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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 United States Treasury? See section 9.02(14) and Rev. Proc. 2003–8,
page 236, this Bulletin, for the correct amount and additional information on user fees.
26. Are you submitting your request in duplicate if necessary? See section 9.02(15).
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

Yes No N/A
Pages

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

Yes No N/A
Page

31. If you want your letter ruling request to be processed ahead of the regular order or by a
specific date, have you requested expedited handling in the form required by section 9.03(3)
and stated a compelling need for such action in the request?
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).
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
Page

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. 2003–4, have you complied with all of the
requirements of the applicable revenue procedure?
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
Page

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.

Signature

Title or authority

Date

Typed or printed name of person signing checklist

26 CFR 601.201: Rulings and determination letters.

Rev. Proc. 2003-5

TABLE OF CONTENTS

SECTION 1. WHAT IS THE PURPOSE OF THIS REVENUE PROCEDURE? ..

166

SECTION 2. WHAT CHANGES HAVE BEEN MADE TO REV. PROC. 2002–5? .....

.

166

SECTION 3. WHAT IS TECHNICAL ADVICE? .......

166

SECTION 4. ON WHAT ISSUES MAY OR MUST TECHNICAL ADVICE BE REQUESTED UNDER THIS

PROCEDURE? .......... .01 Issues under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division .02 Farmers' cooperatives .. .03 Basis for requesting technical advice .04 Areas of mandatory technical advice .05 Special procedures for certain conversions

... 167

167 167 167

167 .... 167

SECTION 5. ON WHAT ISSUES MUST TECHNICAL ADVICE BE REQUESTED UNDER
DIFFERENT PROCEDURES?...

.... 168 .01 Matters (other than farmers' cooperatives) under the jurisdiction of the Associate Chief Counsel (Corporate), the

Associate Chief Counsel (Financial Institutions & Products), the Associate Chief Counsel (Income Tax & Accounting), the Associate Chief Counsel (International), the Associate Chief Counsel (Passthroughs & Special Industries), the Associate Chief Counsel (Procedure & Administration), and the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities)

.... 168 .02 Alcohol, tobacco, and firearms taxes

168 .03 Excise taxes ...

168

SECTION 6. MAY TECHNICAL ADVICE BE REQUESTED FOR A § 301.9100-1 REQUEST DURING THE
COURSE OF AN EXAMINATION?

168 .01 A § 301.9100—1 request is a letter ruling request..

168 .02 Statute of limitations ...

.... 168 .03 Address to send a § 301.9100–1 request.......

169 .04 If the return is being examined or considered by an appeals office or a federal court, the taxpayer must notify Em

ployee Plans Technical or Exempt Organizations Technical who will notify the Employee Plans Examinations Area manager or the Exempt Organizations Examinations Area manager, the appeals office or government counsel

169

......

SECTION 7. WHO IS RESPONSIBLE FOR REQUESTING TECHNICAL ADVICE? ...........

169 .01 An Employee Plans Examinations Area manager, Exempt Organizations Examinations Area manager, Employee

Plans Determinations manager, Exempt Organizations Determinations manager, or Appeals Area Director, SB/SE-
TE/GE determines whether to request technical advice

169 .02 Taxpayer may ask that issue be referred for technical advice

.... 170

SECTION 8. WHEN SHOULD TECHNICAL ADVICE BE REQUESTED?

.01 Uniformity of position lacking
.02 When technical advice can be requested...
.03 At the earliest possible stage

170

170 .... 170

170

170

SECTION 9. HOW ARE PRE-SUBMISSION CONFERENCES SCHEDULED? .01 Pre-submission conference generally is permitted when a request for technical advice is likely and all parties agree

to request the conference

170

177

178

178

178

i

178

178

178

179

179

179

..... 180

SECTION 16. HOW DOES EP OR EO TECHNICAL PREPARE THE TECHNICAL ADVICE

MEMORANDUM? ..........

180

.01 Delegates authority to group managers ........

180

.02 Determines whether request has been properly made

.... 181

.03 Contacts the EP or EO Examinations or the EP or EO Determinations or the appeals office to discuss issues

181

.04 Informs the EP or EO Examinations or the EP or EO Determinations or the appeals office if any matters in the re-

quest have been referred to another group or office .....

181

.05 Informs the EP or EO Examinations or the EP or EO Determinations or the appeals office if additional information

is needed.......

.... 181

.06 Informs the EP or EO Examinations or the EP or EO Determinations or the appeals office of the tentative conclu-

sion......

.... 181

.07 If a tentative conclusion has not been reached, gives date estimated for tentative conclusion.......

181

.08 Advises the EP or EO Examinations or the EP or EO Determinations or the appeals office that tentative conclusion

is not final

.... 181

.09 Advises the EP or EO Examinations or the EP or EO Determinations or the appeals office of final conclusions 182

.10 If needed, requests additional information.....

182

.11 Requests taxpayer to send additional information to EP or EO Technical and a copy to the EP or EO Examinations

or the EP or EO Determinations or the appeals office.

.... 182

.12 Informs the taxpayer when requested deletions will not be made

182

.13 Prepares reply in two parts

.... 183

.14 Routes replies to appropriate office.......

.... 183

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SECTION 20. WHAT IS THE EFFECT OF THIS REVENUE PROCEDURE ON OTHER DOCUMENTS?

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SECTION 1. WHAT IS THE
PURPOSE OF THIS REVENUE
PROCEDURE?

This revenue procedure explains when and how Employee Plans Technical or Exempt Organizations Technical gives technical advice to an Employee Plans (EP) Examinations Area manager, an Exempt Organizations (EO) Examinations Area manager, an Employee Plans (EP) Determinations manager, an Exempt Organizations (EO) Determinations manager, or an Appeals Area Director, SB/SE-TE/GE in the employee plans areas (including actuarial matters) and exempt organizations areas. It also explains the rights a taxpayer has when an EP or EO Examinations Area manager, an EP or EO Determinations manager, or an Appeals Area Director, SB/SE-TE/GE requests technical advice regarding a tax matter.

SECTION 2. WHAT CHANGES
HAVE BEEN MADE TO REV.
PROC. 2002-5?

This revenue procedure is a general update of Rev. Proc. 2002–5, 2002–1 I.R.B. 173, which contains the general procedures for technical advice requests for matters within the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division.

SECTION 3. WHAT IS
TECHNICAL ADVICE?

“Technical advice” means advice or guidance in the form of a memorandum furnished by the Employee Plans Technical or Exempt Organizations Technical office, (hereinafter referred to as “EP or EO Technical”), upon the request of an EP or EO Examinations Area manager, an EP or EO Determinations manager or an Appeals Area Director, SB/SE-TE/GE, 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 headquarters office to a specific set of facts. (The references in this revenue procedure to an Appeals Area Director, SB/SE-TE/GE include, when appropriate, an Appeals Area Director, LMSB, a Deputy Appeals Area Director, LMSB, a Deputy Appeals Area Director, SB/SE-TE/GE or an Appeals Team Manager.) Such proceedings include (1) the examination of a taxpayer's return, (2) consideration of a taxpayer's claim for refund or credit, (3) a taxpayer's request for a determination letter, (4) any other matter involving a specific taxpayer under the jurisdiction of EP or EO Examinations, EP or EO Determinations, or an appeals office or (5) processing and considering nondocketed cases of a taxpayer 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), 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 taxexempt bonds or to § 457 plans maintained by state or local governments or tax-exempt organizations or to mortgage credit certificates. Instead, in those instances the procedures under Rev. Proc. 2003–2, page 76, this Bulletin must be followed.

Technical advice resolves complex issues and helps establish and maintain consistent holdings throughout the Internal Revenue Service. An EP or EO Examinations, an EP or EO Determinations or an 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 EP or EO Examinations or the EP or EO Determinations or the appeals office in writing or orally, other than advice furnished pursuant to this revenue procedure. In accordance with section 12.01 of this revenue procedure, a taxpayer's request for referral of an issue for technical advice will not be denied merely because EP or EO Technical has provided legal advice, other than advice fur

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