described in § 420(b)(4) that relates to a prior year, the plan must provide that the accrued
benefit of a participant who separated from service during the taxable year to which such
transfer relates will be recomputed and treated as nonforfeitable immediately before such
separation.
(10) The plan must provide that a transfer will be permitted only if each group health
plan or arrangement under which health benefits are provided contains provisions satisfying
§ 420(c)(3). The plan must define ‘‘applicable employer cost’’, ‘‘cost maintenance period’’,
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and ‘‘benefit maintenance period’’,as applicable, consistent with § 420(c)(3). The plan may
provide that § 420(c)(3) is satisfied separately with respect to individuals eligible for
benefits under Title XVIII of the Social Security Act at any time during the taxable year
and with respect to individuals not so eligible.
(11) The plan must provide that transferred assets cannot be used for key employees (as
defined in § 416(i)(1)).
PART II. INTERESTED PARTY NOTICE AND COMMENT
SECTION 18. WHAT RIGHTS
TO NOTICE AND COMMENT
DO INTERESTED PARTIES
HAVE?
Rights of interested parties.01 Persons who qualify as interested parties under § 1.7476–1(b), have the following
rights:
(1) To receive notice, in accordance with section 19 below, that an application for an
advance determination will be filed regarding the qualification of plans described in
§ § 401, 403(a), 409 and/or 4975(e)(7);
(2) To submit written comments with respect to the qualification of such plans to the
Service;
(3) To request the Department of Labor to submit a comment to the Service on behalf of
the interested parties; and
(4) To submit written comments to the Service on matters with respect to which the
Department of Labor was requested to comment but declined.
Comments by interested
parties
.02 Comments submitted by interested parties must be received by the key district
director by the 45th day after the day on which the application for determination is received
by the key district director. (However, see sections 18.03 and 18.04 for filing deadlines
where the Department of Labor has been requested to comment). Such comments must be
in writing, signed by the interested parties or by an authorized representative of such parties
(as provided in section 9.02(11) of Rev. Proc. 97–4), addressed to the key district director to
whom the application for determination was submitted, and contain the following
information:
(1) The names of the interested parties making the comments;
(2) The name and taxpayer identification number of the applicant for a determination;
(3) The name of the plan, the plan identification number, and the name of the plan
administrator;
(4) Whether the parties submitting the comment are:
(a) Employees eligible to participate under the plan,
(b) Employees with accrued benefits under the plan, or former employees with vested
benefits under the plan,
(c) Beneficiaries of deceased former employees who are eligible to receive or are
currently receiving benefits under the plan,
(d) Employees not eligible to participate under the plan.
(5) The specific matters raised by the interested parties on the question of whether the
plan meets the requirements for qualification involving § § 401 and 403(a), and how such
matters relate to the interests of the parties making the comment; and
(6) The address of the interested party submitting the comment (or if a comment is
submitted jointly by more than one party, the name and address of a designated
representative) to which all correspondence, including a notice of the Service’s final
determination with respect to qualification, should be sent. (The address designated for
notice by the Service will also be used by the Department of Labor in communicating with
the parties submitting a request for comment.) The designated representative may be one of
the interested parties submitting the comment or an authorized representative. If two or
more interested parties submit a single comment and one person is not designated in the
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comment as the representative for receipt of correspondence, a notice of determination
mailed to any interested party who submitted the comment shall be notice to all the
interested parties who submitted the comment for purposes of § 7476(b)(5) of the Code.
Requests for DOL to submit
comments
.03 A request to the Department of Labor to submit to the key district director a
comment pursuant to § 3001(b)(2) of ERISA must be made in accordance with the
following procedures.
(1) The request must be received by the Department of Labor by the 25th day after the
day the application for determination is received by the key district director. However, if the
parties requesting the Department to submit a comment wish to preserve the right to
comment to the key district director in the event the Department declines to comment, the
request must be received by the Department by the 15th day after the day the application
for determination is received by the key district director.
(2) The request to the Department of Labor to submit a comment to the key district
director must:
(a) Be in writing;
(b) Be signed as provided in section 18.02 above;
(c) Contain the names of the interested parties requesting the Department to comment
and the address of the interested party or designated representative to whom all
correspondence with respect to the request should be sent. See also section 18.02(6) above;
(d) Contain the information prescribed in section 18.02(2), (3), (4), (5) and (6) above;
(e) Contain the address of the key district director to whom the application was or will
be submitted;
(f) Contain a statement of the specific matters upon which the Department’s comment
is sought, as well as how such matters relate to the interested parties making the request;
and
(g) Be addressed as follows:
Deputy Assistant Secretary
Pension and Welfare Benefits Administration
U.S. Department of Labor,
200 Constitution Avenue, N.W.,
Washington, D.C. 20210
Attention: 3001 Comment Request
Right to comment if DOL
declines to comment
.04 If a request described in 18.03 is made and the Department of Labor notifies the
interested parties making the request that it declines to comment on a matter concerning
qualification of the plan which was raised in the request, the parties submitting the request
may still submit a comment to the key district director on such matter. The comment must
be received by the later of the 45th day after the day the application for determination is
received by the key district director or the 15th day after the day on which notification is
given by the Department that it declines to submit a comment on such matter. (See section
18.07 for the date of notification.) In no event may the comment be received later than the
60th day after the day the application for determination was received. Such a comment must
comply with the requirements of section 18.02 and include a statement that the comment is
being submitted on matters raised in a request to the Department upon which the
Department declined to comment.
Confidentiality of comments.05 For rules regarding the confidentiality of contents of written comments submitted by
interested parties to the Service pursuant to section 18.02 or 18.04, see § 601.201(o)(5) of
the Statement of Procedural Rules.
Availability of comments.06 For rules regarding the availability to the applicant of copies of all comments on the
application submitted pursuant to section 18.01(1), (2), (3) and (4) of this revenue
procedure, see § 601.201(o)(5) of the Statement of Procedural Rules.
When comments are deemed
made
.07 An application for an advance determination, a comment to the key district director,
or a request to the Department of Labor shall be deemed made when it is received by the
key district director, or the Department. Notification by the Department that it declines to
comment shall be deemed given when it is received by the interested party or designated
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representative. The notice described in section 19.01 below shall be deemed given when it
is given in person, posted as prescribed in the regulations under § 7476 of the Code, or
received through the mail. In any case where such an application, comment, request,
notification, or notice is sent by mail, it shall be deemed received as of the date of the
postmark (or if sent by certified or registered mail, the date of certification or registration),
if it is deposited in the mail in the United States in an envelope or other appropriate
wrapper, first class postage prepaid, properly addressed. However, if such an application,
comment, request, notification, or notice is not received within a reasonable period from the
date of postmark, the immediately preceding sentence shall not apply.
SECTION 19. WHAT ARE THE
GENERAL RULES FOR NOTICE
TO INTERESTED PARTIES?
Notice to interested parties.01 Notice that an application for an advance determination regarding the qualification of
a plan described in § § 401, 403(a), 409 and 4975(e)(7) is to be made must be given to all
interested parties in the manner set forth in § 1.7476–2(c) and in accordance with the
requirements of this section.
Time when notice must be
given
.02 When the notice referred to in section 19.01 is given by posting or in person, such
notice must be given not less than 7 days nor more than 21 days prior to the day the
application for a determination is made. When the notice is given by mailing, it should be
given not less than 10 days nor more than 24 days prior to the day the application for a
determination is made. If, however, an application is returned to the applicant for failure to
adequately satisfy the notification requirements with respect to a particular group or class of
interested parties, the applicant need not cause notice to be given to those groups or classes
of interested parties with respect to which the notice requirement was already satisfied
merely because, as a result of the resubmission of the application, the time limitations of
this subsection would not be met.
Content of notice.03 The notice referred to in section 19.01 shall be in writing and shall contain the
following information:
(1) A brief description identifying the class or classes of interested parties to whom the
notice is addressed (e.g., all present employees of the employer, all present employees
eligible to participate);
(2) The name of the plan, the plan identification number, and the name of the plan
administrator;
(3) The name and taxpayer identification number of the applicant for a determination;
(4) That an application for a determination as to the qualified status of the plan is to be
made to the Service, stating whether the application relates to an initial qualification, a plan
amendment, termination, or a partial termination and the address of the key district director
to whom the application will be submitted;
(5) A description of the class of employees eligible to participate under the plan;
(6) Whether or not the Service has issued a previous determination as to the qualified
status of the plan;
(7) A statement that any person to whom the notice is addressed is entitled to submit, or
request the Department of Labor to submit, to the key district director described in section
19.03(4), a comment on the question of whether the plan meets the requirements of § 401
or 403(a); that two or more such persons may join in a single comment or request; and that
if such persons request the Department of Labor to submit a comment and the Department
of Labor declines to do so with respect to one or more matters raised in the request, the
persons may still submit a comment to the key district director with respect to the matters
on which the Department declines to comment. The PBGC may also submit comments. In
every instance where there is either a final adverse termination or a distress termination, the
Service formally notifies the PBGC for comments;
(8) The specific dates by which a comment to the key district director or a request to the
Department of Labor must be received in order to preserve the right of comment (see
section 18 above);
(9) The number of interested parties needed in order for the Department of Labor to
comment; and
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(10) Except to the extent that the additional informational material required to be made
available by sections 19.05 through 19.09 are included in the notice, a description of a
reasonable procedure whereby such additional informational material will be available to
interested parties (see section 19.04). (Examples of notices setting forth the above
information, in a case in which the additional information required by sections 19.05
through 19.09 will be made available at places accessible to the interested parties, are set
forth in the Exhibit attached to this revenue procedure.)
Procedures for making
information available to
interested parties
.04 The procedure referred to in section 19.03(10), whereby the additional informational
material required by sections 19.05 through 19.09 will (to the extent not included in the
notice) be made available to interested parties, may consist of making such material
available for inspection and copying by interested parties at a place or places reasonably
accessible to such parties, or supplying such material in person or by mail, or by a
combination of the foregoing, provided such procedure is immediately available to all
interested parties, is designed to supply them with such additional informational material in
time for them to pursue their rights within the time period prescribed, and is available until
the earlier of: 1) the filing of a pleading commencing a declaratory judgment action under
§ 7476 with respect to the qualification of the plan; or 2) the 92nd day after the day the
notice of final determination is mailed to the applicant. Reasonable charges to interested
parties for copying and/or mailing such additional informational material are permissible.
Information to be available to
interested parties
.05 Unless provided in the notice, or unless section 19.06 applies, there shall be made
available to interested parties under a procedure described in section 19.04:
(1) An updated copy of the plan and the related trust agreement (if any); and
(2) The application for determination.
Special rules if there are less
than 26 participants
.06 If there would be less than 26 participants in the plan, as described in the application
(including, as participants, former employees with vested benefits under the plan,
beneficiaries of deceased former employees currently receiving benefits under the plan, and
employees who would be eligible to participate upon making mandatory employee
contributions, if any), then in lieu of making the materials described in section 19.05
available to interested parties who are not participants (as described above), there may be
made available to such interested parties a document containing the following information:
(1) A description of the plan’s requirements respecting eligibility for participation and
benefits and the plan’s benefit formula;
(2) A description of the provisions providing for nonforfeitable benefits;
(3) A description of the circumstances which may result in ineligibility, or denial or loss
of benefits;
(4) A description of the source of financing of the plan and the identity of any
organization through which benefits are provided;
(5) A description of any optional forms of benefits described in § 411(d)(6) which have
been reduced or eliminated by plan amendment; and
(6) Whether the applicant is claiming in the application that the plan meets the
requirements of § 410(b)(1)(A), and, if not, the coverage schedule required by the
application in the case of plans not meeting the requirements of such section. However,
once an interested party or designated representative receives a notice of final
determination, the applicant must, upon request, make available to such interested party
(whether or not the plan has less than 26 participants) an updated copy of the plan and
related trust agreement (if any) and the application for determination.
Information described in
§ 6104(a)(1)(D) should not
be included
.07 Information of the type described in § 6104(a)(1)(D) should not be included in the
application, plan, or related trust agreement submitted to the Service. Accordingly, such
information should not be included in any of the material required by section 19.05 or 19.06
to be available to interested parties.
Availability of additional
information to interested
parties
.08 Unless provided in the notice, there shall be made available to interested parties
under a procedure described in section 19.04, any additional document dealing with the
application which is submitted by or for the applicant to the Service, or furnished by the
Service to the applicant; provided, however, if there would be less than 26 participants in
178

the plan as described in the application (including, as participants, former employees with
vested benefits under the plan, beneficiaries of deceased former employees currently
receiving benefits under the plan, and employees who would be eligible to participate upon
making mandatory employee contributions, if any), such additional documents need not be
made available to interested parties who are not participants (as described above) until they,
or their designated representative, receive a notice of final determination. The applicant may
also withhold from such inspection and copying information described in § 6104(a)(1)(C)
and (D) which may be contained in such additional documents.
Availability of notice to
interested parties
.09 Unless provided in the notice, there shall be made available to all interested parties
under a procedure described in section 19.04 the material described in sections 18.02
through 18.07 above.
PART III. PROCESSING DETERMINATION LETTER REQUESTS
SECTION 20. HOW DOES THE
SERVICE HANDLE
DETERMINATION LETTER
REQUESTS?
Oral advice.01 Oral advice.
(1) The Service does not issue determination letters on oral requests. However, personnel
in the key district offices ordinarily will discuss with taxpayers or their representatives
inquiries regarding: substantive tax issues; whether the Service will issue a determination
letter on particular issues; and questions relating to procedural matters about submitting
determination letter requests. Any discussion of substantive issues will be at the discretion
of the Service on a time available basis, will not be binding on the Service, and cannot be
relied upon as a basis of obtaining retroactive relief under the provisions of § 7805(b). A
taxpayer may seek oral technical assistance from a taxpayer service representative in a
district office or Service Center when preparing a return or report, under established
procedures. Oral advice is advisory only, and the Service is not bound to recognize it in the
examination of the taxpayer’s return.
(2) The advice or assistance furnished, whether requested by personal appearance,
telephone, or correspondence will be limited to general procedures, or will direct the
inquirer to source material, such as pertinent Code provisions, regulations, revenue
procedures, and revenue rulings that may aid the inquirer in resolving the question or
problem.
Conferences.02 A key district director may grant a conference upon written request from a taxpayer
or his representative, provided the request shows that a substantive plan, amendment, etc.,
has been developed for submission to the Service, but that special problems or issues are
involved, and the key district director concludes that a conference would be warranted in
the interest of facilitating review and determination when the plan, etc., is formally
submitted.
Determination letter based
solely on administrative
record
.03 Administrative Record
(1) In the case of a request for a determination letter, the determination of the key district
director or the appeals office on the qualification or non-qualification of the retirement plan
shall be based solely upon the facts contained in the administrative record. The
administrative record shall consist of the following:
(a) The request for determination, the retirement plan and any related trust instruments,
and any written modifications or amendments made by the applicant during the proceedings
within the Service;
(b) All other documents submitted to the Service by, or on behalf of, the applicant
with respect to the request for determination;
(c) All written correspondence between the Service and the applicant with respect to
the request for determination and any other documents issued to the applicant from the
Service;
(d) All written comments submitted to the Service pursuant to sections 18.01(2), (3),
and (4) above, and all correspondence relating to comments submitted between the Service
and persons (including PBGC and the Department of Labor) submitting comments pursuant
to sections 18.01(2), (3), and (4) above;
179

(e) In any case in which the Service makes an investigation regarding the facts as
represented or alleged by the applicant in the request for determination or in comments
submitted pursuant to sections 18.01(2), (3), and (4) above, a copy of the official report of
such investigation;
(2) The administrative record shall be closed upon the earlier of the following events:
(a) The date of mailing of a notice of final determination by the Service with respect
to the application for determination; or
(b) The filing of a petition with the United States Tax Court seeking a declaratory
judgment with respect to the retirement plan.
(3) Any oral representation or modification of the facts as represented or alleged in the
application for determination or in a comment filed by an interested party, which is not
reduced to writing shall not become a part of the administrative record and shall not be
taken into account in the determination of the qualified status of the retirement plan by the
key district director, or the appeals office.
Notice of final determination.04 In the case of final determination, the notice of final determination
(1) shall be the letter issued by the key district director, or the appeals office which states
that the applicant’s plan satisfies the qualification requirements of the Code. The favorable
determination letter will be sent by certified or registered mail where either an interested
party, the Department of Labor, or the PBGC has commented on the application for
determination.
(2) shall be the letter issued, by certified or registered mail, by the key district director,
or the appeals office subsequent to a letter of proposed determination, stating that the
applicant’s plan fails to satisfy the qualification requirements of the Code.
Issuance of the notice of final
determination
.05 The key district director, or the appeals office will send the notice of final
determination to the applicant, to the interested parties who have previously submitted
comments on the application to the Service (or to the persons designated by them to receive
such notice), to the Department of Labor in the case of a comment submitted by the
Department, and to PBGC if it has filed a comment.
Key district offices.06SeeAnnouncement 96–133 and the instructions to Form 8717, User Fee for
Employee Plan Determination Letter Request, for the jurisdictions and mailing addresses of
the key district offices.
SECTION 21. EXHAUSTION
OF ADMINISTRATIVE
REMEDIES
In general.01 For purposes of § 7476(b)(3), a petitioner shall be deemed to have exhausted the
administrative remedies available within the Service upon the completion of the steps
described in sections 21.02, 21.03, 21.04, or 21.05 subject, however, to sections 21.06 and
21.07. If applicants, interested parties, or the PBGC do not complete the applicable steps
described below, they will not have exhausted their respective available administrative
remedies as required by § 7476(b)(3) and will, thus, be precluded from seeking declaratory
judgment under § 7476 except to the extent that section 21.05 or 21.08 applies.
Steps for exhausting
administrative remedies
.02 In the case of an applicant, with respect to any matter relating to the qualification of
a plan, the steps referred to in section 21.01 are:
(1) Filing a completed application with the appropriate Key District Director pursuant to
this revenue procedure;
(2) Complying with the requirements pertaining to notice to interested parties as set forth
in this revenue procedure and § 1.7476–2 of the regulations; and,
(3) Appealing to the Appeals Office pursuant to paragraph 601.201(o)(6) of the
Statement of Procedural Rules, in the event a notice of proposed adverse determination is
issued by the key district director.
Applicant’s request for
7805(b) relief
.03 Consideration of relief under § 7805(b) will be included as one of the applicant’s
steps in exhausting administrative remedies only if the applicant requests the key district
director to seek technical advice from the national office on the applicability of such relief.
180

The applicant’s request must be made in writing according to the procedures for requesting
technical advice (see section 18 of Rev. Proc. 97–5).
Interested parties.04 In the case of an interested party or the PBGC, the steps referred to in section 21.01
are, with respect to any matter relating to the qualification of the plan, submitting to the key
district director a comment raising such matter in accordance with section 18.01(2) above,
or requesting the Department of Labor to submit to the key district director a comment with
respect to such matter in accordance with section 18.01(3) and, if the Department of Labor
declines to comment, submitting the comment in accordance with section 18.01(4) above, so
that it may be considered by the Service through the administrative process.
Deemed exhaustion of
administrative remedies
.05 An applicant, an interested party, or the PBGC shall in no event be deemed to have
exhausted administrative remedies prior to the earlier of:
(1) The completion of those steps applicable to each as set forth in sections 21.01, 21.02,
21.03 or 21.04, which constitute their administrative remedies; or,
(2) The expiration of the 270-day period described in § 7476(b)(3), which period shall
be extended in a case where there has not been a completion of all the steps referred to in
section 21.02 and the Service has proceeded with due diligence in processing the
application for determination.
Service must act on appeal.06 The step described in section 21.02(3) will not be considered completed until the
Service has had a reasonable time to act upon the appeal.
Service must act on
§ 7805(b) request
.07 Where the applicant has requested the key district director to seek technical advice
on the applicability of § 7805(b) relief, the applicant’s administrative remedies will not be
considered exhausted until the national office has had a reasonable time to act upon the
request for technical advice.
Effect of technical advice
request
.08 The step described in section 21.02(3) will not be available or necessary with respect
to any issue on which technical advice has been obtained from the national office.
SECTION 22. WHAT EFFECT
WILL AN EMPLOYEE PLAN
DETERMINATION LETTER
HAVE?
Scope of reliance on
determination letter
.01 A determination letter issued pursuant to this revenue procedure contains only the
opinion of the Service as to the qualification of the particular plan involving the provisions
of § § 401 and 403(a) and the status of a related trust, if any, under § 501(a). Such a
determination letter is based on the facts and demonstrations presented to the Service in
connection with the application for the determination letter and may not be relied upon after
a change in material fact or the effective date of a change in law, except as provided. For
example, a determination letter issued pursuant to this revenue procedure may not be relied
upon after a significant change in plan coverage resulting from the operation of the plan.
The Service may determine, based on the application form, the extent of review of the plan
document. Failure to disclose a material fact or misrepresentation of a material fact may
adversely affect the reliance which would otherwise be obtained through the issuance by the
Service of a favorable determination letter. Similarly, failure to accurately provide any of
the information called for on any form required by this revenue procedure may result in no
reliance. Applicants are advised to retain copies of all demonstrations and supporting data
submitted with their applications. Failure to do so may limit the scope of reliance.
Effect of determination letter
on minor plan amendment
.02 Determination letters issued on minor amendments to plans and trusts under this
revenue procedure will merely express an opinion whether the amendment, in and of itself,
affects the existing status of the plan’s qualification and the exempt status of the related
trust. In no event should such a determination letter be construed as an opinion on the
qualification of the plan as a whole and the exempt status of the related trust as a whole.
Sections 13 and 14 of Rev.
Proc. 97–4 applicable
.03 Except as otherwise provided in this section, determination letters referred to in
sections 22.01 and 22.02 are governed, generally, by the provisions of sections 13 and 14 of
Rev. Proc. 97–4.
Effect of subsequent
publication of revenue ruling,
etc.
.04 The prior qualification of a plan as adopted by an employer will not be considered to
be adversely affected by the publication of a revenue ruling, a revenue procedure, or an
administrative pronouncement within the meaning of § 1.6661–3(b)(2) of the regulations
where:
181

(1) The plan was the subject of a favorable determination letter and the request for that
letter contained no misstatement or omission of material facts;
(2) The facts subsequently developed are not materially different from the facts on which
the determination letter was based;
(3) There has been no change in the applicable law; and
(4) The employer that established the plan acted in good faith in reliance on the
determination letter.
However, all such plans must be amended to comply with the published revenue ruling
for subsequent years. The conforming amendment to an individually designed plan must be
adopted before the end of the first plan year that begins after the revenue ruling, revenue
procedure, or administrative pronouncement is published in the Internal Revenue Bulletin
and must be effective, for all purposes, not later than the first day of the first plan year
beginning after the revenue ruling is published. For the rule as to the conforming
amendment to an M&P plan and a regional prototype plan, see section 14 of Rev. Proc.
89–9 and Rev. Proc. 89–13, as modified by Rev. Proc. 90–21, sections 8.03–8.08 of Rev.
Proc. 91–66, and Rev. Proc. 92–41.
Determination letter does not
apply to taxability issues
.05 While a favorable determination letter may serve as a basis for determining
deductions for employer contributions thereunder, it is not to be taken as an indication that
contributions are necessarily deductible as made. This latter determination can be made only
upon an examination of the employer’s tax return, in accordance with the limitations, and
subject to the conditions of, § 404.
SECTION 23. EFFECT ON
OTHER REVENUE
PROCEDURES
Rev. Proc. 96–6, with the exception of section 23.01, is superseded.
SECTION 24. EFFECTIVE
DATE
This revenue procedure is effective February 1, 1997.
SECTION 25. PAPERWORK
REDUCTION ACT
The collections of information contained in this revenue procedure have been reviewed
and approved by the Office of Management and Budget in accordance with the Paperwork
Reduction Act (44 U.S.C. 3507) under control number 1545–1520.
An agency may not conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays a valid control
number.
The collections of information in this revenue procedure are in sections 6.16, 6.18, 7.04,
9.07(4), 10.05, 14, 16, 17, 20.02, and 22.04. This information is required to determine plan
qualification. This information will be used to determine whether a plan is entitled to
favorable tax treatment. The collections of information are mandatory. The likely
respondents are business or other for-profit institutions.
The estimated total annual reporting and/or recordkeeping burden is 163,086 hours.
The estimated annual burden per respondent/recordkeeper varies from 1 hour to 40 hours,
depending on individual circumstances, with an estimated average of 2.02 hours. The
estimated number of respondents and/or recordkeepers is 80,763.
The estimated annual frequency of responses (used for reporting requirements only) is
once every three years.
Books or records relating to a collection of information must be retained as long as their
contents may become material in the administration of any internal revenue law. Generally
tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
DRAFTING INFORMATIONThe principal author of this revenue procedure is James Flannery of the Employee Plans
Division. For further information regarding this revenue procedure, contact the Employee
Plans Division’s telephone assistance service between the hours of 1:30 and 4:00 p.m.
Eastern time, Monday through Thursday, on (202) 622–6074 (not a toll-free call). Mr.
Flannery can be contacted by calling (202) 622–6214 (also not a toll-free call).
182

EXHIBIT: SAMPLE NOTICES TO INTERESTED PARTIES
The Exhibit set forth below, may be used to satisfy the requirements of section 19 of this revenue procedure.
Exhibit: Sample Notice to Interested Parties
1. Notice To: ______________________________ [describe class or classes of interested parties]
An application is to be made to the Internal Revenue Service for an advance determination on the qualification of the
following employee pension benefit plan:
2. _____________________________________________________________________________________________________
(name of plan)
3. _____________________________________________________________________________________________________
(plan number)
4. _____________________________________________________________________________________________________
(name and address of applicant)
5. _____________________________________________________________________________________________________
(applicant EIN)
6. _____________________________________________________________________________________________________
(name and address of plan administrator)
7. The application will be filed on
with the Key District Director, Internal Revenue Service at
for an advance determination as to whether the plan meets the qualification requirements of § 401 or
403(a) of the Internal Revenue Code of 1986, with respect to the plan’s[initial qualification,
amendment, termination, or partial termination].
8. The employees eligible to participate under the plan are:
9. The Internal Revenue Service[has/has not] previously issued a determination letter with respect
to the qualification of this plan.
RIGHTS OF INTERESTED PARTIES
10. You have the right to submit to the Key District Director, at the above address, either individually or jointly with other
interested parties, your comments as to whether this plan meets the qualification requirements of the Internal Revenue
Code.
You may instead, individually or jointly with other interested parties, request the Department of Labor to submit, on your
behalf, comments to the Key District Director regarding qualification of the plan. If the Department declines to comment
on all or some of the matters you raise, you may, individually, or jointly if your request was made to the Department
jointly, submit your comments on these matters directly to the Key District Director.
REQUESTS FOR COMMENTS BY THE DEPARTMENT OF LABOR
11. The Department of Labor may not comment on behalf of interested parties unless requested to do so by the lessor of 10
employees or 10 percent of the employees who qualify as interested parties. The number of persons needed for the De-
partment to comment with respect to this plan is
. If you request the Department to comment, your
request must be in writing and must specify the matters upon which comments are requested, and must also include:
(1) the information contained in items 2 through 5 of this Notice; and
(2) the number of persons needed for the Department to comment.
A request to the Department to comment should be addressed as follows:
Deputy Assistant Secretary
Pension and Welfare Benefits Administration
ATTN: 3001 Comment Request
U.S. Department of Labor,
200 Constitution Avenue, N.W.
Washington, D.C. 20210
COMMENTS TO THE INTERNAL REVENUE SERVICE
12. Comments submitted by you to the Key District Director must be in writing and received by him by
.
However, if there are matters that you request the Department of Labor to comment upon on your behalf, and the De-
183

partment declines, you may submit comments on these matters to the Key District Director to be received by him within
15 days from the time the Department notifies you that it will not comment on a particular matter, or by,
whichever is later, but not after
. A request to the Department to comment on your behalf must be re-
ceived by it by
if you wish to preserve your right to comment on a matter upon which the Department
declines to comment, or by
if you wish to waive that right.
ADDITIONAL INFORMATION
13. Detailed instructions regarding the requirements for notification of interested parties may be found in sections 18 and 19
of Rev. Proc. 97–6. Additional information concerning this application (including, where applicable, an updated copy of
the plan and related trust; the application for determination; any additional documents dealing with the application that
have submitted to the Service; and copies of section 18 of Rev. Proc. 97–6 are available at
during
the hours of
for inspection and copying. (There is a nominal charge for copying and/or mailing.)
APPENDIX
ChecklistAs part of a § 420 determination letter request described in section 17 of this revenue procedure the following
checklist may be completed and attached to the determination letter request:
ITEMCIRCLE SECTION
1. Does the Plan contain a medical benefits account within the meaning of § 401(h) of the Code?
If the medical benefits account is a new provision, items ‘‘a’’ through ‘‘h’’ should be completed.
Yes No
a. Does the medical benefits account specify the medical benefits that will be available and contain
provisions for determining the amount which will be paid?
Yes No
b. Does the medical benefits account specify who will benefit?Yes No
c. Does the medical benefits account indicate that such benefits, when added to any life insurance
protection in the Plan, will be subordinate to retirement benefits?
Yes No
d. Does the medical benefits account maintain separate accounts with respect to contributions to
key employees (as defined in § 416(i)(1) of the Code) to fund such benefits?
Yes No
e. Does the medical benefits account state that amounts contributed must be reasonable and
ascertainable?
Yes No
f. Does the medical benefits account provide for the impossibility of diversion prior to satisfaction
of liabilities (other than item ‘‘7’’ below)?
Yes No
g. Does the medical benefits account provide for reversion upon satisfaction of all liabilities (other
than item ‘‘7’’ below)?
Yes No
h. Does the medical benefits account provide that forfeitures must be applied as soon as possible to
reduce employer contributions to fund the medical benefits?
Yes No
2. Does the Plan limit transfers to ‘‘Excess Assets’’ as defined in § 420(e)(2) of the Code?Yes No
3. Does the Plan provide that only one transfer may be made in a taxable year (except with regard
to transfers relating to prior years pursuant to § 420(b)(4) of the Code)?
Yes No
4. Does the Plan provide that the amount transferred shall not exceed the amount reasonably
estimated to be paid for qualified current retiree health liabilities?
Yes No
5. Does the Plan provide that no transfer will be made in any taxable year beginning after
December 31, 2000?
Yes No
6. Does the Plan provide that transferred assets and income attributable to such assets shall be used
only to pay qualified current retiree health liabilities for the taxable year of transfer?
Yes No
7. Does the Plan provide that any amounts transferred (plus income) that are not used to pay
qualified current retiree health liabilities shall be transferred back to the defined benefit portion
of the Plan?
Yes No
8. Does the Plan provide that amounts paid out of a health benefits account will be treated as paid
first out of transferred assets and income attributable to those assets?
Yes No
9. Does the Plan provide that participants’ accrued benefits become nonforfeitable on a termination
basis (i) immediately prior to transfer, or (ii) in the case of a participant who separated within 1
year before the transfer, immediately before such separation?
Yes No
184

10. In the case of transfers described in § 420(b)(4) of the Code relating to 1990, does the Plan
provide that benefits will be recomputed and become nonforfeitable for participants who
separated from service in such prior year as described in § 420(c)(2)?
Yes No
11. Does the Plan provide that transfers will be permitted only if each group health plan or
arrangement contains provisions satisfying § 420(c)(3) of the Code?
Yes No_______
12. Does the Plan define ‘‘applicable employer cost’’, ‘‘cost maintenance period’’ and‘‘ benefit
maintenance period’’, as needed, consistently with § 420(c)(3) of the Code?
Yes No______
13. Does the Plan provide that transferred assets cannot be used for key employees?Yes No______
26 CFR 601.201: Rulings and determination let-
ters.
Rev. Proc. 97–7
SECTION 1. PURPOSE AND
NATURE OF CHANGES
.01 Purpose
This revenue procedure updates Rev.
Proc. 96–7, 1996–1 C.B. 559, by pro-
viding a list of subject matters under the
jurisdiction of the Associate Chief
Counsel (International) in which the
Internal Revenue Service will not issue
advance letter rulings or determination
letters. Rev. Proc. 97–3 lists the subject
matters under the jurisdiction of the
Associate Chief Counsel (Domestic) in
which the Service will not issue advance
letter rulings or determination letters.
.02 Changes
(1) Old sections 3.01(4) and 4.01(23),
dealing with § 7701, have been deleted
to reflect the new provisions under
§ 301.7701–1, –2, and –3 of the regula-
tions dealing with partnerships.SeeT.D.
8697.
(2) New section 3.01(4), dealing with
the issues of whether, for purposes of
§ 1503(d), a net operating loss is a dual
consolidated loss, or whether the condi-
tions for rebutting the presumption of a
triggering event are satisfied, has been
added to reflect the Service’s view that
the stated issues require inherently fac-
tual determinations that are not the
proper subject of advance letter rulings
and determination letters.
(3) New section 4.01(17), dealing
with the issue of what constitutes a
substantial new line of business for
purposes of § 936(j)(9)(B), has been
added to reflect the Service’s view that
such determinations should not be made
on a case by case basis until the Service
issues regulations or a revenue ruling
reflecting its position regarding what
constitutes a new line of business for
purpose of this new Code section.
(4) New section 4.01(22), dealing
with the issue of whether an event
presumptively constitutes a triggering
event for purposes of § 1.1503–
2(g)(2)(iii), has been added to reflect the
Service’s view that the stated issues
require fact and circumstance determina-
tions that are not the proper subject of
advance letter rulings and determination
letters.
SECTION 2. BACKGROUND AND
SCOPE OF APPLICATION
.01 Background
Whenever appropriate to sound tax
administration, the Service answers in-
quiries from individuals and organiza-
tions about their status for tax purposes
and the tax effects of their acts or
transactions, before the filing of returns
or reports that are required by the
Internal Revenue Code. There are, how-
ever, areas where the Service will not
issue advance letter rulings or determi-
nation letters, either because the issues
are inherently factual or for other rea-
sons. This revenue procedure lists those
areas.
Section 3 gives areas in which ad-
vance letter rulings and determinations
will not be issued under any circum-
stances. Section 4 gives areas in which
they will not ordinarily be issued; in
these areas, unique and compelling rea-
sons may justify issuing a letter ruling
or determination letter. A taxpayer who
plans to request a letter ruling or deter-
mination letter in an area described in
Section 4 should contact (by telephone
or in writing) the Office of Associate
Chief Counsel (International) (hereinaf-
ter ‘‘the Office’’) prior to making such
request and discuss with the Office the
unique and compelling reasons that the
taxpayer believes justify issuing such
letter ruling or determination letter.
While not required, a written submission
is encouraged since it will enable Office
personnel to arrive more quickly at an
understanding of the unique facts of
each case. A taxpayer who contacts the
Office by telephone may be requested to
provide a written submission. The Ser-
vice may provide a general information
letter in response to inquiries in areas on
either list.
These lists are not all-inclusive. Fu-
ture revenue procedures may add or
delete items. The Service may also
decline to rule on an individual case for
reasons peculiar to that case; such deci-
sions will not be announced in the
Internal Revenue Bulletin.
.02 Scope of Application
This revenue procedure does not pre-
clude District Directors, the Assistant
Commissioner (International), or Chiefs,
Appeals Offices from submitting re-
quests for technical advice in the areas
listed to the Office.
SECTION 3. AREAS IN WHICH
LETTER RULINGS OR
DETERMINATION LETTERS WILL
NOT BE ISSUED
.01 Specific Questions and Problems
(1) Section 871(g).—Special Rules
for Original Issue Discount.—Whether a
debt instrument having original issue
discount within the meaning of § 1273
of the Internal Revenue Code is not an
original issue discount obligation within
the meaning of § 871(g)(1)(B)(i) when
the instrument is payable 183 days or
less from the date of original issue
(without regard to the period held by the
taxpayer).
(2) Section 894.—Income Affected
by Treaty.—Whether a person that is a
resident of a foreign country and derives
income from the United States is en-
titled to benefits under the United States
income tax treaty with that foreign
country pursuant to the limitation on
benefits article. However, the Service
may rule regarding the legal interpreta-
tion of a particular provision within the
relevant limitation on benefits article.
(3) Section 954.—Foreign Base Com-
pany Income.—The effective rate of tax
that a foreign country will impose on
income.
(4) Section 1503(d).—Dual Consoli-
dated Loss.—Whether the conditions un-
185

der the regulations for excepting a net
operating loss of a dual resident corpo-
ration from the definition of a dual
consolidated loss, or for rebutting the
presumption that an event constitutes a
triggering event for purposes of
§ 1.1503–2(g)(2)(iii)(B), are satisfied.
.02 General Areas.
(1) The prospective application of the
estate tax to the property or the estate of
a living person, except that letter rulings
may be issued on any international
issues in a ruling request accepted pur-
suant to Rev. Proc. 88–50, 1988–2 C.B.
711, and section 5.05 of Rev. Proc.
97–1.
(2) The federal tax consequences of
proposed federal, state, local, municipal,
or foreign legislation.
(3) Whether reasonable cause exists
under Subtitle F (Procedure and Admin-
istration) of the Code.
(4) Whether a proposed transaction
would subject a taxpayer to criminal
penalties.
(5) Any area where the letter ruling
request does not comply with the re-
quirements of Rev. Proc. 97–1.
(6) Any area where the same issue is
the subject of the taxpayer’s pending
request for competent authority assis-
tance under a United States tax treaty.
(7) A ‘‘comfort’’ ruling will not be
issued with respect to an issue that is
clearly and adequately addressed by
statute, regulations, decisions of a court,
tax treaties, revenue rulings, or revenue
procedures absent extraordinary circum-
stances (e.g., a request for a letter ruling
required by a governmental regulatory
authority in order to effectuate the trans-
action.)
SECTION 4. AREAS IN WHICH
LETTER RULINGS OR
DETERMINATION LETTERS WILL
NOT ORDINARILY BE ISSUED
.01 Specific Questions and Problems
(1) Section 367(a).—Transfers of
Property from the United States.—
Whether an oil or gas working interest
is transferred from the United States for
use in the active conduct of a trade or
business for purposes of § 367(a)(3);
and whether any other property is so
transferred, where the determination re-
quires extensive factual inquiry.
(2) Section 367(b).—Other Trans-
fers.—Whether a foreign corporation is
considered a corporation for purposes of
any nonrecognition provision listed in
§ 367(b), and related issues, unless the
letter ruling presents a significant legal
issue or subchapter C rulings are re-
quested in the context of reorganizations
or liquidations involving foreign corpo-
rations. (These matters are dealt with in
detail in § 7.367(b) of the Temporary
Income Tax Regulations.)
(3) Section 864.—Definitions and
Special Rules.—Whether a taxpayer is
engaged in a trade or business within
the United States, and whether income
is effectively connected with the con-
duct of a trade or business within the
United States; whether an instrument is
a security as defined in § 1.864–2(c)-
(2); whether a taxpayer effects trans-
actions in the United States in stocks
or securities under § 1.864–2(c)(2);
whether an instrument or item is a
commodity as defined in § 1.864–
2(d)(3); and for purposes of § 1.864–
2(d)(1) and (2), whether a commodity is
of a kind customarily dealt in on an
organized commodity exchange, and
whether a transaction is of a kind cus-
tomarily consummated at such place.
(4) Section 871.—Tax on Nonresident
Alien Individuals.—Whether the income
earned on contracts that do not qualify
as annuities or life insurance contracts
because of the limitations imposed by
§ 72(s) and § 7702(a) is portfolio inter-
est as defined in § 871(h).
(5) Section 881.—Tax on Income of
Foreign Corporations Not Connected
with United States Business.—Whether
the income earned on contracts that do
not qualify as annuities or life insurance
contracts because of the limitations im-
posed by § 72(s) and § 7702(a) is port-
folio interest as defined in § 881(c).
(6) Section 892.—Income of Foreign
Governments and of International Orga-
nizations.—Whether income received by
local governmental authorities of the
United Kingdom from certain United
States investments of money allocable to
their superannuation funds is exempt
from federal income taxation.
(7) Section 892.—Income of Foreign
Governments and of International Orga-
nizations.—Whether a foreign govern-
ment is engaged in commercial activities
for purposes of § 892, and whether
income received by a foreign govern-
ment is derived from the conduct of
such commercial activities.
(8) Section 893.—Compensation of
Employees of Foreign Governments and
International Organizations.—Whether a
foreign government is engaged in com-
mercial activities for purposes of § 893,
and whether the services of an employee
of a foreign government are primarily in
connection with such commercial activi-
ties.
(9) Section 894.—Income Affected
by Treaty.—Whether a taxpayer has a
permanent establishment in the United
States for purposes of any United States
income tax treaty and whether income is
attributable to a permanent establish-
ment in the United States.
(10) Section 894.—Income Affected
by Treaty.—Whether the income re-
ceived by a nonresident alien student for
services performed for a university or
other educational institution is exempt
from federal income tax or withholding
under United States income tax treaties
with Belgium, China, Cyprus, Egypt,
Finland, France, Iceland, Japan, Korea,
Morocco, the Netherlands, Norway, Pa-
kistan, the Philippines, Poland, Roma-
nia, and Trinidad and Tobago. Rev.
Proc. 87–8, 1987–1 C.B. 366, as modi-
fied by Rev. Proc. 93–22, 1993–1 C.B.
535, and as modified by Rev. Proc.
93–22A, 1993–2 C.B. 343.
(11) Section 894.—Income Affected
by Treaty.—Whether the income re-
ceived by a nonresident alien perform-
ing research or teaching at a university
is exempt from federal income tax or
withholding under United States income
tax treaties with Belgium, China, Egypt,
Finland, France, Hungary, Iceland, Italy,
Jamaica, Japan, Korea, Luxembourg, the
Netherlands, Norway, the Philippines,
Poland, Romania, Sweden, Trinidad and
Tobago, the former Union of the Soviet
Socialist Republics, and the United
Kingdom. Rev. Proc. 87–9, 1987–1 C.B.
368, as modified by Rev. Proc. 93–22,
1993–1 C.B. 535, and as modified by
Rev. Proc. 93–22A, 1993–2 C.B. 343.
(12) Section 894.—Income Affected
by Treaty.—Whether the income re-
ceived by a nonresident alien teaching at
a university is exempt from federal
income tax or withholding under United
States income tax treaties with Austria,
Denmark, the Federal Republic of Ger-
many, Greece, Ireland, Pakistan, and
Switzerland. Rev. Proc. 87–9, 1987–1
C.B. 368, as modified by Rev. Proc.
93–22, 1993–1 C.B. 535, and as modi-
fied by Rev. Proc. 93–22A, 1993–2 C.B.
343.
(13) Section 894.—Income Affected
by Treaty.—Whether a foreign recipient
of payments made by a United States
person is ineligible to receive the ben-
efits of a United States tax treaty under
the principles of Rev. Rul. 84–152,
1984–2 C.B. 381, as modified by Rev.
Rul. 85–163, 1985–2 C.B. 249, and
186

modified and clarified by Rev. Rul.
89–110, 1989–2 C.B. 275; and Rev. Rul.
84–153, 1984–2 C.B. 383, as modified
by Rev. Rul. 85–163, 1985–2 C.B. 249,
and modified and clarified by Rev. Rul.
89–110, 1989–2 C.B. 275.
(14) Section 894.—Income Affected
by Treaty.—Whether a recipient of pay-
ments is or has been a resident of a
country for purposes of any United
States tax treaty. Pursuant to § 1.884–
5(f), however, the Service may rule
whether a corporation representing that
it is a resident of a country is a
qualified resident thereof for purposes of
§ 884.
(15) Section 901.—Taxes of Foreign
Countries and of Possessions of the
United States.—Whether a person claim-
ing a credit has established, based on all
of the relevant facts and circumstances,
the amount (if any) paid by a dual
capacity taxpayer under a qualifying
levy that is not paid in exchange for a
specific economic benefit. See § 1.901–
2A(c)(2).
(16) Sections 927, 936, 954, 993.—
Manufactured Product.—Whether a
product is manufactured or produced for
purposes of § 927(a), § 936(h)(5),
§ 954(d), and § 993(c).
(17) Section 936.—Puerto Rico and
Possession Tax Credit.—What consti-
tutes a substantial line of business.
(18) Section 956.—Investment of
Earnings in United States Property.—
Whether a pledge of the stock of a
controlled foreign corporation is an indi-
rect pledge of the assets of that corpora-
tion. See § 1.956–2(c)(2).
(19) Section 985.—Functional Cur-
rency.—Whether a currency is the func-
tional currency of a qualified business
unit.
(20) Section 989(a).—Qualified Busi-
ness Unit.—Whether a unit of the tax-
payer’s trade or business is a qualified
business unit.
(21) Section 1058.—Transfers of Se-
curities under Certain Agreements.—
Whether the amount of any payment
described in § 1058(b)(2) or the amount
of any other payment made in connec-
tion with a transfer of securities de-
scribed in § 1058 is from sources
within or without the United States; the
character of such amounts; and whether
the amounts constitute a particular kind
of income for purposes of any United
States income tax treaty.
(22) Section 1503(d).—Dual Consoli-
dated Loss.—Whether an event pre-
sumptively constitutes a triggering event
for purposes of § 1.1503–2(g)(2)(iii)-
(A)(1)–(7), apart from possible rebuttal
of the presumption under § 1.1503–
2(g)(2)(iii)(B). See section 3.01(4), Rev.
Proc. 97–7.
(23) Section 2501.—Imposition of
Tax.—Whether a partnership interest is
intangible property for purposes of §
2501(a)(2) (dealing with transfers of
intangible property by a nonresident not
a citizen of the United States).
(24) Section 7701.—Tax on Nonresi-
dent Alien Individuals.—Whether an
alien individual is either a resident or a
nonresident of the United States, in
situations where the determination de-
pends on facts that cannot be confirmed
until the close of the taxable year (in-
cluding, for example, the length of the
alien’s stay or the nature of the alien’s
activities).
(25) Section 7701.—Definitions.—
Whether an estate or trust is a foreign
estate or trust for federal income tax
purposes.
(26) Section 7701.—Definitions.—
Whether an intermediate entity is a
conduit entity under section § 1.881–
3(a)(4); whether a transaction is a fi-
nancing transaction under section
§ 1.881–3(a)(ii); whether the participa-
tion of an intermediate entity in a
financing arrangement is pursuant to a
tax avoidance plan under section
§ 1.881–3(b); whether an intermediate
entity performs significant financing ac-
tivities under section § 1.881–
3(b)(3)(ii); whether an unrelated inter-
mediate entity would not have
participated in a financing arrangement
on substantially the same terms under
section § 1.881–3(c).
.02 General Areas
(1) Whether a taxpayer has a busi-
ness purpose for a transaction or ar-
rangement.
(2)(a) Situations where a taxpayer or
a related party is domiciled or organized
in a foreign jurisdiction with which the
United States does not have an effective
mechanism for obtaining tax information
with respect to civil tax examinations
and criminal tax investigations, which
would preclude the Service from obtain-
ing information located in such jurisdic-
tion that is relevant to the analysis or
examination of the tax issues involved
in the ruling request.
(b) The provisions of subsection
4.02(2)(a) above shall not apply if the
taxpayer or affected related party (i)
consents to the disclosure of all relevant
information requested by the Service in
processing the ruling request or in the
course of an examination to verify the
accuracy of the representations made
and to otherwise analyze or examine the
tax issues involved in the ruling request,
and (ii) waives all claims to protection
of bank or commercial secrecy laws in
the foreign jurisdiction with respect to
the information requested by the Ser-
vice. In the event the taxpayer’s or
related party’s consent to disclose rel-
evant information or to waive protection
of bank or commercial secrecy is deter-
mined by the Service to be ineffective
or of no force and effect, then the
Service may retroactively rescind any
ruling rendered in reliance on such
consent.
SECTION 5. EFFECT ON OTHER
REVENUE PROCEDURES
Rev. Proc. 96–7 is superseded.
DRAFTING INFORMATION
The principal author of this revenue
procedure is Gerard Traficanti of the
Office of Associate Chief Counsel (In-
ternational). For further information
about this revenue procedure, please
contact Mr. Traficanti at (202) 874–5740
(not a toll-free number).
26 CFR 601.201: Rulings and determination let-
ters.
Rev. Proc. 97–8
TABLE OF CONTENTS
SECTION 1. PURPOSE . . . . . . . . . .188
SECTION 2. CHANGES . . . . . . . . .188
Fee Schedule
New Category
SECTION 3. BACKGROUND. . . . .188
.01 Legislation authorizing user
fees
.02 Related revenue procedures
SECTION 4. SCOPE. . . . . . . . . . . . .189
.01 Requests to which user fees
apply
.02 Requests and other actions
that do not require the
payment of a user fee
.03 Exemptions from the user
fee requirements
SECTION 5. DEFINITIONS . . . . . .189
SECTION 6. FEE SCHEDULE . . . .190
EMPLOYEE PLANS USER
FEES
.01 Letter ruling requests
.02 Requests for certain
administrative exemptions
.03 Administrative scrutiny
determinations with respect to
separate lines of business
187

.04 Opinion letters and advisory
letters on master and
prototype plans
.05 Notification letters issued by
the National Office on
mass submitter regional
prototype plans
.06 Opinion letters on prototype
individual retirement
accounts and/or annuities
and simplified employee
pensions
.07 Determination letters
.08 Advisory letters on
volume submitter plans
.09 Notification letters issued by
key district offices with
respect to regional prototype
plans
COMPLIANCE FEES AND
CORRECTION FEES
.10 Compliance statements under
the Voluntary Compliance
Resolution (VCR) program
.11 Correction statements under
the Tax-Sheltered Annuity
Voluntary Correction (TVC)
program
EXEMPT ORGANIZATIONS
USER FEES
.12 Letter rulings
.13 Determination letters and
requests for group exemption letters
SECTION 7. MAILING ADDRESS
FOR REQUESTING LETTER
RULINGS, DETERMINATION
LETTERS, ETC. . . . . . . . . . . . . . .197
.01 Matters handled by the
National Office
.02 Matters handled by key
district offices
SECTION 8. REQUESTS
INVOLVING MULTIPLE
OFFICES, FEE CATEGORIES,
ISSUES, TRANSACTIONS,
OR ENTITIES . . . . . . . . . . . . . . . .198
.01 Requests involving several
offices
.02 Requests involving several
fee categories
.03 Requests involving several
issues
.04 Requests involving several
unrelated transactions
.05 Requests for separate letter
rulings for several entities
SECTION 9. PAYMENT OF FEE . .198
.01 Method of payment
.02 Transmittal forms
.03 Effect of nonpayment or
payment of incorrect amount
SECTION 10. REFUNDS. . . . . . . . .199
.01 General rule
.02 Examples
SECTION 11. REQUEST FOR
RECONSIDERATION OF
USER FEE . . . . . . . . . . . . . . . . . . .200
SECTION 12. EFFECT ON
OTHER DOCUMENTS. . . . . . . . .200
SECTION 13. EFFECTIVE
DATE . . . . . . . . . . . . . . . . . . . . . . .200
SECTION 14. PAPERWORK
REDUCTION ACT . . . . . . . . . . . .200
APPENDIX. . . . . . . . . . . . . . . . . . . . .200
SECTION 1. PURPOSE
This revenue procedure provides
guidance for complying with the user
fee program of the Internal Revenue
Service as it pertains to requests for
letter rulings, determination letters, etc.
on matters under the jurisdiction of the
Assistant Commissioner (Employee
Plans and Exempt Organizations); re-
quests for compliance statements under
the Voluntary Compliance Resolution
(VCR) program and the Standardized
VCR Procedure (SVP) described in Rev.
Proc. 94–62, 1994–2 C.B. 778, as modi-
fied by Rev. Proc. 96–29, 1996–16
I.R.B. 24; requests for correction state-
ments under the Tax Sheltered Annuity
Voluntary Correction Program (TVC
program) described in Rev. Proc. 95–24,
1995–1 C.B. 694, as modified by Rev.
Proc. 96–50, 1996–47 I.R.B. 10; and
requests for administrative scrutiny de-
terminations under Rev. Proc. 93–41,
1993–2 C.B. 536.
SECTION 2. CHANGES
.01Fee Schedule.Adjustments have
been made in several of the fees. In-
creases have been made in the following
categories: (1) requests for waivers of
the minimum funding standard, from
$3,500 to $3,750 for waivers of
$1,000,000 or more, and from $1,500 to
$1,625 for requests for waivers of less
than $1,000,000; (2) requests for letter
rulings under Rev. Proc. 90–49, from
$200 to $250; (3) requests for adminis-
trative scrutiny determinations with re-
spect to separate lines of business, from
$3,250 to $3,450 for the first separate
line of business for which a determina-
tion is requested, and from $1,000 to
$1,100 for each additional line of busi-
ness for which a determination letter is
requested; (4) request for advance ap-
proval of scholarship grant-making pro-
cedures of a private foundation that has
an agreement for administration of the
scholarship program with the National
Merit Scholarship Corp. or a similar
organization administering a scholarship
program shown to meet Service require-
ments, from $100 to $200; and (5)
requests for confirmation letter rulings
dealing with private benefit/inurement
issues on the tax-exempt status of the
organization arising from proposed tax-
exempt bond financing, from $600 to
$700. Reductions have been made in the
following categories: (1) change in plan
year, from $150 to $100; (2) sponsoring
organization’s minor modification of M
& P mass submitter’s plan document,
per adoption agreement, from $400 to
$200; and (3) nonmass submission (new
or amended) by M & P sponsoring
organization, per adoption agreement,
from $3,000 to $2,000.
.02New Category.A new category
has been added to the user fee schedule
as a result of the Small Business Job
Protection Act of 1996 (P. L. 104–188,
enacted August 20, 1996): requests for
waiver of the excise tax, under
§ 4971(f) of the Internal Revenue Code,
on failure to pay a liquidity shortfall.
For requests for a waiver of $1,000,000
or more the fee is $3,750; for requests
for a waiver of less than $1,000,000 the
fee is $1,625.
SECTION 3. BACKGROUND
.01Legislation authorizing user fees.
Section 10511 of the Revenue Act of
1987, P. L. 100–203, 101 Stat. 1330–
382, 1330–446, enacted December 22,
1987, directed the Secretary of the Trea-
sury or delegate (the ‘‘Secretary’’) to
establish a program requiring the pay-
ment of user fees for requests to the
Service for letter rulings, opinion letters,
determination letters, and similar re-
quests. The fees charged under the pro-
gram (1) were to vary according to
categories or subcategories established
by the Secretary; (2) were to be deter-
mined after taking into account the
average time for, and difficulty of, com-
plying with requests in each category
and subcategory; and (3) were to be
payable in advance. The Secretary was
to provide for exemptions and reduced
fees under the program as the Secretary
determined to be appropriate, but the
average fee applicable to each category
must not be less than the amount speci-
fied in the statute. The fees were to
apply to requests made on or after
February 1, 1988, and before September
188

30, 1990. Section 11319 of the Omnibus
Budget Reconciliation Act of 1990, Pub.
L. 101–508, 1991–2 C.B. 481, 511,
extended the time during which the user
fees would be applicable through Sep-
tember 30, 1995. Section 743 of the
Uruguay Round Agreements Act, Pub.
L. 103–465, 1995–1 C.B. 230, 239,
extended the time during which the user
fees will be applicable through Septem-
ber 30, 2000. Section 2 of P. L. 104–
117, Tax Relief to Operation Joint En-
deavor Participants Act, 1996–34 I.R.B.
19, extended the time during which the
user fees will be applicable through
September 30, 2003.
.02Related revenue procedures.The
various revenue procedures that require
payment of a user fee, a voluntary
compliance fee under the VCR program
or the SVP, a voluntary correction fee
under the TVC program, or an adminis-
trative scrutiny determination user fee
are described in the appendix to this
revenue procedure.
SECTION 4. SCOPE
.01
Requests to which user fees apply.
In general, user fees apply to all requests
for letter rulings, opinion letters, notifi-
cation letters, determination letters, and
advisory letters submitted by or on be-
half of taxpayers, sponsoring organiza-
tions or other entities as described in this
revenue procedure. Further, voluntary
compliance fees applicable to requests
under the VCR program or the SVP,
voluntary correction fees applicable to
requests under the TVC program, and
administrative scrutiny determination
user fees described in Rev. Proc. 93–41,
are collected through the user fee pro-
gram described in this revenue proce-
dure. Requests to which a user fee, a
voluntary compliance fee, a voluntary
correction fee, or an administrative scru-
tiny determination user fee is applicable
must be accompanied by the appropriate
fee as determined from the fee schedule
set forth in section 6 of this revenue
procedure. The fee may be refunded in
limited circumstances as set forth in
section 10.
.02Requests and other actions that
do not require the payment of a user
fee.Actions which do not require the
payment of a user fee include the fol-
lowing:
(1) Requests for information letters
as defined in Rev. Proc. 97–4.
(2) Elections pertaining to auto-
matic extensions of time under
§ 301.9100–1T.
(3) Use of Form 5305, Individual
Retirement Trust Account, or Form
5305–A, Individual Retirement Custo-
dial Account, in order to adopt an
individual retirement account under
§ 408(a). The form should not be filed
with the Service.
(4) Use of Form 5305–SEP, Sim-
plified Employee Pension-Individual Re-
tirement Accounts Contribution Agree-
ment, by an employer to make an
agreement to provide benefits to all
eligible employees under a SEP de-
scribed in § 408(k). The form should
not be filed with the Service.
(5) In general, plan amendments
whereby sponsors amend their plans by
adopting, word-for-word, the model lan-
guage contained in a revenue procedure
which states that the amendment should
not be submitted to the Service and that
the Service will not issue new opinion,
notification, advisory, ruling or determi-
nation letters for plans that are amended
solely to add the model language (see,
for example, Rev. Proc. 94–13, 1994–1
C.B. 565; Rev. Proc. 95–34, 1995–2
C.B. 385; and Rev. Proc. 96–49,
1996–43 I.R.B. 74).
(6) Change in accounting period or
accounting method permitted to be made
by a published automatic change rev-
enue procedure.
.03Exemptions from the user fee re-
quirements.The following exemptions
apply to the user fee requirements.
These are the only exemptions that
apply:
(1) Departments, agencies, or in-
strumentalities of the United States that
certify that they are seeking a letter
ruling, determination letter, opinion let-
ter or similar letter on behalf of a
program or activity funded by federal
appropriations. The fact that a user fee
is not charged has no bearing on
whether an applicant is treated as an
agency or instrumentality of the United
States for purposes of any provision of
the Code.
(2) Requests as to whether a
worker is an employee for federal em-
ployment taxes and federal income tax
withholding purposes (chapters 21, 22,
23, and 24 of subtitle C of the Code)
submitted on Form SS–8, Information
for Use in Determining Whether a
Worker is an Employee for Federal
Employment Taxes and Income Tax
Withholding, or its equivalent. Such a
request may be submitted in connection
with an application for a determination
on the qualification of a plan when it is
necessary to determine whether an
employer-employee relationship exists.
See section 6.13 of Rev. Proc. 97-6,
page 162, this bulletin. In that case,
although no user fee applies to the
request submitted on Form SS–8, the
applicable user fee must be paid in
connection with the application for de-
termination on the plan’s qualification.
SECTION 5. DEFINITIONS
The following terms used in this revenue procedure are defined in the pertinent revenue procedures referred to below, which
are described in the appendix:
Administrative scrutiny determinationRev. Proc. 93–41
Adoption agreementRev. Procs. 89–9, 89–13
Advisory letterRev. Procs. 89–9, 97–6
Basic plan documentRev. Procs. 89–9, 89–13
Compliance statementRev. Proc. 94–62
Correction statementRev. Proc. 95–24
Determination letterRev. Procs. 90–27, 97–6
Group exemption letterRev. Proc. 80–27
Information letterRev. Proc. 97–4
Letter rulingRev. Proc. 97–4
Mass submitterRev. Procs. 89–9, 89–13, 87–50
Mass submitter planRev. Proc. 89–9
189

Mass submitter regional prototype planRev. Proc. 89–13
Master planRev. Proc. 89–9
Minor modificationRev. Proc. 89–9, 87–50
Notification letterRev. Proc. 89–13, 97–4
Opinion letterRev. Proc. 89–9, 97–4
Prototype planRev. Proc. 89–9
Regional prototype planRev. Proc. 89–13
SponsorRev. Proc. 89–13
Sponsoring organizationRev. Proc. 89–9, 90–21
Standardized VCR Program (SVP)Rev. Proc. 94–62
Tax-Sheltered Annuity Voluntary Correction (TVC) programRev. Proc. 95–24
Volume submitter planRev. Proc. 97–6
Volume submitter specimen planRev. Proc. 97–6
Voluntary Compliance Resolution (VCR) programRev. Proc. 94–62
Word-for-word identical adoptionRev. Proc. 89–9, 87–50
SECTION 6. FEE SCHEDULE
The amount of the user fee, compliance fee or correction fee payable with respect to each category or subcategory of
submission is as set forth in the following schedule.
CATEGORYFEE
EMPLOYEE PLANS USER FEES
.01Letter ruling requests.
(1) Computation of exclusion for annuitant under § 72$75
(2) Change in plan year (Form 5308)$100
Note:No user fee is required if the requested change is permitted to be made pursuant to the procedure
for automatic approval set forth in Rev. Proc. 87–27, 1987–1 C.B. 769.
(3) Change in funding method$400
(4) Approval to become a nonbank trustee (see § 1.408–2(e) of the Income Tax Regulations)$3,000
(5) Waiver of minimum funding standard, under § 412(d):
(a) Waiver of $1,000,000 or more$3,750
(b) Waiver of less than $1,000,000$1,625
(6) Waiver of the excise tax, under § 4971(f), on failure to pay a liquidity shortfall:
(a) Waiver of $1,000,000 or more$3,750
(b) Waiver of less than $1,000,000$1,625
(7) Letter ruling under Rev. Proc. 90–49, 1990–2 C.B. 620$250
(8) Letter ruling involving the determination of the account limit under § 419A(c)$2,100
(9) Individually designed simplified employee pension (SEP)$2,100
(10) Nonmodel amendment of individually designed SEP pursuant to the amendment procedures
described in Rev. Proc. 94–13, to comply with the requirements of § 401(a)(17)$400
(11) Nonmodel amendment of individually designed SEP to use simplified method of determining
HCEs pursuant to the procedures described in Rev. Proc. 95–34$400
Note:A single submission for Service approval may be made for amendments to include the simplified
method of determining HCEs (see sections 5(A) through 5(E) of Rev. Proc. 95–34) and to reflect the
OBRA ’93 changes to § 401(a)(17) (see section E of Part IV of Rev. Proc. 94–13). In such a case, only
one application and the user fee for a single amendment need be submitted. See section 6 of Rev. Proc.
95–34.
(12) All other letter rulings$2,100
Reduced fees, or augmented fee, applicable to all other letter rulings:
(a) Letter ruling requests by or on behalf of eligible retirement plans (within the meaning of
§ 402(c)(8)(B)) with assets of less than $150,000$600
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(b) Letter ruling requests from U.S. citizens and resident alien individuals, domestic trusts, and
domestic estates whose ‘‘total income’’ as reported on their federal income tax return (as
amended) filed for a full (12 months) taxable year ending before the date the request is filed,
plus any interest income not subject to tax under § 103 (interest on state and local bonds) for
that period, is less than $150,000$600
Note:The reduced fee applies to a married individual if the combined gross income of the applicant and
the applicant’s spouse is less than $150,000. The gross incomes of the applicant and the applicant’s spouse
are not combined, however, if the applicant is legally separated from his or her spouse and the spouses do
not file a joint income tax return with each other. In the case of a letter ruling request from a domestic
estate or trust that, at the time the request is filed, has not filed an income tax return for a full taxable
year, the reduced fee will be applicable if the decedent’s or (in the case of an individual grantor) the
grantor’s total income as reported on the last return filed for a full taxable year ending before the date of
death or the date of the transfer, taking into account any additions required to be made to total income
described in this subparagraph, is less than $150,000.
(c) Letter ruling requests from organizations exempt from income tax under ‘‘Subchapter F-Exempt
Organizations’’ with gross receipts of less than $150,000$600
Note:An organization exempt from income tax under Subchapter F must certify in its request for a letter
ruling that its gross receipts for the last full taxable year before the request was filed were less than
$150,000.
(d) In situations in which a taxpayer requests substantially identical letter rulings for multiple
entities with a common member or sponsor, or for multiple members of a common entity, each
additional letter ruling request after the $2,100 fee or the $600 reduced fee, as applicable, has
been paid for the first letter ruling request$200
(e) In situations in which a taxpayer requests a single letter ruling involving substantially identical
issues of fact and law with respect to multiple members of a common entity, for each
additional entity after the $2,100 fee or $600 reduced fee, as applicable, has been paid for the
first entity$200
.02Requests for certain administrative exemptions.
Requests for administrative exemptions for participant-directed transactions that are in compliance
with the regulations under § 404(c) of the Employee Retirement Income Security Act of 1974 (ERISA)
but may result in prohibited transactions under § 4975$2,100
Note:The provisions of Rev. Proc. 75–26, 1975–1 C.B. 722, are applicable to such requests.
.03Administrative scrutiny determinations with respect to separate lines of business.
(1) For the first separate line of business for which a determination is requested$3,450
(2) For each additional separate line of business for which a determination is requested$1,100
.04Opinion letters and advisory letters on master and prototype plans.
(1) Mass submitter M & P plan, per basic plan document, new or amended, with one adoption
agreement$3,600
(2) Mass submitter M & P plan, per each additional adoption agreement$700
(3) Sponsoring organization’s word-for-word identical adoption of M & P mass submitter’s basic plan
document (or an amendment thereof), per adoption agreement$100
Note 1:Mass submitters that are sponsoring organizations in their own right are liable for this fee.
Note 2:If a mass submitter submits, in any 12-month period ending January 31, more than 300
applications on behalf of word-for-word adopters with respect to a particular adoption agreement, only the
first 300 such applications will be subject to the fee; no fee will apply to those in excess of the first 300
such applications submitted within the 12-month period.
(4) Sponsoring organization’s minor modification of M & P mass submitter’s plan document, per
adoption agreement$200
(5) Nonmass submission (new or amended) by M & P sponsoring organization, per adoption
agreement$2,000
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(6) M & P mass submitter’s request for an advisory letter with respect to the addition of optional
provisions following issuance of a favorable opinion letter (see section 18.031(c) of Rev. Proc. 89–9), per
basic plan document (regardless of the number of adoption agreements)$400
(7) M & P mass submitter’s addition of new adoption agreements after the basic plan document and
associated adoption agreements have been approved, per adoption agreement$700
(8) Assumption of sponsorship of an approved M & P plan, without any amendment to the plan
document, by a new entity, as evidenced by a change of employer identification number$200
(9) Adoption, by M & P sponsoring organization or M & P mass submitter, of nonmodel amendment
pursuant to the limited amendment procedure described in Rev. Proc. 93–12, to comply with the
requirements of § 401(a)(31)$400
(10) Adoption, by M & P sponsoring organization or M & P mass submitter, of nonmodel
amendment pursuant to the § 401(a)(17) amendment procedures described in Rev. Proc. 94–13$400
(11) Adoption, by M & P sponsoring organization or M & P mass submitter (other than an identical
adopter of an M & P mass submitter plan), of nonmodel amendment to use simplified method of
determining HCEs pursuant to the procedures described in Rev. Proc. 95–34$400
Note 1:With respect to paragraphs (9), (10) and (11) of this section 6.04, a single submission for Service
approval may be made for plan amendments to include plan language required under § 401(a)(31) (see
sections 7 through 10 of Rev. Proc. 93–12), to reflect the OBRA ’93 changes to § 401(a)(17) (see section
E of Part IV of Rev. Proc. 94–13), and to include the simplified method of determining HCEs (see
sections 5(A) through 5(E) of Rev. Proc. 95–34). In such a case, only one application and the user fee for
a single amendment need be submitted. See section 6 of Rev. Proc. 95–34.
Note 2:With respect to paragraphs (9), (10) and (11) of this section 6.04, only one user fee is required for
all plans submitted simultaneously by each sponsor, regardless of the number of plans affected. See section
7.02 of Rev. Proc. 93–12, section V.E(1).02 of Rev. Proc. 94–13, and section 5(A).02 of Rev. Proc. 95–34.
.05Notification letters issued by the National Office on mass submitter regional prototype plans.
(1) Mass submitter regional prototype plan, per basic plan document, new or amended, with one
adoption agreement$3,600
(2) Mass submitter regional prototype plan, per each additional adoption agreement$700
Note:Separate notification letters are required for sponsors utilizing mass submitter regional prototype
plans. Such notification letters are issued by key district offices. The applicable user fee is set forth in
section 6.09(1) of this revenue procedure.
(3) Regional prototype plan mass submitter’s addition of new adoption agreements after the basic
plan document and associated adoption agreements have been approved, per adoption agreement$700
(4) Regional prototype plan mass submitter’s adoption of nonmodel amendment pursuant to the
limited amendment procedure described in Rev. Proc. 93–12, to comply with the requirements of
§ 401(a)(31) (Form 4461 or 4461–A)$400
(5) Regional prototype plan mass submitter’s adoption of nonmodel amendment pursuant to the
amendment procedures described in Rev. Proc. 94–13, to comply with the requirements of § 401(a)(17)$400
(6) Regional prototype plan mass submitter’s adoption of nonmodel amendment to use simplified
method of determining HCEs pursuant to the procedures described in Rev. Proc. 95–34$400
Note 1:With respect to paragraphs (4), (5) and (6) of this section 6.05, a single submission for Service
approval may be made for plan amendments to include plan language required under § 401(a)(31) (see
sections 7 through 10 of Rev. Proc. 93–12), to reflect the OBRA ’93 changes to § 401(a)(17) (see section
E of Part IV of Rev. Proc. 94–13), and to include the simplified method of determining HCEs (see
sections 5(A) through 5(E) of Rev. Proc. 95–34). In such a case, only one application and the user fee for
a single amendment need be submitted. See section 6 of Rev. Proc. 95–34.
Note 2:With respect to paragraphs (4), (5) and (6) of this section 6.05, only one user fee is required for
all plans submitted simultaneously by each sponsor, regardless of the number of plans affected. See section
7.02 of Rev. Proc. 93–12, section V.E(1).02 of Rev. Proc. 94–13, and section 5(A).02 of Rev. Proc. 95–34.
.06Opinion letters on prototype individual retirement accounts and/or annuities and simplified
employee pensions.
(1) Mass submission of a prototype IRA or SEP, per plan document, new or amended$1,000
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(2) Sponsoring organization’s word-for-word identical adoption of mass submitter’s prototype IRA or
SEP, per plan document or an amendment thereof$100
Note:If a mass submitter submits, in any 12-month period ending January 31, more than 300 applications
on behalf of word-for-word adopters with respect to a particular adoption agreement, only the first 300
such applications will be subject to the fee; no fee will apply to those in excess of the first 300 such
applications submitted within the 12-month period.
(3) Sponsoring organization’s minor modification of mass submitter’s prototype IRA or SEP, per plan
document$200
(4) Sponsoring organization’s nonmass submission of prototype IRA or SEP (new or amended), per
plan document (Form 5306 or Form 5306–SEP)$500
(5) Amendment of an approved prototype SEP or SARSEP by a mass submitter, an identical adopter,
or other sponsoring organization solely by the adoption of the Model Amendment reproduced in the
Appendix to Rev. Proc. 91–44, per plan document$100
(6) Adoption, by prototype SEP sponsor or SEP mass submitter, of nonmodel amendment pursuant to
the alternative amendment procedures described in Rev. Proc. 94–13, to comply with the requirements of
§ 401(a)(17)$400
(7) Adoption, by prototype SEP sponsor or SEP mass submitter, of nonmodel amendment to use
simplified method of determining HCEs pursuant to the procedures described in Rev. Proc. 95–34$400
Note 1:With respect to paragraphs (6) and (7) of this section 6.06, a single submission for Service
approval may be made for plan amendments to reflect the OBRA ’93 changes to § 401(a)(17) (see section
E of Part IV of Rev. Proc. 94–13) and to include the simplified method of determining HCEs (see sections
5(A) through 5(E) of Rev. Proc. 95–34). In such a case, only one application and the user fee for a single
amendment need be submitted. See section 6 of Rev. Proc. 95–34.
Note 2:With respect to paragraphs (6) and (7) of this section 6.06, only one user fee is required for all
prototype SEPs submitted simultaneously by each SEP sponsor or SEP mass submitter, regardless of the
number of SEPs affected. See section V.E(1).02 of Rev. Proc. 94–13 and section 5(E).02 of Rev. Proc.
95–34.
.07Determination letters
(1) If the plan is intended to satisfy a design-based or nondesign-based safe harbor, or if the applicant
is not electing to receive a determination with respect to any of the general tests, and the applicant is not
electing to receive a determination with respect to the average benefit test:
(a) Form 5300$700
(b) Form 5303$700
(c) Form 5310$225
(d) Form 5307$125
(e) Form 6406$125
(f) Multiple employer plan:
(i) 2 to 10 employers$700
(ii) 11 to 99 employers$1,400
(iii) 100 to 499 employers$2,800
(iv) Over 499 employers$5,600
Note:In the case of a multiple employer plan that is adopted by other employers after the initial
submission, the fee would be the same as in paragraph (1) above. If only one employer adopts the plan in
any subsequent year, the fee would be $700.
(2) If the applicant is electing to receive a determination with respect to the average benefit test
and/or any of the general tests:
(a) Form 5300 or Form 5303$1,250
(b) Form 5307$1,000
(c) Form 5310$375
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(d) Multiple employer plan:
(i) 2 to 10 employers$1,250
(ii) 11 to 99 employers$2,000
(iii) 100 to 499 employers$3,500
(iv) Over 499 employers$6,500
Note:In the case of a multiple employer plan that is adopted by other employers after the initial
submission, the fee would be the same as in paragraph (2) above. If only one employer adopts the plan in
any subsequent year, the fee would be $1,250.
(3) Group trusts contemplated by Rev. Rul. 81–100, 1981–1 C.B. 326$750
(4) Adoption of nonmodel amendment by employer maintaining an individually designed plan,
pursuant to the limited amendment procedure described in Rev. Proc. 93–12, to comply with § 401(a)(31)
of the Code (Form 6406)$125
(5) Adoption of nonmodel amendment by employer that has previously adopted a volume submitter’s
specimen plan and wishes to utilize the version of the specimen plan that includes a nonmodel amendment
pursuant to the limited amendment procedure described in Rev. Proc. 93–12, to comply with § 401(a)(31)
(Form 5307)$125
(6) Adoption of nonmodel amendment by employer maintaining an individually designed plan,
pursuant to the alternative amendment procedures described in Rev. Proc. 94–13, to comply with the
requirements of § 401(a)(17)$125
(7) Adoption of nonmodel amendment by employer that has previously adopted a volume submitter’s
specimen plan and wishes to utilize the version of the specimen plan that includes a nonmodel amendment
pursuant to the alternative amendment procedures described in Rev. Proc. 94–13, to comply with the
requirements of § 401(a)(17)$125
(8) Adoption of nonmodel amendment by employer that maintains an individually designed plan,
including a previously approved volume submitter plan, to include simplified method of determining HCEs
pursuant to the procedures described in Rev. Proc. 95–34$125
(9) Adoption of nonmodel amendment by employer that has previously adopted a volume submitter’s
specimen plan and wishes to utilize the version of the specimen plan that includes a nonmodel amendment
to use simplified method of determining HCEs pursuant to the procedures described in Rev. Proc. 95–34$125
Note:With respect to paragraphs (4), (5), (6) (7), (8) and (9) of this section 6.07, a single submission for
Service approval may be made for plan amendments to include plan language required under § 401(a)(31)
(see sections 7 through 10 of Rev. Proc. 93–12), to reflect the OBRA ’93 changes to § 401(a)(17) (see
section E of Part IV of Rev. Proc. 94–13), and to include the simplified method of determining HCEs (see
sections 5(A) through 5(E) of Rev. Proc. 95–34). In such a case, only one application and the user fee for
a single amendment need be submitted. See section 6 of Rev. Proc. 95–34.
.08Advisory letters on volume submitter plans.
(1) Volume submitter specimen plans$1,500
Note:A practitioner that has received approval of a volume submitter specimen plan in a key district
office must receive separate approval of the plan from each other key district office in which there are
clients adopting substantially similar plans. If the practitioner certifies at the time of filing with the second
key district office that the specimen plan is identical to a specimen plan approved by another key district
office with respect to that practitioner and attaches a copy of that office’s advisory letter, then the user fee
that would otherwise be charged for the specimen plan will not be charged.
(2) Adoption, by sponsor of volume submitter specimen plan, of nonmodel amendment pursuant to
the limited amendment procedure described in Rev. Proc. 93–12, to comply with the requirements of
§ 401(a)(31)$400
(3) Adoption, by sponsor of volume submitter specimen plan, of nonmodel amendment pursuant to
the alternative amendment procedures described in Rev. Proc. 94–13, to comply with the requirements of
§ 401(a)(17)$400
(4) Adoption, by sponsor of volume submitter specimen plan, of nonmodel amendment to use
simplified method of determining HCEs pursuant to the procedures described in Rev. Proc. 95–34$400
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Note:With respect to paragraphs (2), (3) and (4) of this section 6.08, a single submission for Service
approval may be made for plan amendments to include plan language required under § 401(a)(31) (see
sections 7 through 10 of Rev. Proc. 93–12), to reflect the OBRA ’93 changes to § 401(a)(17) (see section
E of Part IV of Rev. Proc. 94–13), and to include the simplified method of determining HCEs (see
sections 5(A) through 5(E) of Rev. Proc. 95–34). In such a case, only one application and the user fee for
a single amendment need be submitted. See section 6 of Rev. Proc. 95–34.
.09Notification letters issued by key district offices with respect to regional prototype plans.
(1) Sponsor’s identical adoption of mass submitter’s regional prototype plan basic plan document, per
adoption agreement (Form 4461–B)$100
Note:Mass submitters that are sponsors in their own right are liable for this fee.
(2) Sponsor’s nonmass submission of regional prototype plan, per adoption agreement (Form 4461 or
4461–A)$1,500
(3) Adoption, by sponsor of regional prototype plan, of nonmodel amendment pursuant to the limited
amendment procedure described in Rev. Proc. 93–12, to comply with the requirements of § 401(a)(31)
(Form 4461 or 4461–A)$400
(4) Adoption, by sponsor of regional prototype plan, of nonmodel amendment pursuant to the
alternative amendment procedures described in Rev. Proc. 94–13, to comply with the requirements of
§ 401(a)(17)$400
(5) Adoption, by sponsor of regional prototype plan, of nonmodel amendment to use simplified
method of determining HCEs pursuant to the procedures described in Rev. Proc. 95–34$400
Note:With respect to paragraphs (3), (4) and (5) of this section 6.09, a single submission for Service
approval may be made for plan amendments to include plan language required under § 401(a)(31) (see
sections 7 through 10 of Rev. Proc. 93–12), to reflect the OBRA ’93 changes to § 401(a)(17) (see section
E of Part IV of Rev. Proc. 94–13), and to include the simplified method of determining HCEs (see
sections 5(A) through 5(E) of Rev. Proc. 95–34). In such a case, only one application and the user fee for
a single amendment need be submitted. See section 6 of Rev. Proc. 95–34.
COMPLIANCE FEES AND CORRECTION FEES
.10Compliance statements under the Voluntary Compliance Resolution (VCR) program.
(1) Request for a compliance statement under the VCR program:
(a) For a plan with assets of less than $500,000, and no more than 1,000 plan participants$500
(b) For a plan with assets of at least $500,000, and no more than 1,000 plan participants$1,250
(c) For a plan with more than 1,000 plan participants but less than 10,000 plan participants$5,000
(d) For a plan with 10,000 or more plan participants$10,000
Note:In establishing the number of plan participants, the plan sponsor will use the numbers from the most
recently filed Form 5500 series.
(2) Request for a compliance statement under the Standardized VCR Program (SVP)$350
.11Correction statements under the Tax-Sheltered Annuity Voluntary Correction (TVC) program.
(1) Request for a correction statement under the TVC program:
(a) For an employer with fewer than 25 employees$500
(b) For an employer with at least 25 and no more than 1,000 employees$1,250
(c) For an employer with more than 1,000 employees but less than 10,000 employees$5,000
(d) For an employer with 10,000 or more employees$10,000
EXEMPT ORGANIZATIONS USER FEES
.12Letter rulings.
(1) Applications with respect to change in accounting period (Form 1128)$100
Note:No user fee is charged if the procedure described in Rev. Proc. 85–58, 1985–2 C.B. 740, is used by
timely filing the appropriate information return, or if the procedure described in Rev. Proc. 76–10, 1976–1
C.B. 548, for organizations with group exemptions is followed.
(2) Applications with respect to change in accounting method (Form 3115)$100
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Note:No user fee is charged if the method described in Rev. Proc. 92–74, 1992–2 C.B. 442, or that
described in Rev. Proc. 92–75, 1992–2 C.B. 448, is used. Taxpayers complying timely with whichever of
those revenue procedures is applicable will be deemed to have obtained the consent of the Commissioner
of Internal Revenue to change their method of accounting.
(3) Advance approval of scholarship grant-making procedures of a private foundation that has an
agreement for the administration of the scholarship program with the National Merit Scholarship Corp., or
similar organization administering a scholarship program shown to meet Service requirements$200
(4) Request for a letter ruling as to whether an organization exempt from federal income tax is
required to file an annual return under § 6033$200
Note 1:See Rev. Proc. 95–48, 1995–2 C.B. 418, which specifies that governmental units and affiliates of
governmental units that are exempt from federal income tax under § 501(a) are not required to file annual
information returns on Form 990, Return of Organization Exempt from Income Tax.
Note 2:There is no additional charge for a determination of the § 6033 filing requirement from an
organization seeking recognition of exempt status under § 501 if the organization submits the information
required by line 9 of Part I of Form 1023, Application for Recognition of Exemption under Section
501(c)(3) of the Code, or submits a separate written request with its application for recognition of
exemption. Only the user fee for the initial application for recognition of exemption applies.
(5) Request for a confirmation letter dealing with private benefit/inurement issues on the tax-exempt
status of the organization arising from proposed tax-exempt bond financing$700
(6) All other letter rulings$2,100
Reduced fees applicable to all other letter rulings:
(a) Organizations with gross receipts less than $150,000$600
Note:An exempt organization seeking a reduced fee must certify in the letter ruling request that its gross
receipts for the last taxable year before the request is filed were less than $150,000.
(b) Letter ruling requests from U.S. citizens and resident alien individuals, domestic trusts, and
domestic estates whose ‘‘total income’’ as reported on their federal income tax return (as
amended) filed for a full (12 months) taxable year ending before the date the request is filed,
plus any interest income not subject to tax under § 103 (interest on state and local bonds) for
that period, is less than $150,000$600
Note:The reduced fee applies to a married individual if the combined gross income of the applicant and
the applicant’s spouse is less than $150,000. The gross incomes of the applicant and the applicant’s spouse
are not combined, however, if the applicant is legally separated from his or her spouse and the spouses do
not file a joint income tax return with each other. In the case of a letter ruling request from a domestic
estate or trust that, at the time the request is filed, has not filed an income tax return for a full taxable
year, the reduced fee will be applicable if the decedent’s or (in the case of an individual grantor) the
grantor’s total income as reported on the last return filed for a full taxable year ending before the date of
death or the date of the transfer, taking into account any additions required to be made to total income
described in this subparagraph, is less than $150,000.
(c) Letter ruling requests in which a taxpayer requests substantially identical letter rulings for
multiple entities with a common member or activity, or multiple members of a common entity,
for each additional letter ruling request after the $2,100 fee or the $600 reduced fee, as
applicable, has been paid for the first letter ruling request$200
.13Determination letters and requests for group exemption letters.
(1) Initial application for exemption under § 501 or § 521 from organizations (other than pension,
profit-sharing, and stock bonus plans described in § 401) that have had annual gross receipts averaging
not more than $10,000 during the preceding four years, or new organizations that anticipate gross receipts
averaging not more than $10,000 during their first four years$150
Note:Organizations seeking this reduced fee must sign a certification with their application that the
receipts are or will be not more than the indicated amounts.
(2) Initial application for exempt status from organizations otherwise described in paragraph (1) of
this section 6.13 whose actual or anticipated gross receipts exceed the $10,000 average annually$465
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Note:If an organization that is already recognized as exempt under § 501(c) seeks reclassification under
another subparagraph of § 501(c), a new user fee will be charged whether or not a new application is
required. An additional fee applies to organizations that seek recognition of exemption under § 501(c)(4)
(unless requested at the time of the § 501(c)(3) application) for a period for which they do not qualify for
exemption under § 501(c)(3) because their application was filed late and they do not qualify for relief
under § 301.9100–1T.
(3) Group exemption letters$500
SECTION 7. MAILING ADDRESS FOR REQUESTING LETTER RULINGS, DETERMINATION LETTERS, ETC.
.01Matters handled by the National Office.Requests should either be mailed to the appropriate address set forth in this
section 7.01, or hand delivered to the drop box at the 12th Street entrance of 1111 Constitution Avenue, N.W., Washington,
D.C. No dated receipt will be given at the drop box.
(1)Employee plans letter rulings under Rev. Proc. 78–37, 79–61, 79–62, 87–50, 90–49, 94–41, 94–42 or 97–4:
Internal Revenue Service
Attention: CP:E:EP
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
(2)Employee plans opinion letters, advisory letters, or notification letters (that is, notification letters with respect to mass
submitters’ regional prototype plans) under Rev. Proc. 89–9, 89–13 or 97–4:
Internal Revenue Service
Attention: CP:E:EP
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
(3)Employee plans compliance statements under Rev. Proc. 94–62:
Internal Revenue Service
Attention: CP:E:EP:VCR
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
(4)Employee plans correction statements under Rev. Proc. 95–24:
Internal Revenue Service
Attention: CP:E:EP:TVC
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
(5)Employee plans administrative scrutiny determinations under Rev. Proc. 93–41:
Internal Revenue Service
Attention: CP:E:EP
ADMINISTRATIVE SCRUTINY
P.O. Box 14073
Ben Franklin Station
Washington, D.C. 20044
(6)Exempt organizations letter rulings:
Internal Revenue Service
Attention: CP:E:EO
P.O. Box 120
Ben Franklin Station
Washington, D.C. 20044
.02Matters handled by key district offices.Except as noted below, letter requests and applications should be sent to the
Internal Revenue Service Center in Covington, Kentucky, at the address shown below. This applies to requests for determination
letters, regional prototype notification letters and volume submitter advisory letters on the qualified status of employee plans
under §§ 401, 403(a), and 409, and the exempt status of any related trust under § 501; applications for recognition of tax
exemption on Form 1023 and Form 1024; and other letter applications for recognition of qualification or exemption. The
address is:
Internal Revenue Service
P.O. Box 192
Covington, KY 41012–0192
All other such requests or applications should be sent to the following address:
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EMPLOYEE PLANS APPLICATIONS
If entity is in:
Send request for determination letter, notification letter, or
advisory letter to this address:
Connecticut, Maine, Massachusetts, New Hampshire,
New York, Rhode Island, Vermont
Internal Revenue Service
EP/EO Division
P.O. Box 1680, GPO
Brooklyn, NY 11202
Alaska, California, Hawaii, Idaho, Nevada, Oregon,
Washington
Internal Revenue Service
EP Application
EP/EO Division
McCaslin Industrial Park
2 Cupania Circle
Monterey Park, CA 91755–7406
EXEMPT ORGANIZATIONS APPLICATIONS
If entity is in:Send request for determination letter to this address:
Connecticut, Maine, Massachusetts, New Hampshire,
New York, Rhode Island, Vermont
Internal Revenue Service
EP/EO Division
P.O. Box 1680, GPO
Brooklyn, NY 11202
Alaska, California, Hawaii, Idaho, Nevada, Oregon,
Washington
Internal Revenue Service
EO Application
EP/EO Division
McCaslin Industrial Park
2 Cupania Circle
Monterey Park, CA 91755–7406
SECTION 8. REQUESTS INVOLVING
MULTIPLE OFFICES, FEE
CATEGORIES, ISSUES,
TRANSACTIONS, OR ENTITIES
.01Requests involving several offices.
If a request dealing with only one
transaction involves more than one of
the offices within the National Office
(for example, one issue is under the
jurisdiction of the Associate Chief
Counsel (Domestic) and another issue is
under the jurisdiction of the Assistant
Commissioner (Employee Plans and Ex-
empt Organizations)), only one fee ap-
plies, namely the highest fee that other-
wise would apply to each of the offices
involved. See Rev. Proc. 97–1, this
bulletin, for the user fees applicable to
issues under the jurisdiction of the Asso-
ciate Chief Counsel (Domestic), the As-
sociate Chief Counsel (Employee Ben-
efits and Exempt Organizations), the
Associate Chief Counsel (Enforcement
Litigation), or the Associate Chief Coun-
sel (International).
.02Requests involving several fee
categories.If a request dealing with
only one transaction involves more than
one fee category, only one fee applies,
namely the highest fee that otherwise
would apply to each of the categories
involved.
.03Requests involving several issues.
If a request dealing with only one
transaction involves several issues, or a
request for a change in accounting
method dealing with only one item or
sub-method of accounting involves sev-
eral issues, or a request for a change in
accounting period dealing with only one
item involves several issues, the request
is treated as one request. Therefore, only
one fee applies, namely the fee that
applies to the particular category or
subcategory involved. The addition of a
new issue relating to the same transac-
tion will not result in an additional fee,
unless the issue places the transaction in
a higher fee category.
.04Requests involving several unre-
lated transactions.If a request involves
several unrelated transactions, or a re-
quest for a change in accounting method
involves several unrelated items or sub-
methods of accounting, or a request for
a change in accounting period involves
several unrelated items, each transaction
or item is treated as a separate request.
As a result, a separate fee will apply for
each unrelated transaction or item. An
additional fee will apply if the request is
changed by the addition of an unrelated
transaction or item not contained in the
initial submission.
.05Requests for separate letter rul-
ings for several entities.Each entity
involved in a transaction (for example,
an exempt hospital reorganization) that
desires a separate letter ruling in its own
name must pay a separate fee regardless
of whether the transaction or transac-
tions may be viewed as related. In
certain situations, however, a reduced
fee may be charged. See sections
6.01(12)(d) and (e) and 6.12(6)(c) of
this revenue procedure.
SECTION 9. PAYMENT OF FEE
.01Method of payment.Each request
to the Service for a letter ruling, deter-
mination letter, opinion letter, etc. must
be accompanied by a check or money
order, payable to the Internal Revenue
Service, in the appropriate amount. Tax-
payers should not send cash.
.02Transmittal forms.Form 8717,
User Fee for Employee Plan Determina-
tion Letter Request, and Form 8718,
User Fee for Exempt Organization De-
termination Letter Request, are intended
to be used as attachments to determina-
tion letter applications. Space is reserved
for the attachment of the applicable user
fee check or money order. No similar
form has been designed to be used in
connection with requests for letter rul-
ings, opinion letters, notification letters,
advisory letters, compliance statements,
198

correction statements or administrative
scrutiny determinations.
.03Effect of nonpayment or payment
of incorrect amount.It will be the
general practice of the Service that:
(1)
The respective offices within
the Service that are responsible for
issuing letter rulings, determination let-
ters, etc. will exercise discretion in
deciding whether to immediately return
submissions that are not accompanied
by a properly completed check or
money order or that are accompanied
by a check or money order for less than
the correct amount. In those instances
where the submission is not immedi-
ately returned, the requester will be
contacted and given a reasonable
amount of time to submit the proper
fee. If the proper fee is not received
within a reasonable amount of time, the
entire submission will then be returned.
However, the respective offices of the
Service, in their discretion, may defer
substantive consideration of a submis-
sion until proper payment has been
received.
(2) An application for a determina-
tion letter will not be returned merely
because Form 8717 or Form 8718 was
not attached.
(3) The return of a submission to
the requester may adversely affect sub-
stantive rights if the submission is not
perfected and resubmitted to the Service
within 30 days of the date of the cover
letter returning the submission. Ex-
amples of this are: (a) where an applica-
tion for a determination letter is submit-
ted prior to the expiration of the
remedial amendment period under
§ 401(b) and is returned because no
user fee was attached, the submission
will be timely if it is resubmitted by the
expiration of the remedial amendment
period or, if later, within 30 days after
the application was returned; and (b)
where an application for exemption un-
der § 501(c)(3) is submitted before ex-
piration of the period provided by
§ 1.508–1(a)(2) and is returned because
no user fee was attached, the submission
will be timely if it is resubmitted before
expiration of the period provided by
§ 1.508-1(a)(2) or within 30 days,
whichever is later.
(4) If a check or money order is
for more than the correct amount, the
submission will be accepted and the
amount of the excess payment will be
returned to the requester.
SECTION 10. REFUNDS
.01General rule.In general, the fee
will not be refunded unless the Service
declines to rule on all issues for which a
ruling is requested. In the case of a
request for a letter ruling, if the case has
been closed by the Service because
essential information has not been sub-
mitted timely, the request may be re-
opened and treated as a new request, but
the taxpayer must pay another user fee
before the case can be reopened. See
section 11.04(5) of Rev. Proc. 97–4,
page 119, this Bulletin.
.02Examples.
(1) The following situations are
examples of situations in which the
fee will not be refunded:
(a) The request for a letter rul-
ing, determination letter, etc.
is withdrawn at any time
subsequent to its receipt by
the Service, unless the only
reason for withdrawal is that
the Service has advised the
requester that a higher user
fee than was sent with the
request is applicable and the
requester is unwilling to pay
the higher fee.
(b) The request is procedurally
deficient, although accompa-
nied by the proper fee and is
not timely perfected by the
requester. When there is a
failure to timely perfect the
request, the case will be con-
sidered closed and the failure
to perfect will be treated as a
withdrawal for purposes of
this revenue procedure.
(c) A letter ruling, determination
letter, etc. is revoked in
whole or in part at the initia-
tive of the Service. The fee
paid at the time the original
letter ruling, determination
letter, etc. was requested will
not be refunded.
(d) The request contains several
issues and the Service rules
on some, but not all, of the
issues. The highest fee appli-
cable to the issues on which
the Service rules will not be
refunded.
(e) The taxpayer asserts that a
letter ruling the taxpayer re-
ceived covering a single is-
sue is erroneous or not re-
sponsive (other than an issue
on which the Service has
declined to rule) and requests
reconsideration. The Service,
upon reconsideration, does
not agree that the letter rul-
ing is erroneous or is not
responsive. The fee accompa-
nying the request for recon-
sideration will not be re-
funded.
(f) The situation is the same as
described in subparagraph (e)
of this section 10.02(1) ex-
cept that the letter ruling cov-
ered several unrelated trans-
actions. The Service, upon
reconsideration does not
agree with the taxpayer that
the letter ruling is erroneous
or is not responsive for all of
the transactions, but does
agree that it is erroneous as
to one transaction. The fee
accompanying the request for
reconsideration will not be
refunded except to the extent
applicable to the transaction
for which the Service agrees
the letter ruling was in error.
(g) The request is for a supple-
mental letter ruling, determi-
nation letter, etc. concerning
a change in facts (whether
significant or not) relating to
the transaction ruled on.
(h) The request is for reconsid-
eration of an adverse or par-
tially adverse letter ruling or
a final adverse determination
letter, and the taxpayer sub-
mits arguments and authori-
ties not submitted before the
original letter ruling or deter-
mination letter was issued.
(2) The following situations are
examples of situations in which the
fee will be refunded:
(a) In a situation to which sec-
tion 10.02(1)(h) of this rev-
enue procedure does not ap-
ply, the taxpayer asserts that
a letter ruling the taxpayer
received covering a single
issue is erroneous or is not
responsive (other than an is-
sue on which the Service
declined to rule) and requests
reconsideration. The Service
agrees, upon reconsideration,
that the letter ruling is erro-
neous or is not responsive.
The fee accompanying the
199

taxpayer’s request for recon-
sideration will be refunded.
(b) In a situation to which sec-
tion 10.02(1)(h) of this rev-
enue procedure does not ap-
ply, the requester requests a
supplemental letter ruling,
determination letter, etc. to
correct a mistake that the
Service agrees it made in the
original letter ruling, deter-
mination letter, etc., such as
a mistake in the statement of
facts or in the citation of a
Code section. Once the Ser-
vice agrees that it made a
mistake, the fee accompany-
ing the request for the
supplemental letter ruling,
determination letter, etc. will
be refunded.
(c) The taxpayer requests and is
granted relief under
§ 7805(b) in connection with
the revocation in whole or in
part, of a previously issued
letter ruling, determination
letter, etc. The fee accompa-
nying the request for relief
will be refunded.
(d) In a situation to which sec-
tion 10.02(1)(d) of this rev-
enue procedure applied, the
taxpayer requests reconsid-
eration of the Service’s deci-
sion not to rule on an issue.
Once the Service agrees to
rule on the issue, the fee
accompanying the request for
reconsideration will be re-
funded.
SECTION 11. REQUEST FOR
RECONSIDERATION OF USER FEE
A taxpayer that believes the user fee
charged by the Service for its request
for a letter ruling, determination letter,
etc. is either not applicable or incorrect
and wishes to receive a refund of all or
part of the amount paid (see section 10
of this revenue procedure) may request
reconsideration and, if desired, the op-
portunity for an oral discussion by send-
ing a letter to the Internal Revenue
Service at the applicable Post Office
Box or other address given in this
section 11. Both the incoming envelope
and the letter requesting such reconsid-
eration should be prominently marked
‘‘USER FEE RECONSIDERATION
REQUEST.’’ No user fee is required for
these requests. The request should be
marked for the attention of:
If the matter involves primarily:Mark for the attention of:
Employee plans letter ruling requests and all other employee
plans matters handled by the National Office
Director, Employee Plans Division, CP:E:EP
Exempt organizations letter ruling requestsDirector, Exempt Organizations Division, CP:E:EO
Employee plans and/or exempt organizations determination
letter requests
Chief, Technical/Review Staff
Key District Office (Add name of key district office
handling the request.)
SECTION 12. EFFECT ON OTHER
DOCUMENTS
.01 Rev. Proc. 96–8 is superseded.
SECTION 13. EFFECTIVE DATE
This revenue procedure is effective
January 6, 1997.
SECTION 14. PAPERWORK
REDUCTION ACT
The collections of information con-
tained in this revenue procedure have
been reviewed and approved by the
Office of Management and Budget in
accordance with the Paperwork Reduc-
tion Act (44 U.S.C. 3507) under control
number 1545–1520.
An agency may not conduct or spon-
sor, and a person is not required to
respond to, a collection of information
unless the collection of information dis-
plays a valid control number.
The collections of information in this
revenue procedure are in sections
6.01(12)(c), 6.12(6)(a), 6.13(1) and 11.
This information is required to substan-
tiate that a taxpayer or an exempt
organization seeking to pay a reduced
user fee with respect to a request for a
letter ruling is entitled to pay the re-
duced fee; to identify the user fee
category and corresponding fee required
to be paid with respect to determination
letter requests; to request reconsideration
of the user fee charged by the Service
and, in connection with such a request,
to indicate whether an oral discussion is
desired. This information will be used to
enable the Service to determine whether
the taxpayer or exempt organization is
entitled to pay a reduced user fee, to
ascertain whether reconsideration of the
user fee is being requested and, if it is
being requested, whether an oral discus-
sion is requested. The collections of
information are voluntary, to obtain a
benefit. The likely respondents are indi-
viduals, business or other for-profit in-
stitutions, nonprofit institutions, and
small businesses or organizations.
The estimated total annual reporting
and/or recordkeeping burden is 300
hours.
The estimated annual burden per
respondent/recordkeeper varies from one
hour to ten hours, depending on indi-
vidual circumstances, with an estimated
average of three hours. The estimated
number of respondents and/or
recordkeepers is 90 (requests for re-
duced fees) and 10 (requests for recon-
sideration of fee).
The estimated annual frequency of
responses is on occasion.
Books or records relating to a collec-
tion of information must be retained as
long as their contents may become ma-
terial in the administration of any inter-
nal revenue law. Generally tax returns
and tax return information are confiden-
tial, as required by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal author of this revenue
procedure is John H. Turner of the
Employee Plans Division. For further
information regarding this revenue pro-
cedure, contact Mr. Turner at (202)
622–6214 (not a toll-free number).
APPENDIX
Following is a list of revenue proce-
dures requiring payment of a user fee,
an administrative scrutiny determination
user fee, a voluntary compliance fee, or
a voluntary correction fee.
A.Procedures applicable to both Em-
ployee Plans and Exempt Organizations
200

Rev. Proc. 97–4, this bulletin, pro-
vides procedures for issuing letter rul-
ings, information letters, etc. relating to
matters under the jurisdiction of the
Assistant Commissioner (Employee
Plans and Exempt Organizations).
B.Procedures Applicable to Employee
Plans Matters other than Actuarial Mat-
ters
Rev. Proc. 75–26, 1975–1 C.B. 722,
sets forth the general procedures of the
Department of Labor and the Internal
Revenue Service for the processing of
applications for exemption under
§ 408(a) of ERISA and § 4975(c)(2) of
the Code.
Rev. Proc. 87–50, 1987–2 C.B. 647,
as modified by Rev. Proc. 91–44 and
Rev. Proc. 92–38, sets forth the proce-
dures of the Service relating to the
issuance of rulings and opinion letters
with respect to the establishment of
individual retirement accounts and annu-
ities (IRAs) under § 408, the entitle-
ment to exemption of related trusts or
custodial accounts under § 408(e), and
the acceptability of the form of proto-
type simplified employee pension (SEP)
agreements under §§ 408(k) and 415.
Rev. Proc. 89–9, 1989–1 C.B. 780, as
modified by Rev. Proc. 90–21; Rev.
Proc. 92–41, 1992–1 C.B. 870; Rev.
Proc. 93–9, 1993–1 C.B. 474; Rev.
Proc. 93–12; and Rev. Proc. 94–13; and
as supplemented by Rev. Proc. 93–10,
1993–1 C.B. 476, sets forth the proce-
dures of the Service pertaining to the
issuance of opinion letters relating to
master or prototype pension, profit-
sharing and annuity plans involving
§§ 401 and 403(a), as amended by the
Tax Reform Act of 1986 (TRA ’86), the
Omnibus Budget Reconciliation Act of
1986 (OBRA ’86), the Omnibus Budget
Reconciliation Act of 1987 (OBRA ’87),
the Technical and Miscellaneous Rev-
enue Act of 1988 (TAMRA), and the
Omnibus Budget Reconciliation Act of
1993 (OBRA ’93), and the status for
exemption of related trusts or custodial
accounts under § 501(a).
Rev. Proc. 89–13, 1989–1 C.B. 801,
as modified by Rev. Proc. 90–21, Rev.
Proc. 92–41, Rev. Proc. 93–9 and Rev.
Proc. 93–12, and as supplemented by
Rev. Proc. 93–10, sets forth the proce-
dures of the Service for issuing notifica-
tion letters relating to the qualification,
as to form, of certain regional prototype
defined contribution plans and defined
benefit plans, and provides guidance
with respect to the issuance of determi-
nation letters to employers adopting
such plans as to whether the plans as
adopted qualify under §§ 401 and
403(a) and as to whether any related
trusts or custodial accounts are exempt
under § 501(a).
Rev. Proc. 90–21, 1990–1 C.B. 499,
modified Rev. Procs. 89–9 and 89–13
regarding certain requirements for ap-
proval by the Service of master and
prototype (M & P) pension, profit-
sharing and annuity plans and regional
prototype plans.
Rev. Proc. 91–44, 1991–2 C.B. 733,
modified Rev. Proc. 87–50 (section
2.10) and Notice 87–62, 1987–2 C.B.
374, to permit a mass submitter or
sponsoring organization to obtain an
opinion letter for a prototype simplified
employee pension (SEP) agreement that
provides for contributions pursuant to an
employee’s election as described in
§ 408(k)(6).
Rev. Proc. 92–24, 1992–1 C.B. 739,
provides procedures for requesting de-
termination letters on the effect on a
plan’s qualified status under § 401(a) of
the Code of plan language that permits,
pursuant to § 420, the transfer of assets
in a defined benefit plan to a health
benefits account described in § 401(h).
Rev. Proc. 92–38, 1992–1 C.B. 859,
provides notice that individual retire-
ment arrangement trusts, custodial ac-
count agreements, and annuity contracts
must be amended to provide for the
required distribution rules in § 408(a)(6)
or (b)(3). In addition, Rev. Proc. 92–38
modifies the guidance in Rev. Proc.
87–50 with regard to opinion letters
issued to sponsoring organizations, in-
cluding mass submitters and sponsors of
prototype IRAs.
Rev. Proc. 93–12, as modified by
Rev. Proc. 93–39, provides a simplified
method for master and prototype plan
sponsoring organizations or mass
submitters, regional prototype plan spon-
sors or mass submitters, volume submit-
ter specimen plan sponsors, and spon-
sors of individually designed plans
which have received favorable opinion,
notification, advisory, or determination
letters to amend their plans to comply
with § 401(a)(31) by adopting either a
model amendment or a nonmodel
amendment for approval by the Service.
Rev. Proc. 93–41, 1993–2 C.B. 536,
sets forth the procedures of the Service
relating to the issuance of an administra-
tive scrutiny determination as to whether
a separate line of business satisfies the
requirement of administrative scrutiny
within the meaning of § 1.414(r)–6.
Rev. Proc. 94–13, 1994–1 C.B. 566,
provides guidance for certain sponsors
of qualified plans and SEPs on amend-
ing their plans to reflect the modifica-
tions made by § 13212 of OBRA ’93 to
§ 401(a)(17).
Rev. Proc. 94–62, 1994–2 C.B. 778,
as modified by Rev. Proc. 96–29,
1996–16 I.R.B. 24, describes the Volun-
tary Compliance Resolution (VCR) pro-
gram and the Standardized VCR Proce-
dure (SVP). The VCR program permits
plan sponsors (including employers, plan
administrators and trustees) to correct
operational plan defects that they have
identified. Certain other operational de-
fects may be corrected under the SVP,
pursuant to rules set forth in the appli-
cable sections of Rev. Proc. 94–62.
Rev. Proc. 95–24, 1995–1 C.B. 694,
as modified by Rev. Proc. 96–50,
1996–47 I.R.B. 10, establishes the Tax
Sheltered Annuity Voluntary Correction
Program (TVC program). The TVC pro-
gram permits an employer that offers a
tax sheltered annuity plan under
§ 403(b) of the Code to voluntarily
identify and correct certain defects in
the plan. Employers that request consid-
eration under the TVC program, agree
to correct the identified defects, and pay
the negotiated sanction, will receive
written assurance that the corrections are
acceptable and that the Service will not
pursue revocation of the income tax
exclusion with respect to the violations
identified and corrected.
Rev. Proc. 95–34, 1995–2 C.B. 385,
provides a simplified method for amend-
ing certain plans to use the simplified
method of determining highly compen-
sated employees provided in Rev. Proc.
93–42, 1993–2 C.B. 540, by adopting
either model plan language or a
nonmodel amendment for approval by
the Service.
Rev. Proc. 97–6, this bulletin, pro-
vides procedures for issuing determina-
tion letters on the qualified status of
employee plans under §§ 401(a),
403(a), 409, and 4975(e)(7).
C.Employee Plans Actuarial Matters
Rev. Proc. 78–37, 1978–2 C.B. 540,
sets forth the procedure by which a plan
administrator or plan sponsor may ob-
tain approval of the Secretary of the
Treasury for a change in funding
method as provided by § 412(c)(5) of
the Code and § 302(c)(5) of ERISA.
Rev. Proc. 79–61, 1979–2 C.B. 575,
outlines the procedure by which a plan
administrator or plan sponsor may re-
quest and obtain approval for an exten-
201

sion of an amortization period in accor-
dance with § 412(e) of the Code and
§ 304(a) of ERISA.
Rev. Proc. 79–62, 1979–2 C.B. 576,
outlines the procedure by which a plan
sponsor or administrator may request a
determination that a plan amendment is
reasonable and provides for onlyde
minimisincreases in plan liabilities in
accordance with § 412(f)(2)(A) of the
Code and § 304(b)(2)(A) of ERISA.
Rev. Proc. 90–49, 1990–2 C.B. 620,
modifies and replaces Rev. Proc. 89–35,
1989–1 C.B. 917, in order to extend the
effective date to contributions made for
plan years beginning after December 31,
1989, to change the deadline for re-
questing rulings under the revenue pro-
cedure, to revise the information re-
quirements for a ruling request made
under the revenue procedure, to furnish
a worksheet for actuarial computations,
and to provide a special rule under
which certainde minimisnondeductible
employer contributions to a qualified
defined benefit plan may be returned to
the taxpayer without a formal ruling or
disallowance from the Service.
Rev. Proc. 94–41, 1994–1 C.B. 711,
sets forth procedures for requesting
waivers of the minimum funding stan-
dard described in § 412(d) and the
issuance of such waivers by the Assis-
tant Commissioner (Employee Plans and
Exempt Organizations).
Rev. Proc. 94–42, 1994–1 C.B. 717,
supersedes Rev. Proc. 79–18, 1979–1
C.B. 525, and Rev. Rul. 79–215, 1979–2
C.B. 190, and sets forth a procedure for
obtaining approval of an amendment to
a qualified plan that, under § 412(c)(8),
reduces the accrued benefits of plan
participants.
D.Procedures Applicable to Exempt
Organizations Matters Only
Rev. Proc. 80–27, 1980–1 C.B. 677,
provides procedures under which recog-
nition of exemption from federal income
tax under § 501(c) may be obtained on
a group basis for subordinate organiza-
tions affiliated with and under the gen-
eral supervision or control of a central
organization. This procedure relieves
each of the subordinates covered by a
group exemption letter from filing its
own application for recognition of ex-
emption.
Rev. Proc. 90–27, 1990–1 C.B. 514,
sets forth revised procedures with regard
to applications for recognition of ex-
emption from federal income tax under
§§ 501 and 521.
202

Part IV. Items of General Interest
Cumulative List of Announcements Relating to Section 7428(c) Validation of
Certain Contributions Made During Pendency of Declaratory Judgment
Proceedings from January 1, 1996 through December 31, 1996
The following is a cumulative listing
of names of organizations that are
presently challenging, under section
7428 of the Internal Revenue Code, the
revocation of their status as organiza-
tions entitled to receive deductible con-
tributions in declaratory judgment suits
in the Tax Court, the United States
District Court for the District of Co-
lumbia, or the United States Court of
Federal Claims. The purpose of this
announcement is to inform potential
donors to these organizations of the
protection under 7428(c) for certain
contributions made during the litiga-
tion period.
Protection under section 7428(c) of
the Code begins on the date that the
notice of revocation is published in the
Internal Revenue Bulletin and ends on
the date on which a court first deter-
mines that an organization is not de-
scribed in section 170(c)(2), as more
particularly set forth in section
7428(c)(1). In the case of individual
contributors, the maximum amount of
contributions protected during this pe-
riod is limited to $1,000.00, with a
husband and wife being treated as one
contributor. This protection is not ex-
tended to any individual who was re-
sponsible, in whole or in part, for the
acts or omissions of the organization
that were the basis for the revocation.
This protection also applies (but without
limitation as to amount) to organizations
described in section 170(c)(2) which are
exempt from tax under section 501(a). If
the organization ultimately prevails in
its declaratory judgment suit, deductibil-
ity of contributions would be subject to
the normal limitations set forth under
section 170.
I. The organizations listed below continue to be involved in pending declaratory judgment suits under section 7428 of the
Code, challenging revocation of their status as eligible donees under section 170(c)(2). Protection under section 7428(c) of the
Code begins on the date indicated.
Anclote Psychiatric Center, Inc.
(January 27, 1992)
Tarpon Springs, FL
Branch Ministries, Inc. d/b/a The Church at Pierce Creek
(April 10, 1995)
Binghampton, NY
Christe, Inc.
(December 18, 1995)
Cincinnati, OH
Christian Communications Network
(October 2, 1995)
La Mesa, CA
Colorado Reform Baptist Church, Inc.
(January 22, 1991)
Colorado Springs, CO
Faith Christian Ministries Church, Inc.
(October 7, 1991)
Fenton, MO
Gates Community Chapel of Rochester, Inc.
(November 21, 1994)
Lakemont, NY
HAC Corporation a/k/a Hobgood Academy
(July 3, 1995)
Hobgood, NC
LAC Facilities, Inc. f/k/a Modern Health Care Services, Inc.
(August 29, 1994)
North Miami Beach, FL
New Hope Spiritual Center
(March 28, 1994)
Zephyr Hills, FL
Jack Rehburg Ministries a/k/a Total Christian Television
(May 3, 1993)
Snow Camp, NC
Textile Arts Foundation
(February 22, 1994)
Washington, DC
United Cancer Council
(March 25, 1991)
Indianapolis, IN
II. The organizations listed below have timely filed declaratory judgment suits under section 7428 of the Code during 1996.
Protection under section 7428 (c) begins on the date indicated.
Shirley Caesar Outreach Ministries, Inc.
(October 16, 1995)
Durham, NC
Eastern Orthodox Christian Church in America
(November 20, 1995)
New Albany, OH
Music Square Church
(August 5, 1996)
Van Buren, AR
2031996-54 I.R.B.

Saint Ignatius Orthodox Church
(November 20, 1995)
Albany, OH
Saint Nicholas Orthodox Church
(November 20, 1995)
Albany, OH
Southern Legal Defense Foundation
(February 20, 1996)
Raleigh, NC
III. This announcement serves notice to potential donors that a court has determined that the organizations listed below
continue to be described in section 170 (c) (2) of the Internal Revenue Code.
Greater Damascus Baptist ChurchDayton, OH
Philippi Missionary Baptist ChurchDayton, OH
2041996-54 I.R.B.

Announcement of the Disbarment, Suspension, or Consent to Voluntary
Suspension of Attorneys, Certified Public Accountants, Enrolled Agents, and
Enrolled Actuaries From Practice Before the Internal Revenue Service
Under 31 Code of Federal Regula-
tions, Part 10, an attorney, certified pub-
lic accountant, enrolled agent, or en-
rolled actuary, in order to avoid the
institution or conclusion of a proceeding
for his disbarment or suspension from
practice before the Internal Revenue Ser-
vice, may offer his consent to suspension
from such practice. The Director of
Practice, in his discretion, may suspend
an attorney, certified public accountant,
enrolled agent, or enrolled actuary in
accordance with the consent offered.
Attorneys, certified public accoun-
tants, enrolled agents, and enrolled actu-
aries are prohibited in any Internal Rev-
enue Service matter from directly or
indirectly employing, accepting assis-
tance from, being employed by or shar-
ing fees with, any practitioner disbarred
or suspended from practice before the
Internal Revenue Service.
To enable attorneys, certified public
accountants, enrolled agents, and en-
rolled actuaries to identify practitioners
under consent suspension from practice
before the Internal Revenue Service, the
Director of Practice will announce in the
Internal Revenue Bulletin the names and
addresses of practitioners who have
been suspended from such practice, their
designation as attorney, certified public
accountant, enrolled agent, or enrolled
actuary, and date or period of suspen-
sion. This announcement will appear in
the weekly Bulletin at the earliest practi-
cable date after such action and will
continue to appear in the weekly Bulle-
tins for five successive weeks or for as
many weeks as is practicable for each
attorney, certified public accountant, en-
rolled agent, or enrolled actuary so
suspended and will be consolidated and
published in the Cumulative Bulletin.
The following individuals have been
placed under consent suspension from
practice before the Internal Revenue
Service:
NameAddressDesignationDate of Suspension
Sherman, Richard M.Crystal Lake, ILCPAOctober 18, 1996 to July 17, 1997
Hunter, LewisJacksonville, FLCPAOctober 25, 1996 to January 24, 1997
Hisken, DonaldRed Bluff, CACPANovember 1, 1996 to March 31, 1997
Byrne, Steven P.Arcadia, CAAttorneyNovember 1, 1996 to January 31, 1997
Mulrey, Robert M.Milton, MACPANovember 1, 1996 to October 31, 1997
Edwards, Ronald A.Plymouth, MICPANovember 1, 1996 to April 30, 1998
Hart Jr., Charles E.Wilmington, OHAttorneyNovember 1, 1996 to October 31, 1998
Willner, Peter D.Stowe, VTCPANovember 1, 1996 to April 30, 1997
May, GaryMadison, WIAttorneyNovember 1, 1996 to October 31, 1998
Josephson, ElliottNorthbrook, ILCPANovember 1, 1996 to October 31, 1998
Capwill Jr., James A.Solon, OHCPANovember 1, 1996 to February 28, 1997
Hazel, John J.Ridgefield, CTEnrolled AgentNovember 1, 1996 to January 31, 1997
Jacobs, PatrickSt. Paul, MNCPANovember 1, 1996 to December 31, 1996
Lau, WilliamCrete, ILCPANovember 1, 1996 to June 30, 1997
Franklin, Gene L.Lees Summit, MOEnrolled AgentNovember 1, 1996 to January 31, 1997
Winterhalter, Charles L.Cincinnati, OHCPANovember 1, 1996 to April 30, 1998
Cremer, Patricia L.Roundup, MTCPANovember 5, 1996 to May 4, 1997
Gardner, Stephen A.Dallas, TXAttorneyNovember 7, 1996 to May 6, 1999
Masini, DavidWheat Ridge, COCPANovember 12, 1996 to November 11, 1997
Cunningham, MichaelLafayette, INCPANovember 12, 1996 to August 11, 1997
Smith, RobertChicago, ILCPAJanuary 1, 1997 to December 31, 1997
205

Announcement of the Expedited Suspension of Attorneys, Certified Public
Accountants, Enrolled Agents, and Enrolled Actuaries From Practice Before the
Internal Revenue Service
Under title 31 of the Code of Federal
Regulations, section 10.76, the Director
of Practice is authorized to immediately
suspend from practice before the Internal
Revenue Service any practitioner who,
within five years, from the date the
expedited proceeding is instituted, (1)
has had a license to practice as an
attorney, certified public accountant, or
actuary suspended or revoked for cause;
or (2) has been convicted of any crime
under title 26 of the United States Code
or, of a felony under title 18 of the
United States Code involving dishonesty
or breach of trust.
Attorneys, certified public accoun-
tants, enrolled agents, and enrolled actu-
aries are prohibited in any Internal Rev-
enue Service matter from directly or
indirectly employing, accepting assis-
tance from, being employed by, or shar-
ing fees with, any practitioner disbarred
or suspended from practice before the
Internal Revenue Service.
To enable attorneys, certified public
accountants, enrolled agents, and en-
rolled actuaries to identify practitioners
under expedited suspension from prac-
tice before the Internal Revenue Service,
the Director of Practice will announce in
the Internal Revenue Bulletin the names
and addresses of practitioners who have
been suspended from such practice, their
designation as attorney, certified public
accountant, enrolled agent, or enrolled
actuary, and date or period of suspen-
sion. This announcement will appear in
the weekly Bulletin at the earliest practi-
cable date after such action and will
continue to appear in the weekly Bulle-
tins for five successive weeks or for as
many weeks as is practicable for each
attorney, certified public accountant, en-
rolled agent, or enrolled actuary so
suspended and will be consolidated and
published in the Cumulative Bulletin.
The following individuals have been
placed under suspension from practice
before the Internal Revenue Service by
virtue of the expedited proceeding pro-
visions of the applicable regulations:
NameAddressDesignationDate of Suspension
Pacchiana, PaulChappaqua, NYAttorneyIndefinite from October 9, 1996
Rosenberger, David H.Centerville, OHEnrolled AgentIndefinite from October 21, 1996
Gudes, GeraldW. Bloomfield, MICPAIndefinite from October 22, 1996
Donnelly, Richard S.Asheville, NCCPAIndefinite from October 22, 1996
Burrows, William D.Dallas, TXAttorneyIndefinite from November 13, 1996
Klausner, JuliusScarsdale, NYCPAIndefinite from November 13, 1996
Glessner, RandyOmak, WACPAIndefinite from November 13, 1996
Aspland, Frieda R.Greenville, SCCPAIndefinite from November 13, 1996
206

Definition of Terms
Revenue rulings and revenue procedures
(hereinafter referred to as ‘‘rulings’’)
that have an effect on previous rulings
use the following defined terms to de-
scribe the effect:
Amplifieddescribes a situation where
no change is being made in a prior
published position, but the prior position
is being extended to apply to a variation
of the fact situation set forth therein.
Thus, if an earlier ruling held that a
principle applied to A, and the new
ruling holds that the same principle also
applies to B, the earlier ruling is ampli-
fied. (Compare withmodified, below).
Clarifiedis used in those instances
where the language in a prior ruling is
being made clear because the language
has caused, or may cause, some confu-
sion. It is not used where a position in a
prior ruling is being changed.
Distinguisheddescribes a situation
where a ruling mentions a previously
published ruling and points out an es-
sential difference between them.
Modifiedis used where the substance
of a previously published position is
being changed. Thus, if a prior ruling
held that a principle applied to A but not
to B, and the new ruling holds that it
applies to both A and B, the prior ruling
is modified because it corrects a pub-
lished position. (Compare withamplified
andclarified, above).
Obsoleteddescribes a previously pub-
lished ruling that is not considered de-
terminative with respect to future trans-
actions. This term is most commonly
used in a ruling that lists previously
published rulings that are obsoleted be-
cause of changes in law or regulations.
A ruling may also be obsoleted because
the substance has been included in regu-
lations subsequently adopted.
Revokeddescribes situations where
the position in the previously published
ruling is not correct and the correct
position is being stated in the new
ruling.
Supersededdescribes a situation
where the new ruling does nothing more
than restate the substance and situation
of a previously published ruling (or
rulings). Thus, the term is used to
republish under the 1986 Code and
regulations the same position published
under the 1939 Code and regulations.
The term is also used when it is desired
to republish in a single ruling a series of
situations, names, etc., that were previ-
ously published over a period of time in
separate rulings. If the new ruling does
more than restate the substance of a
prior ruling, a combination of terms is
used. For example,modifiedandsuper-
sededdescribes a situation where the
substance of a previously published rul-
ing is being changed in part and is
continued without change in part and it
is desired to restate the valid portion of
the previously published ruling in a new
ruling that is self contained. In this case
the previously published ruling is first
modified and then, as modified, is su-
perseded.
Supplementedis used in situations in
which a list, such as a list of the names
of countries, is published in a ruling and
that list is expanded by adding further
names in subsequent rulings. After the
original ruling has been supplemented
several times, a new ruling may be
published that includes the list in the
original ruling and the additions, and
supersedes all prior rulings in the series.
Suspendedis used in rare situations to
show that the previous published rulings
will not be applied pending some future
action such as the issuance of new or
amended regulations, the outcome of
cases in litigation, or the outcome of a
Service study.
Abbreviations
The following abbreviations in current use and
formerly used will appear in material published in
the Bulletin.
A—Individual.
Acq.—Acquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank.
B.T.A.—Board of Tax Appeals.
C.—Individual.
C.B.—Cumulative Bulletin.
CFR—Code of Federal Regulations.
CI—City.
COOP—Cooperative.
Ct.D.—Court Decision.
CY—County.
D—Decedent.
DC—Dummy Corporation.
DE—Donee.
Del. Order—Delegation Order.
DISC—Domestic International Sales Corporation.
DR—Donor.
E—Estate.
EE—Employee.
E.O.—Executive Order.
ER—Employer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduciary.
FC—Foreign Country.
FICA—Federal Insurance Contribution Act.
FISC—Foreign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Federal Unemployment Tax Act.
FX—Foreign Corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grantee.
GP—General Partner.
GR—Grantor.
IC—Insurance Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited Partner.
LR—Lessor.
M—Minor.
Nonacq.—Nonacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Personal Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Partnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Real Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsidiary.
S.P.R.—Statements of Procedural Rules.
Stat.—Statutes at Large.
T—Target Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Transferee.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpayer.
TR—Trust.
TT—Trustee.
U.S.C.—United States Code.
X—Corporation.
Y—Corporation.
Z—Corporation.
207

Numerical Finding List
1
Bulletins 1996–27 through 1996–53
Announcements:
96–61, 1996–27 I.R.B.72
96–62, 1996–28 I.R.B.55
96–63, 1996–29 I.R.B.18
96–64, 1996–29 I.R.B.18
96–65, 1996–29 I.R.B.18
96–66, 1996–29 I.R.B.19
96–67, 1996–30 I.R.B.27
96–68, 1996–31 I.R.B.45
96–69, 1996–32 I.R.B.38
96–70, 1996–32 I.R.B.40
96–71, 1996–33 I.R.B.16
96–72, 1996–33 I.R.B.16
96–73, 1996–33 I.R.B.18
96–74, 1996–33 I.R.B.19
96–75, 1996–34 I.R.B.29
96–76, 1996–34 I.R.B.29
96–77, 1996–35 I.R.B.15
96–78, 1996–35 I.R.B.15
96–79, 1996–35 I.R.B.15
96–80, 1996–35 I.R.B.16
96–81, 1996–36 I.R.B.13
96–82, 1996–36 I.R.B.14
96–83, 1996–36 I.R.B.14
96–84, 1996–36 I.R.B.14
96–85, 1996–37 I.R.B.20
96–86, 1996–37 I.R.B.21
96–87, 1996–37 I.R.B.21
96–88, 1996–38 I.R.B.150
96–89, 1996–37 I.R.B.22
96–90, 1996–37 I.R.B.22
96–91, 1996–37 I.R.B.23
96–92, 1996–38 I.R.B.151
96–93, 1996–38 I.R.B.151
96–94, 1996–38 I.R.B.153
96–96, 1996–39 I.R.B.41
96–97, 1996–39 I.R.B.41
96–98, 1996–39 I.R.B.42
96–99, 1996–39 I.R.B.42
96–100, 1996–40 I.R.B.10
96–101, 1996–40 I.R.B.10
96–102, 1996–40 I.R.B.11
96–103, 1996–40 I.R.B.12
96–104, 1996–41 I.R.B.10
96–105, 1996–42 I.R.B.19
96–106, 1996–42 I.R.B.23
96–107, 1996–42 I.R.B.27
96–108, 1996–44 I.R.B.15
96–109, 1996–43 I.R.B.76
96–110, 1996–43 I.R.B.77
96–111, 1996–44 I.R.B.16
96–112, 1996–45 I.R.B.7
96–113, 1996–44 I.R.B.18
96–114, 1996–45 I.R.B.7
96–115, 1996–45 I.R.B.9
96–116, 1996–46 I.R.B.12
96–117, 1996–46 I.R.B.12
96–118, 1996–46 I.R.B.12
96–119, 1996–46 I.R.B.13
96–120, 1996–47 I.R.B.12
96–121, 1996–47 I.R.B.12
96–122, 1996–47 I.R.B.13
96–123, 1996–51 I.R.B.13
96–124, 1996–49 I.R.B.22
96–125, 1996–48 I.R.B.21
96–126, 1996–50 I.R.B.12
96–127, 1996–50 I.R.B.12
96–128, 1996–51 I.R.B.14
Announcements—Continued:
96–129, 1996–51 I.R.B.14
96–130, 1996–52 I.R.B.32
96–131, 1996–52 I.R.B.32
96–132, 1996–52 I.R.B.33
96–133, 1996–53 I.R.B.60
96–134, 1996–53 I.R.B.60
96–135, 1996–53 I.R.B.60
Court Decisions:
2058, 1996–34 I.R.B.13
2059, 1996–34 I.R.B.10
2060, 1996–34 I.R.B.5
Delegation Orders:
155 (Rev. 4), 1996–40 I.R.B.9
Notices:
96–36, 1996–27 I.R.B.11
96–37, 1996–31 I.R.B.29
96–38, 1996–31 I.R.B.29
96–39, 1996–32 I.R.B.8
96–40, 1996–33 I.R.B.11
96–41, 1996–35 I.R.B.6
96–42, 1996–35 I.R.B.6
96–43, 1996–36 I.R.B.7
96–44, 1996–36 I.R.B.7
96–45, 1996–39 I.R.B.7
96–46, 1996–39 I.R.B.7
96–47, 1996–39 I.R.B.8
96–48, 1996–39 I.R.B.8
96–49, 1996–41 I.R.B.6
96–50, 1996–41 I.R.B.6
96–51, 1996–42 I.R.B.6
96–52, 1996–42 I.R.B. 8
96–53, 1996–51 I.R.B.5
96–54, 1996–44 I.R.B.13
96–55, 1996–47 I.R.B.7
96–56, 1996–47 I.R.B.7
96–57, 1996–47 I.R.B.9
96–58, 1996–49 I.R.B.7
96–59, 1996–48 I.R.B.10
96–60, 1996–49 I.R.B.7
96–61, 1996–49 I.R.B.8
96–62, 1996–49 I.R.B.8
96–63, 1996–51 I.R.B.8
96–64, 1996–51 I.R.B.8
96–65, 1996–52 I.R.B.28
96–66, 1996–53 I.R.B.12
96–67, 1996–53 I.R.B.12
96–68, 1996–52 I.R.B.30
Proposed Regulations:
CO–9–96, 1996–34 I.R.B.20
CO–24–96, 1996–30 I.R.B.22
CO–25–96, 1996–31 I.R.B.30
CO–26–96, 1996–31 I.R.B.31
FI–59–94, 1996–30 I.R.B.23
FI–32–95, 1996–34 I.R.B.21
FI–48–95, 1996–31 I.R.B.36
FI–28–96, 1996–31, I.R.B.33
GL–7–96, 1996–33 I.R.B.13
IA–292–84, 1996–28 I.R.B.38
IA–26–94, 1996–30 I.R.B.24
IA–42–95, 1996–49 I.R.B.21
IA–29–96, 1996–33 I.R.B.14
INTL–4–95, 1996–36 I.R.B.8
PS–39–93, 1996–34 I.R.B.27
PS–22–96, 1996–33 I.R.B.15
REG–208215–91, 1996–38 I.R.B.145
REG–209803–95, 1996–44 I.R.B.14
REG–209826–96, 1996–42 I.R.B.10
Proposed Regulations—Continued
REG–209827–96, 1996–37 I.R.B.19
REG–245562–96, 1996–41 I.R.B.8
REG–251520–96, 1996–48 I.R.B.15
Public Laws:
104–117, 1996–34 I.R.B.19
104–134, 1996–38 I.R.B.7
104–168, 1996–38 I.R.B.8
104–191, 1996–43 I.R.B.7
104–193, 1996–46 I.R.B.4
Railroad Retirement Quarterly Rate
1996–29 I.R.B.14
1996–53 I.R.B.9
Revenue Procedures:
96–36, 1996–27 I.R.B.11
96–37, 1996–29 I.R.B.16
96–38, 1996–53 I.R.B.13
96–39, 1996–33 I.R.B.11
96–40, 1996–32 I.R.B.8
96–41, 1996–32 I.R.B.9
96–42, 1996–32 I.R.B.14
96–43, 1996–35 I.R.B.6
96–44, 1996–35 I.R.B.7
96–45, 1996–35 I.R.B.12
96–46, 1996–38 I.R.B.144
96–47, 1996–39 I.R.B.10
96–48, 1996–39 I.R.B.10
96–49, 1996–43 I.R.B.74
96–50, 1996–47 I.R.B.10
96–51, 1996–47 I.R.B.10
96–52, 1996–48 I.R.B.10
96–53, 1996–49 I.R.B.9
96–54, 1996–50 I.R.B.9
96–55, 1996–50 I.R.B.10
96–56, 1996–51 I.R.B.11
96–57, 1996–53 I.R.B.14
96–58, 1996–53 I.R.B.16
96–59, 1996–53 I.R.B.17
96–60, 1996–53 I.R.B.24
96–61, 1996–53 I.R.B.27
96–62, 1996–53 I.R.B.38
96–63, 1996–53 I.R.B.46
96–64, 1996–53 I.R.B.52
Revenue Rulings:
96–33, 1996–27 I.R.B.4
96–34, 1996–28 I.R.B.4
96–35, 1996–31 I.R.B.4
96–36, 1996–30 I.R.B.6
96–37, 1996–32 I.R.B.4
96–38, 1996–33 I.R.B.4
96–39, 1996–34 I.R.B.4
96–41, 1996–45 I.R.B.4
96–42, 1996–35 I.R.B.4
96–43, 1996–36 I.R.B.4
96–44, 1996–38 I.R.B.4
96–45, 1996–39 I.R.B.5
96–46, 1996–39 I.R.B.5
96–47, 1996–40 I.R.B.7
96–48, 1996–40 I.R.B.4
96–49, 1996–41 I.R.B.4
96–50, 1996–42 I.R.B.4
96–51, 1996–43 I.R.B.5
96–52, 1996–45 I.R.B.5
96–53, 1996–47 I.R.B.4
96–54. 1996–47 I.R.B.5
96–55, 1996–49 I.R.B.4
96–56, 1996–50 I.R.B.7
96–57, 1996–50 I.R.B.5
See footnote at end of list.
208

Numerical Finding List—Continued
Bulletins 1996–27 through 1996–53
Revenue Rulings—Continued
96–58, 1996–50 I.R.B.4
96–59, 1996–50 I.R.B.4
96–60, 1996–51 I.R.B.4
96–61, 1996–52 I.R.B.24
96–62, 1996–53 I.R.B.6
96–63, 1996–53 I.R.B.8
96–64, 1996–53 I.R.B.11
96–65, 1996–53 I.R.B.5
Social Security Contributions & Benefit
1996–53 I.R.B.59
Tax Conventions:
1996–28 I.R.B. 36
1996–36 I.R.B.6
1996–40 I.R.B.8
1996–50 I.R.B.8
Treasury Decisions:
8673, 1996–27 I.R.B.4
8674, 1996–28 I.R.B.7
8675, 1996–29 I.R.B.5
8676, 1996–30 I.R.B.4
8677, 1996–30 I.R.B.7
8678, 1996–31 I.R.B.11
8679, 1996–31 I.R.B.4
8680, 1996–33 I.R.B.5
8681, 1996–37 I.R.B.17
8682, 1996–37 I.R.B.4
8683, 1996–44 I.R.B.9
8684, 1996–44 I.R.B.4
8685, 1996–48 I.R.B. 4
8686, 1996–52 I.R.B.14
8687, 1996–52 I.R.B.4
1
A cumulative list of all Revenue Rulings, Rev-
enue Procedures, Treasury Decisions, etc., pub-
lished in Internal Revenue Bulletins 1996–1
through 1996–26 will be found in Internal Rev-
enue Bulletin 1996–27, dated July 1, 1996.
209

Finding List of Current Action on
Previously Published Items
1
Bulletins 1996–27 through 1996–53
*Denotes entry since last publication
Notices:
95–45
Superseded by
Rev. Rul. 96–65, 1996–53 I.R.B.5
Revenue Procedures:
67–396
Modified by
96–56, 1996–50 I.R.B.7
80–27
Modified by
96–40, 1996–32 I.R.B.8
84–77
Modified and superseded by
96–60, 1996–53 I.R.B.24
87–32
Modified by
TD 8680, 1996–33 I.R.B.5
91–22
Superseded by
96–53, 1996–49 I.R.B.9
92–20
Modified by
TD 8680, 1996–33 I.R.B.5
95–16
Superseded by
96–48, 1996–39 I.R.B.10
95–29
Superseded by
96–36, 1996–27 I.R.B.11
95–29A
Superseded by
96–36, 1996–27 I.R.B.11
95–30
Superseded by
96–42, 1996–32 I.R.B.14
95–46
Superseded by
96–48, 1996–39 I.R.B.10
95–54
Superseded by
96–63, 1996–53 I.R.B.46
96–3
Amplified by
96–56, 1996–51 I.R.B.11
Modified by
Rev. Rul. 96–65, 1996–53 I.R.B.5
96–25
Modified by
96–58, 1996–50 I.R.B.4
96–28
Superseded by
96–64, 1996–53 I.R.B.52
Revenue Procedures—Continued
96–41
Modified by
Notice 96–49, 1996–41 I.R.B.6
96–46
Supplemented by
96–51, 1996–47 I.R.B.10
Revenue Rulings:
72–341
Obsoleted by
96–65, 1996–53 I.R.B.5
93–88
Obsoleted by
96–65, 1996–53 I.R.B.5
94–92
Obsoleted by
96–65, 1996–53 I.R.B.5
96–4
Supplemented and superseded by
96–63, 1996–53 I.R.B.8
96–5
Supplemented and superseded by
96–64, 1996–53 I.R.B.8
1
A cumulative finding list for previously published
items mentioned in Internal Revenue Bulletins
1996–1 through 1996–26 will be found in Internal
Revenue Bulletin 1996–27, dated July 1, 1996.
210

Index
Internal Revenue Bulletins 1996–27
Through 1996–53
For index of items published during
the first six months of 1996, see
I.R.B. 1996–27, dated July 1, 1996.
The abbreviation and number in pa-
renthesis following the index entry
refer to the specific item; numbers in
roman and italic type following the
parenthesis refer to the Internal Rev-
enue Bulletin in which the item may
be found and the page number on
which it appears.
Key to Abbreviations:
RRRevenue Ruling
RPRevenue Procedure
TDTreasury Decision
CDCourt Decision
PLPublic Law
EOExecutive Order
DODelegation Order
TDO Treasury Department Order
TCTax Convention
SPR Statement of Procedural
Rules
PTEProhibited Transaction
Exemption
EMPLOYMENT TAXES
Automatic extensions for Forms W–2
(RP 57) 53,14
Levy:
Table, exempt from levy on wages,
salary, and other income (Notice
56) 47,7
Modification of RP 84–77 (RP 60) 53,
24
Proposed regulations:
26 CFR 301.9100–1T—301.9100–3T
and intermediary sections, added;
extensions of time to make elec-
tions (IA–29–96) 33,14
Railroad retirement:
Rate determination, quarterly (July 1,
1996) 29,14; (October 1, 1996 and
January 1, 1997) 53,9
Regulations:
26 CFR 301.9100–1T—301.9100–3T
and intermediary sections, added;
extensions of time to make elec-
tions (TD 8680) 33,5
Social security contribution and benefit
base (1997) 53,59
ESTATE AND GIFT TAX
ADMINISTRATIVE
Gift of checks (RR 56) 50,7
Proposed regulations:
26 CFR 20.2041–3, 20.2056(d)–2,
25.2511–1, 25.2514–3, 25.2518–1,
–2, amended; 20.2041–3, added;
disclaimer of interests and powers
(REG–208215–91) 38,145
Proposed regulations—Continued
26 CFR 301.9100–1T—301.9100–3T
and intermediary sections, added;
extensions of time to make elec-
tions (IA–29–96) 33,14
ESTATE TAX
Proposed regulations:
26 CFR 20.2041–3(d)(6)(i), amend-
ed; 20.2041–3(d)(6)(iii), added;
20.2056(d)–2, amended; disclaimer
of interests and powers (REG–
208215–91) 38,145
Qualified domestic trust (RP 54) 50,9
Regulations:
26 CFR 301.9100–1T—301.9100–3T
and intermediary sections, added;
extensions of time to make elec-
tions (TD 8680) 33,5
26 CFR 20.2056A–0, revised;
20.2056A–2(d), added; 20.2056A–
2T, removed; qualified domestic
trusts; requirements to ensure estate
tax collection (TD 8686) 52,14
EXCISE TAXES
Exempt organizations:
Excess benefit transactions engaged in
(Notice 46) 39,7
Foreign insurance taxes (Ct.D 2060) 34,5
Proposed regulations:
26 CFR 2652–1, amended; genera-
tion-skipping transfer tax (PS–22–
96) 33,15
Regulations:
26 CFR 40.6011(a)–1, –2(b)(2),
40.6302(c)–1, –2, –3, –4, 40.9999–
1, 48.4082–2(a), 48.4083–1,
48.6715(a); amended; Subpart F of
49.4291–1, added; 40.6302(c)–5T,
48.6427–7, 301.6156–1, 301.6206–1,
301.6415–1—6421–1 and intermed-
iary sections, 301.6423–1, 301.6675–
1, removed; 48.6714–1, redesig-
nated, excise tax deposits (TD 8685)
48,4
GIFT TAX
Gift of checks (RR 56) 50,7
Proposed regulations:
26 CFR 25.2511–1, 25.2514–3,
25.2518–1, –2, amended; disclaim-
er of interests and powers (REG–
208215–91) 38,145
INCOME TAX
Accounting methods (Notice 40) 33,11
Advance pricing agreement (RP 53) 49,
9
Bankruptcy; validity of liens (Ct.D
2059) 34,10
Base period T-bill rate for 1996 (RR 55)
49,4
Bonds:
Qualified mortgage bonds:
Mortgage credit certificates:
National median gross income
(RP 37) 29,16
Claiming a refund, U.S. v. IBM (Notice
37) 31,29
Cost-of-living adjustments, 1997 (RP
59) 53,17
Covered compensation tables; 1997 (RR
53) 47,4
CPI adjustment for below-market loans
for 1997 (RR 64) 53,11
Credits against tax:
Low-income housing (RP 46) 38,
144; (RP 51) 47,10
Satisfactory bond, ‘‘bond factor’’
amounts for the period July through
September 1996 (RR 45) 39,5;
October—December 1996 (RR 59)
50,4
Damages for personal injuries or sick-
ness (65) 53,5
Educational assistance after termination
of employment (RR 41) 45,4
Educational assistance program, section
127 (Notice 68) 52,30
Electronic filing program for Form 1040
series, 1997 (RP 61) 53,27
Employees attaining age 70 1/2 in 1996
(Notice 67) 53,12
Employee plans:
Funding:
Full funding limitations, weighted
average interest rate, June 1996
(Notice 36) 27,11; July 1996
(Notice 38) 31,29; August 1996,
(Notice 43) 36,7; September
1996 (Notice 45) 39,7; October
1996 (Notice 54) 44,13; Novem-
ber 1996 (Notice 59) 48,10;
December 1996 (Notice 66) 53,
12
211

INCOME TAX—Continued
Employee plans—Continued
Limit on contributions and benefits;
cost-of-living adjustments (Notice
55) 47,7
Nondiscrimination and coverage,
rollover (RR 48) 40,4
Participant consent, significant detri-
ment (RR 47) 40,7
Qualification (RP 55) 50,10
Requests for comments on proposed
guidance for section 457 plans (No-
tice 63) 51,8
Section 414(u); retirement plans;
model amendments (RP 49) 43,74
Tax-sheltered annuities; correction
program; extension (RP 50) 47,10
Exempt organizations:
Group letter exemption (RP 40) 32,8
Private inurement expressly prohibited
(Notice 47) 39,8
Information returns, copies to the
public and increases to certain pen-
alties (Notice 48) 39,8
Forms:
Paper substitutes, Forms 1096, 1098,
1099 series, 5498, and W–2G (RP
42) 32,14
Substitute printed, computer-prepared,
and computer-generated tax forms
and schedules (RP 48) 39,8
Fringe benefits aircraft valuation for-
mula (RR 58) 50,4
Governmental plans (Notice 64) 51,8
Guidance for acceptance agent program
(RP 52) 48,10
Health Insurance Portability and Ac-
countability Act of 1996 (P.L. 104–
191) 43,7
Income:
Controlled foreign corporation, part-
nership, subpart F income (Notice
39) 32,8
Indian tribal casinos, information report-
ing (Notice 57) 47,9
Inflation-adjusted numbers for 1997 (RR
63) 53,8
Inflation adjustment factor for 1996
(Notice 41) 35,6
Inflation-indexed debt instruments (No-
tice 51) 42,6
Information reporting:
Discharge of indebtedness (Notice 61)
49,8
Insurance companies:
Differential earnings rate (RR 42) 35,
4
Loss reserves, discounting unpaid
losses (RP 44) 35,7
Discounting estimated salvage recov-
erable (RP 45) 35,12
INCOME TAX—Continued
Interest:
Investment:
Federal short-term, mid-term, and
long-term rates, July 1996 (RR
34) 28,4; August 1996 (RR 37)
32,4; September 1996 (RR 43)
36,4; October 1996 (RR 49) 41,
4; November 1996 (RR 52) 45,
5; December 1996 (RR 57) 50,5
Rates, underpayments and overpay-
ments beginning October 1, 1996
(RR 44) 38,4; (RP 61) 52,24
Inventories:
LIFO:
Price indexes, department stores,
May 1996 (RR 36) 30,6; June
1996 (RR 39) 34,4; July 1996
(RR 46) 39,5; August 1996 (RR
50) 42,4; September 1996 (RR
54) 47,5; October 1996 (RR 60)
51,4
Low income housing credit:
Bond factor amounts, April–June
1996 (RR 33) 27,4
FEMA (RR 35) 31,4
Marginal production rates for 1996 (No-
tice 42) 35,6
Medical savings accounts (Notice 53)
51,5
Offers in compromise; substitute Forms
656 (RP 38) 53,13
Omnibus Consolidated Recissions and
Appropriations Act of 1996 (PL 104–
134) 38,7
On-line filing program for Form 1040
series, 1997 (RP 62) 53,38
Optional standard mileage rates, 1997
(RP 63) 53,46
Penalty provisions, filing requirements
(Notice 60) 49,7
Per diem allowances (RP 64) 53,52
Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996
(PL 104–193) 46,4
Pooled income fund; community trust;
maintenance requirement (RR 38) 33,
4
Proposed regulations:
26 CFR 1.61–8(b), revised; 1.451–
1(g), added; 1.467–1, amended;
1.467–4, amended; 1.467–0 through
–8, added; rental agreements (IA–
292–84) 28,38
26 CFR 1.61–12(c), 1.163–7(c),
1.171–1—1.171–4, 1.1016–5(b), re-
vised; 1.163–13, 1.171–5, added;
1.1016–9, removed; amortizable
bond premium (FI–48–95) 31,36
INCOME TAX—Continued
Proposed regulations—Continued
26 CFR 1.148–5(d)(6)(iv)—(viii) and
intermediary sections; 1.148–
5(e)(2)(iv), added; arbitrage restric-
tions on tax-exempt bonds (FI–28–
96) 31,33
26 CFR 1.166–3(a)(3), added; bad
debts modifications and dealer as-
signments of notional principal
contracts (FI–59–94) 30,23
26 CFR 1.280B–1, added; structure,
definition (PS–39–93) 34,27
26 CFR 1.367(e)–1, 1.6038B–
1(b)(2)(i); section 355 distributions
of stock and securities by domestic
corporations to foreign persons
(REG–209827–96) 37,19
26 CFR 1.382–5, –8, added; 1.382–
2(a)(1)(iv), revised; consolidated re-
turns, short taxable years for con-
trolled groups (CO–26–96) 31,31
26 CFR 1.401(a)(31)–1; 1.402(c)–2,
amended; relief from disqualifica-
tion of plans accepting rollovers
(REG–245562–96) 41,8
26 CFR 1.475(b)–1, –2, –4, 1.475-
(c)–1, –2, 1.475(e)–1, revised;
mark-to-market equity interests in
related parties and dealer-customer
relationship (FI–32–95) 34,21
26 CFR 1.671–1(g), (h), 1.671–2(f),
1.1297–4, added; application of the
grantor trust rules to nonexempt
employees’ trusts (REG–209826–
96) 42,10
26 CFR 1.861–8(e)(7)(iii), 1.865–1,
–2, 1.904–4(c)(2)(ii)(A) and (B),
added; 1.904–0, amended; stock
disposition loss allocation (INTL–
4–95) 36,8
26 CFR 1.861–18, added; classifica-
tion of certain transactions involv-
ing computer programs (REG
251520–96) 48,15
26 CFR 1.1059(e)–1, added; extraor-
dinary dividends; distributions to
corporate shareholders (CO–9–96)
34,20
26 CFR 1.1202–0, –2, added; quali-
fied small business stock (IA–26–
94) 30,24
26 CFR 1.1502–15, –21, –22, –23,
added; consolidated returns, limita-
tions on the use of certain losses
and deductions (CO–24–96) 30,22
26 CFR 1.1502–90T—1.1502–99T
and intermediary sections, added;
consolidated group, net operating
loss carryforwards and built-in
losses and credits following owner-
ship change, limitation (CO–25–96)
31,30
212

INCOME TAX—Continued
Proposed regulations—Continued
26 CFR 1.6045–1, –2, 301.6011–2,
revised; magnetic media filing re-
quirements for information returns
(REG–209803–95) 44,14
26 CFR 1.6662–0, –3, amended;
1.6662–4(d)(2), –7(d), revised;
1.6664–0, amended; definition of
reasonable basis (IA–42–95) 49,21
26 CFR 301.9100–1T—301.9100–3T
and intermediary sections, added;
extensions of time to make elec-
tions (IA–29–96) 33,14
Qualified State Tuition Program (Notice
58) 49,7
Recommendation letters for nonsuit
settlements (Del. Order 155, Rev. 4)
40,9
Refund claims; Tax Court; return not
filed (Ct.D. 2058) 34,13
Regulated investment companies, prefer-
ential dividends (RP 47) 39,10
Regulations:
26 CFR 1.110–3, added; debt instru-
ments modifications (TD 8675) 29,
5
26 CFR 1.163–7(a), added; 1.446–4,
amended; 1.483–2T, removed;
1.483–4, added; 1.1001–1, revised;
1.1012–1(g), revised; 1.1271–0(b),
amended; 1.1272–1(c)(7), added;
1.1274–2(g), revised; 1.1274–2(i)
and (j), added; 1.1275–2(g), (h), (i),
(j), added; 1.1275–2T, removed;
1.1275–4, added; 1.1275–5(a)(5),
(6), added; 1.1275–5(c)(1), (5), re-
vised; 1.1275–6, added; debt instru-
ments with original issue discount,
contingent payments, anti-abuse
rule (TD 8674) 28,7
26 CFR 1.166–3T, 1.1001–4T, added;
bad debts modifications and dealer
assignments of notional principal
contracts (TD 8676) 30,4
INCOME TAX—Continued
Proposed regulations—Continued
26 CFR 1.367(e)–0; 1.367(e)–1, re-
moved; 1.367(e)–0T, –1T, added;
section 355 distributions of stock
and securities by domestic corpora-
tions to foreign persons (TD 8682)
37,4
26 CFR 1.382–5T, –8T, –2T(f)(1)(i)—
(iii) and intermediary sections,
added; 1.382–2, –2T, removed;
consolidated groups, short taxable
years for controlled groups (TD
8679) 31,4
26 CFR 1.863–0, –1(e), –3, added;
1.863–1(a), (b), (c), –2, –4, revised;
1.863–5, removed; source of in-
come from sales of inventory and
natural resources produced in one
jurisdiction and sold in another ju-
risdiction (TD 8687) 52,4
26 CFR 1.1254–2(d)(1)(ii), –3(b)(1)(i)
and (ii), –3(d)(1)(i) and (ii), re-
vised; 1.1254–4, –6, amended;
treatment of gain from disposition
of interest in certain natural re-
source recapture property by S
corps and their shareholders (TD
8684) 44,4
26 CFR 1.1394–0, –1, added;
enterprize zone facility bonds (TD
8673) 27,4
26 CFR 1.1502–0, –1, –2, –11, –21A,
–22A, –23A, –41A, revised; 1.1502–
15, –21, redesignated, 1.1502–21T,
–23T, –79A, added; 1.1502–79,
amended; consolidated returns, limi-
tations on the use of certain losses
and deductions (TD 8677) 30,7
26 CFR 1.1502–90T through –99T and
intermediary sections, added; con-
solidated groups, net operating loss
carryforwards and built-in losses and
credits following ownership change,
limitations (TD 8678) 31,11
INCOME TAX—Continued
Proposed regulations—Continued
26 CFR 1.6045–1(q), –2, amended;
1.6045–1T, –2T, 301.6011–2T,
added; magnetic media filing re-
quirements for information returns
(TD 8683) 44,9
26 CFR 301.6355–1, amended; sale
of seized property (GL–7–96) 33,
13
26 CFR 301.7503–1, amended; time
for performance of acts where last
day falls on Saturday, Sunday, or
legal holiday (TD 8681) 37,17
26 CFR 301.9100–1T—301.9100–3T
and intermediary sections, added;
extensions of time to make elec-
tions (TD 8680) 33,5
Returns:
Magnetic media reporting, Forms
1098, 1099, 5498, and W–2G (RP
36) 27,11
Section 355 de minimis limitation (RP
43) 35,6
Section 355 No Rule (RP 39) 33,11
Section 457 ‘‘no rule’’ rev. proc. (RP
56) 51,11
Statements required by brokers; correc-
tion (Notice 50) 41,6
Substitute Forms 1099; logos (Notice
62) 49,8
Tax benefits for individuals performing
services in certain hazardous duty
areas (PL 104–117) 34,19
Tax conventions:
Fiji 40,8
Jordan, 50,8
Russia 36,6
Taxes, accrual of deduction (RR 51)
43,5
Tax-exempt bonds; arbitrage (RR 41)
32,9; (Notice 49) 41,6
Tax treatment of partnership items cor-
rection (Notice 44) 36,7
Taxpayer Bill of Rights 2 (PL 104–168)
38,8
Training costs; business expenses (RR
62) 53,6
Trust treatment, domestic or foreign by
PL 104–188 (Notice 65) 52,28
Work opportunity tax credit (Notice 52)
42,8
213