Legal advice issued by field attorneys: 2003-2004

These documents are prepared by field attorneys in the Office of Chief Counsel, reviewed by an Associate Office, and subsequently issued to field or service center campus employees of the Internal Revenue Service.

Note: These items cannot be used or cited as precedent.

2004

• 20044103F — Whether a manufacturer using the Inventory Price Index Computation inventory method may properly determine its gross profit margin (to convert its selected BLS indexes to cost price indexes) using data from a selected month rather than data from the entire year (UILC 472.09-00) PDF
• 20044102F — Has a taxpayer engaged in a valid purchase of replacement property — as described in I.R.C. § 1033(a)(2)(A) — for an involuntarily converted timber cutting contract with the U.S. Forest Service (UILC 1033.00-00) PDF
• 20044101F — Is a pipeline that is part of a crude oil gathering system of like-kind — within the meaning of I.R.C. § 1031(a) — to property for which it was exchanged (UILCs 1031.01-00 and 1031.02-00) PDF
• 20043103F — Whether the permissible variation of the simplified resale method — set forth in Treas. Reg. § 1.263A-3(d)(3)(iii)(B) — requires annual increases to the total cumulative amounts of storage and handling costs capitalized to existing LIFO layers (UILCs 263A.04-00 — 472.08-00) PDF
• 20043102F — Compliance with Placed-in-Service and Written Binding Contract Rules (UILC 9999.98-00) PDF
• 20043101F — Failure to timely file annual certifications and waivers in connection with a gain recognition agreement (UILCs 367.03-14 — 6038B.03-00) PDF
• 20042903F — Mobile Machinery Exception to Definition of Highway Vehicle (UILC 4041.04-02) PDF
• 20042902F — A challenge in state probate court of a final Tax Court decision which provides that a spouse is relieved from joint and several liability for income taxes (UILC 9999.98-00) PDF
• 20042901F — The manner in which taxpayers recompute their federal tax liability following the carryback of a NOL that is not fully absorbed in the carryback year (UILC 172.00-00) PDF
• 20042308F — Valuation of a greater-than-10-percent corporate partnership for purposes of apportioning a partner's interest expense incurred outside of the partnership (UILC 861.09-00) PDF
• 20042307F — A determination of whether or not the taxpayers were responsible for taxes and a civil penalty owed by their partnership PDF
• 20042306F — Evaluation of taxpayers' compliance with placed-in-service and written binding contract requirements PDF
• 20042305F — A determination of whether or not the transaction at issue gave rise to a currently taxable event under I.R.C. § 1259 and Rev. Rul. 2003-7 PDF
• 20042304F — The proper treatment of a sales discount in the context described therein PDF
• 20042303F — Issues relating to the ownership of a depreciable interest (UILC 167.15-00) and the limitations on casualty and theft losses of individuals (UILC 165.04-00) PDF
• 20042302F — Timing of loss for expenditures to provide payphone access to disabled individuals PDF
• 20042301F — Extraterritorial income exclusion PDF
• 20040303F — Computation of tax where taxpayer makes payment to settle pending lawsuits (I.R.C. § 1341) PDF
• 20040302F — Treatment of investigatory expenses incurred in starting up a business (I.R.C. § 195) PDF
• 20040301F — Treatment of advances as a preferred class of equity in the context of a complete liquidation of a subsidiary (I.R.C. § 332) PDF

2003

• 20032902F — Deductibility of compensation expenses attributable to stock options awarded to expatriate employees; I.R.C. § 83 and 162 PDF
• 20032901F — Allocation of the I.R.C. § 6707 penalty among co-promoters PDF
• 20032601F — I.R.C. § 6694 Penalty; U.I.L. Nos. 6694.01-00 and 6694.02-00 PDF
• 20032401F — Foreign Tax Credit Implications in Ownership-FSC Transactions PDF
• 20031901F — TEFRA statute of limitations for assessments of tax with respect to partnership adjustments PDF
• 20031501F — Deductibility of Insurance Premiums; Premiums as Constructive Dividends to Insured/Other Shareholders; Deferred Compensation or Dividends/Sale of Stock/Installment Redemption PDF