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IRS Expands Section 355 Ruling Practice

By Kevin Spencer, John Robert & McDermott Will & Emery on October 6, 2017
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On September 21, the Internal Revenue Service (IRS) released Revenue Procedure 2017-52 which introduces an 18 month pilot program expanding the scope of the IRS’s ruling practice with respect to distributions under Internal Revenue Code (Code) Section 355. Prior to Revenue Procedure 2017-52, the IRS had determined that it would not issue letter rulings on whether a distribution qualified for tax-free treatment under Code Section 355. See Revenue Procedure 2013-32. Instead, the IRS had limited its rulings under Code Section 355 to merely addressing “significant issues.” Id. Now, with the introduction of Revenue Procedure 2017-52, a taxpayer may obtain a “transactional ruling” that specifically addresses the general federal income tax consequences of a transaction intended to qualify as tax-free under Section 355.

Practice Point: A letter ruling is an excellent way for taxpayers to gain certainty with respect to a Section 355 transaction and to head off potential controversy with the IRS.

Photo of Kevin Spencer Kevin Spencer

Kevin Spencer focuses his practice on tax controversy issues. Kevin represents clients in complicated tax disputes in court and before the Internal Revenue Service (IRS) at the IRS Appeals and Examination divisions. In addition to his tax controversy practice, Kevin has broad experience…

Kevin Spencer focuses his practice on tax controversy issues. Kevin represents clients in complicated tax disputes in court and before the Internal Revenue Service (IRS) at the IRS Appeals and Examination divisions. In addition to his tax controversy practice, Kevin has broad experience advising clients on various tax issues, including tax accounting, employment and reasonable compensation, civil and criminal tax penalties, IRS procedures, reportable transactions and tax shelters, renewable energy, state and local tax, and private client matters. After earning his Master of Tax degree, Kevin had the privilege to clerk for the Honorable Robert P. Ruwe on the US Tax Court. Read Kevin Spencer’s full bio.

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Photo of John Robert John Robert

John Robert focuses his practice on US and international tax. Read John Robert’s full bio.

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  • Posted in:
    Tax
  • Blog:
    Tax Controversy 360
  • Organization:
    McDermott Will & Emery
  • Article: View Original Source

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