Section 6110 thus represented Congress's bid to remove the Service's written determinations from FOIA jurisdiction, (38) at least partly in order to answer "significant additional questions raised since [Tax Analysts and Fruehauf]." (39) These issues included the provision of safeguards to prevent the disclosure of identity of recipients of rulings, but the House report also cites the question of "whether private rulings
should be available as 'precedent' for other taxpayers." (40) It therefore appears that the concern spurring the enactment of section 6110(k)(3)--the desire to restrict the precedential value of written determinations--was a key motivating force behind section 6110.
It is unclear whether the private ruling
process could fill these inevitable gaps because of the exclusive nature of the qualifying income list provided in the Proposed Regulations.
involve the application of the law to the taxpayer's specific facts; hence, they are not designed to serve as general guidance.
The attack has been in the form of private rulings
Until the IRS has considered and made public pronouncements of its positions, practitioners are having to rely upon analogous rules for partnerships and private rulings
Although TAMs,are private rulings
issued by the IRS to provide guidance on a specific tax issue relating solely to a particular taxpayer, they nevertheless provide a basis for analysis and discussion of the issue--in this case, determining whether environmental remediation (cleanup) expenses can be deducted or must be capitalized.
Environmental Compliance Update from High Tech Publishing identifies and analyzes the issues and business impact of environmental compliance law, monitoring changes due to legislation, court decisions, private rulings
, and new technology.
Lastly, numerous private rulings
regarding corporate and shareholder eligibility will be discussed.
Well, litigators hate to lose cases, and during my 5 years at Justice some of my colleagues suggested that the IRS should just stop issuing private rulings
. You could understand the "that will show them" attitude, perhaps, but it would certainly not be an example of good tax administration.
As a result, practitioners have had to rely on a relatively limited (and occasionally conflicting) number of published and private rulings
in this area.
There is a natural sensitivity to situations involving a controlling shareholder, and the IRS would not issue private rulings
in that case.
Cohen said limitations placed on the areas for which the IRS will issue private rulings
, including consolidated returns and corporation reorganization under Internal Revenue Code section 355, have freed up resources that can be concentrated on issuing regulations and rulings for areas that have no clear guidance.