In those instances, particularly if adverse tax consequences could result in a significant tax liability, the taxpayer should consider requesting a private letter ruling
from the Internal Revenue Service.
Moreover, the IRS has issued numerous private letter rulings
concluding that the activities of quasi-governmental economic development entities constitute "essential governmental functions." Although private letter rulings
are only binding for the recipient taxpayer, they can illustrate how the IRS would analyze similar facts.
(49) Shortly after the doctrine's codification, however, the Service stated that it does not intend to issue guidance regarding the types of transaction to which the Economic Substance Doctrine either applies or does not apply, and that it will not issue private letter rulings
or determination letters regarding whether a transaction complies with the doctrine.
A major difference between the two rulings is that in Private Letter Ruling
201245004 the spouse would still receive beneficial enjoyment from the IRA after the disclaimer.
Therefore, a foreign shipping company that is trying to determine if its income will be considered incidental to the international operation of ships and thus, qualify for a section 883 exemption may have to rely on private letter rulings
that could ultimately be revoked or modified.
A taxpayer contemplating a complex transaction with uncertain effects on tax liability can request a Private Letter Ruling
from the IRS.
The number of private letter rulings
was relatively low in the 1980s and since then has significantly decreased, from 5,782 in 1981 to 1,436 in 2007.
The private letter rulings
deal with the effects of IRS gift tax rules on trusts that use trust beneficiary committees to direct trust distributions, officials say.
In General Counsel Memorandum 39862, the IRS reviewed three private letter rulings
that had approved specific hospital-physician joint ventures involving the sale of part of hospitals' revenue streams to physician participants.
The appendices contain IRS Publication 590 and tables of private letter rulings
, Internal Revenue Code and Treasury regulations and rulings, DOL opinion letters, and cases.
The IRS also has never issued any private letter rulings
or other legal memoranda discussing or applying Rev.
2003-48 (IRB 2003-29, 7/21/03) announced a plan to provide more published guidance and fewer private letter rulings
(PLRs) under Sec.